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Consider the meanings of 'recklessness' in criminal law which give rise to this criticism indicating to what extent you agree with it.
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RECKLESSNESS ESSAY "The Caldwell test fails to make a distinction which should be made between the person who knowingly takes a risk and the person who gives no thought to whether there is a risk or not" -SMITH AND HOGAN 1992 Consider the meanings of 'recklessness' in criminal law which give rise to this criticism indicating to what extent you agree with it. Proof of recklessness in law is sufficient to establish the mens rea for most criminal offences. There are two types of recklessness: subjective and objective recklessness. Recklessness is the taking of, and being aware of, an unjustifiable risk - that is one which is in no way beneficial to society and it is highly unlikely that a reasonable person would have taken that risk. However, the word had produced uncertainty because there is no statutory definition and judges have produced two meanings of recklessness for different crimes. It is often difficult...
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