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Mens rea-Criminal intent, or "evil mind."

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Attendant circumstance- The added element with a normally legal act that can make it illegal. It is legal to drive, but not with the attendant circumstance of being intoxicated.   

          In order to convict criminally, the prosecution must prove the defendant committed a criminal act (actus reus), and did so with criminal intent (mens rea).   If criminal intent isn't present, there should be an attendant circumstance. For example, an intoxicated man may not need an evil intent when he drives his car; he just wants to have home. He is criminally liable devoid of the mens rea, while he performed the actus reus (driving) of a crime, with an attendant circumstance (while intoxicated).

          Of course, it is impossible to the court or perhaps a jury to find out exactly what a defendant's frame of mind was with the time in the crime, so the court uses facts and circumstantial evidence to best infer the defendant's intent. Enough circumstantial evidence can also add as much as criminal intent.

          The court uses presumption to market order. Some presumptions are not rebuttable. A child within the ages of 7 is presumed to get can not form criminal intent (mens rea), and can't be held criminally liable for virtually any action. This presumption just isn't rebuttable. The prosecution can present evidence a 6 year old child who stabbed considered one of her playmates can be a genius, ready being admitted into Harvard, and the court will not likely affect the presumption she was unable to form criminal intent. Other presumptions are rebuttable. The court presumes all defendants are innocent, but when the prosecution presents enough evidence to rebut the presumption of innocence beyond a fair doubt, the defendant will be found guilty.  

          Because a persons mind is complex, the law allows for several amounts of mens rea, with decreasing levels of liability:

          Purposefully, intentionally, knowingly- essentially the most culpable amount of mens rea. The defendant acted with malice, and full knowledge he / she was committing a crime that could possess a bad result. "Knowingly" is normally utilized to describe a crime with the attendant circumstance.

          Recklessly- The mid a higher level culpability. The defendant was aware that his behavior came which has a risk, and made it happen anyway. For example; two drivers opt to drag race, reaching speeds of nearly 100 MPH over a city street. Along the way, a pedestrian is hit and killed. One, or both, with the drivers would probably be held recklessly responsible for your pedestrian's death because any reasonable person will know driving down a town street at 100 MPH carried a risk. The risk has to be of this type of nature an acceptable person would avoid doing the act.      

          Negligence- The lowest degree of liability. The defendant had not been aware her behavior carried a risk, but really should have been.   The line between reckless and negligence might be fuzzy, and the courts look at the circumstances to discover culpability. A professional day care worker who ignores a hazardous situation which leads to your child's death can be held with a higher standard than an inexperienced babysitter. If the defendant was aware with the risk, he acted recklessly. If he was not aware from the risk, he's negligent. The standard the court uses is what a reasonable person would have perceived inside the same situation.   

          Strict liability-This one may well not seem fair, but sometimes, no one really did anything wrong (a well-cared for cable suddenly breaks and creates a death or injury), but someone is responsible because someone needs to create it right. This was caused during the industrial revolution to guard the public, and is punishable by fines, rather than jail time.   

          A common thread through the entire court product is thinking about a "reasonable person," and what he or she would do, infer, perceive, or otherwise not do. 

The crime of possession:

Actual Possession- The offender features a banned item on his person. 

Constructive Possession -banned items are inside a place or thing that's under the offender's control, although not for the offender's person. 

Knowing Possession -The offender knows he or she possesses the banned item. A person will not have to have at heart the item is banned or illegal; he just needs to find out he possesses it. Most states require knowing possession to be able because of it to become criminal.

Mere possession A person will not know she or he possesses a banned item. Perhaps he accidentally grabbed the incorrect jacket that had drugs within the pocket (or, that's his defense, anyways). In North Dakota and Washington, mere possession is enough to get a criminal charge.

          The principle of causation- regulations holds someone accountable for your outcomes of his or her conduct to varying degrees. 

          Factual cause- The "but for" clause.  If the defendant would not commit this act, that wouldn't have happened. Consider the drag racing scenario. If the defendant failed to drive down an active street at 100 MPH, the death from the pedestrian wouldn't have happened. The death would be a direct result in the drag racing.

