Sunday, April 01, 2007

Plain English jury instructions: I try "reckless"

I take my best shot at rewriting a jury instruction on recklessness:

What does reckless mean?

You are reckless if you are aware of a substantial and unjustifiable
risk, but you consciously disregard that risk.

Also, disregarding the risk must be vastly different from what an ordinary
person would do in the same circumstances.

Perhaps phrasing jury instruction with "you" is a bad idea. What do you think?

Original instruction is here.

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