A driver speeds through a crowded square thinking 'I will manage to avoid anyone', sincerely trusts his skill, and kills a pedestrian. Which mental state is the best classification?

Answer and explanation

Correct answer: A. Conscious negligence (culpa consciente)

  1. Step 1: Both conscious negligence and eventual intent involve foresight of the result. Step 2. The difference is whether the agent accepts the result (intent) or sincerely trusts that it will not occur (negligence). Answer: Conscious negligence (culpa consciente). Why not the others: accepting the risk makes intent, wanting the result makes direct intent, and no foresight at all makes unconscious negligence.

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