As a matter of common definition, which may not be the definition used in some specialized and colloquial contexts, a 'mistake' is not usually if ever considered 'conscious', that is, intentional. Mistakes are 'inadvertent' and 'unintentional'. However, notice that a 'mistake' may be deliberate and thus 'conscious': I've knowingly made deliberate 'mistakes' in order to facilitate learning--for example, in chess, to learn how the 'mistake' or, more accurately, the 'error', might be exploited. Deliberate, or conscious, 'mistakes' however, draw on a dual understanding of 'mistake'; what may be considered a 'mistake' in a limited, special sense may at the same time be considered a productive strategy with a broader reference.
Comparing definitions supports the contention that the usual understanding of 'mistake' is 'unintentional error'. First, a common definition of 'mistake':
- An error or fault resulting from defective judgment, deficient knowledge, or carelessness.
- A misconception or misunderstanding.
[mistake. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved January 15 2016 from http://www.thefreedictionary.com/mistake .]
None of 'defective judgment', 'deficient knowledge', 'carelessness', admit of being consciously done at the time of the "error or fault". Nor are 'misconception' or 'misunderstanding', as types of error or fault, conscious.
There may be, however, a legal burden on citizens to remedy the 'defective judgment', 'deficient knowledge', or 'carelessness' before the error or fault takes place. It is in this sense that 'negligence' may be conscious; a secondary 'negligence' may be considered conscious because before an error or fault of 'defective judgment', etc., in short, before a 'mistake' has been committed, a primary duty of cultivating sound judgment (thus avoiding 'defective judgment'), acquiring sufficient knowledge (thus avoiding 'deficient knowledge') or exercising due care (thus avoiding 'carelessness') has been neglected.
Other definitions of 'mistake', from Collins English Dictionary, Random House Kernerman Webster's College Dictionary, and The American Heritage® Roget's Thesaurus (see The Free Dictionary) do not significantly deviate from the definition presented in the American Heritage Dictionary. On the contrary, those definitions support the contention that mistakes are usually if not always considered inadvertent and unintentional:
mistake ... refers to an inadvertent deviation from accuracy, correctness, truth, or right conduct.
(Random House)
An act or thought that unintentionally deviates from what is correct, right, or true ....
(American Heritage Thesaurus)