Mental states that determine the degree of guilt or culpability in criminal law are generally classified from highest (most worthy of blame or punishment) to lowest as: (1) intentional; (2) knowing; (3) reckless; and (4) criminal negligence.

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all of the circumstances, as viewed from the accused person’s standpoint at the time of the alleged criminal negligence.

Criminal offenses or crimes often specify the culpable mental state the prosecution is required to prove to convict a defendant of the offense. These culpable mental states are generally defined in the relevant state or federal statutes—usually in the penal or criminal code.

In Michigan, as in many other jurisdictions, the mental state of an individual at the time of committing a crime is crucial in determining their degree of guilt or culpability. The mental states are ranked from most to least blameworthy: (1) intentional, (2) knowing, (3) reckless, and (4) criminal negligence. Intentional actions are those committed with the purpose of causing a particular result, while knowing actions are those where the individual is aware that their conduct is almost certain to cause a result. Reckless behavior involves conscious disregard of a substantial and unjustifiable risk, and criminal negligence refers to the failure to perceive such a risk when an ordinary person would have. This failure must represent a significant deviation from the standard of care expected in the situation. Michigan's penal code defines these mental states and specifies which one must be proven by the prosecution to establish guilt for a particular crime. The precise definitions and applications of these mental states can be found in the Michigan Penal Code and are used to assess the level of culpability in criminal proceedings.