A defendant found guilty of a knowing homicide in Colorado is subject to a mandatory sentence of 16 to 48 years in prison. If that same defendant is found guilty of a reckless homicide, he or she faces a non-mandatory sentence of two to six years in prison.

The problem-according to a study by a group of law and psychology professors-is that jurors often are unable to distinguish between knowing and reckless conduct, as defined by the Model Penal Code.