if criminal intent was not considered? After all, aren’t we merely guessing about a person’s actual motivation for committing crime? Defend your answer~
2007-01-27 06:38:27 · 5 answers · asked by Mykill 2 in Politics & Government ➔ Law & Ethics
I don't think society would be better off; although it does take more time to prove intent. However, it also depends of who's investigating the crime that was perpetrated. The evidence is sometimes right there within the first couple of witnesses for the prosecution.
If they give the accused a psychological evaluation by an esteemed professional in the field, they can usually tell what types of instances/situations motivate that person. There are times when the prosecution will make other considerations, but not often. It depends on the crime. If you're talking about Murder 1, then that's a horse of a different color. There are times, however, when the prosecution will see how the suspect reacts by making a deal with the accused attorney and the accused present. Reaction says a lot.
2007-01-27 06:51:58 · answer #1 · answered by chole_24 5 · 0⤊ 0⤋
First, few crimes today are "common law crimes." Second, intent is a requirement for very few common law or statutory crimes, since proving the elements of the crime does not require showing intent. Intent is popular on TV crime shows, but not in the real world. And, finally, mens rea is not so much a matter of intent as it is having a mental capacity to discern the illegality of the intended action. "Ignorance of the law is no excuse," remember!
2007-01-27 06:48:17 · answer #2 · answered by thylawyer 7 · 2⤊ 0⤋
Mens rea is not the motive or motivation for the crime. It is the necessary mental state required to have committed the crime. If someone takes the life of another, it makes a GREAT DEAL of difference whether they did it PURPOSELY, KNOWINGLY, or through RECKLESSNESS or NEGLIGENCE.
Running a stop sign and hitting another vehicle where someone loses their life is bad, and it's a crime; but one would be hard pressed to say that it is equivalent to premeditated murder.
2007-01-27 06:50:54 · answer #3 · answered by Citicop 7 · 1⤊ 0⤋
i recognize this mens rea. in latin which ability "guilt ideas" in case you kill someone, and undesirable dream/nightmare nonetheless brother you once you kill someone... you could't stand undesirable dream because you killed someone
2016-10-16 04:36:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Well, not if you prove it was jealously.
2007-01-27 06:43:01 · answer #5 · answered by Ruth 6 · 0⤊ 0⤋