          Proximate cause- Is it fair at fault the defendant to the crime? His actions may have caused this, but exactly how closely can it be related? Let's say both men are drag racing down the road at 100 MPH when all of your sudden, a tire flies off one of the cars and crashes via a huge picture window, startling a barber who just happens to get shaving a customer's neck having a straight blade razor. When the barber regains his composure and appears down, he realizes he's just taken the indegent customers head halfway off. Are the drag racers responsible for the death? A reasonable person may have remotely foreseen the tire would fly off, but would they then have further foreseen the barber would get startled while holding the razor? If the harm is accidental enough, or far enough removed, there is certainly no proximate cause, as well as the defendant can not be found guilty. 

          By the way, the barber couldn't be located guilty, either, because he had no criminal intent. Even if the barber just found out this kind of customer was sleeping together with his wife, and police found a diary detailing the way the barber planned to travel to the victim's house and shoot him inside head, the barber couldn't be held liable for accidentally killing the man if the tire flew from the window. Although mens rea was there for the main reason that barber did plan to eliminating the victim, the barber would not commit the actus reus (though, technically, he did commit the actus reus of slicing the guy's throat, he didn't do it with evil intent), and can't be held liable for the purpose he could have thought, or hoped for.

          Intervening cause- a thing that interrupts the chain of events, or contributes towards the results. Using the final example from the drag racing, the intervening causes would be: the flying tire, the shattering with the plate glass window, and also the barber with all the straight blade razor. This doesn't always remove liability, though. If I have a party where I serve alcohol to your bunch of teenagers, who then get into a car, speed down a winding road, and hit a tree, I am still liable for deaths, even though there were the intervening cause of the speeding as well as the winding road.

          Ignorance with the law- this isn't a defense. It does not matter in the big event you knew you had been committing a crime, or not.   The court will not allow one person's interpretation or moral judgment to trump those from the community. The law could be the law for everyone, even in the big event the defendant didn't know his / her actions were criminal.

          Mistake of fact- this is a defense. Let's say you might have been sneaking your boyfriend/girlfriend into your bedroom at night, and he/she happens to look for the bathroom equally as your mother has a midnight snack inside the kitchen. Your mother hears noises upstairs and brings a knife with her to investigate. When your lover opens the bathroom door, your mother stabs him/her within the chest.   Your friend has fallen victim to a mistake of fact. The fact was he/she had permission to be in the home, along with your mother was mistaken when she assumed she was killing a robber. So, although your friend's parents will more than likely want their child's killer punished, the court can't hold your mother criminally responsible to the death.

          Odds and ends:

          Motive- A possible reason for an accused person to have committed the crime. Though the prosecution's case might be stronger whether you aren't this can show the defendant were built with a strong motive for committing the crime, the state will not need to prove motive in order to get a conviction. Sometimes, motive is clear, such as each time a person stands to get an outrageous amount of money upon the convenient death of another. Enough circumstantial evidence may add approximately motive. For example; a wife is murdered, and also the husband doesn't are in position to gain from the huge insurance policy, but he was having an affair, and the wife had spoken to your lawyer about divorce.   These bits of circumstantial evidence can be utilized to infer motive.

          Premeditation- The forethought to commit the crime. Most people assume so as for the crime to be premeditated, the offender were required to have planned it for at least a span of time, but in truth, premeditation can last simply a split second.   Take this scenario; my boyfriend and I are sitting within our family area enjoying a movie. I am in a very great mood, snuggling in the arms, and all sorts of is well. All of a sudden, the lights embark on next door, there is my slutty neighbor parading around naked, as usual, for every among the neighborhood to see. I reach over in to the end table drawer near the couch, grab the gun I keep there for protection, and shoot her between your eyes. I hadn't planned on killing her before, but both seconds it took me to open the drawer, pull out the gun, point, and pull the trigger, were two seconds premeditation and I am in a very heap of trouble.

          Lesser included offense- Sometimes the state does not prove each of the aspects from the crime beyond a fair doubt, however the jury just knows the defendant was up to no good. It can decide to support the defendant liable for any lesser included offense.

          Transferred intent-  When I went to shoot my slutty neighbor, my aim am bad I accidentally shot from the next window thus hitting her grandmother, who's innocently knitting in their rocking chair. I am not from the hook because I didn't hold the mens rea to shoot the grandmother. I had the mens rea to shoot someone at the time, therefore the law will transfer my intent from the neighbor towards the grandmother.

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