OPAQUE RECKLESSNESS.

People who knowingly engage in risky behavior but fail to think through why their actions are "risky" or "bad" or "dangerous," may not be subject to any criminal responsibility. Yet, by their choices to engage in dangerous actions, these people have shown themselves to be culpable, and thus deserving of punishment, as well as deferrable, since they know the dangerousness of their acts and therefore can decide whether to commit those acts. The law in its current state, presents the danger that opaquely reckless people are being treated as purely reckless and hence, our criminal justice system may be treating them as more culpable than they actually are. For theorists who believe that results do not matter for blameworthiness and punishability, responsibility rests upon the actor's choice. While many theorists advance this argument in the context of attempts and completed crimes, few focus on the result that this argument would have for reckless actors. That is, such a theory commits one to holding that the reckless driver who does not kill someone should be held as responsible as the reckless driver whose conduct results in death.