DE · jury_instructions
Del. P.J.I. Crim. No. 11.631
Criminally Negligent Homicide
CRIMINALLY NEGLIGENT HOMICIDE
In order to find Defendant guilty of Criminally Negligent Homicide, you
must find the State has proved the following two (2) elements beyond a reasonable
doubt:
(1) Defendant caused a person’s death; and
(2) Defendant acted in a criminally negligent manner in causing death.
In order to prove Defendant “caused” death, the State must establish that the
person would not have died but for Defendant’s conduct.
“Criminally negligent” means Defendant failed to recognize there was a risk
that death would result from Defendant’s conduct. Further, the risk of death was of
such a nature and degree, Defendant's failure to recognize the risk constituted a
gross deviation from the standard of conduct a reasonable person would observe in
the same situation.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
6087cf094663070feeb3d04b64e664bf60f305edd85afffec14de8522141a796
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