Presentation on theme: "Forms of Mens Rea Intent: Mental desire and will to act in a particular way. Example: Desiring to murder someone and acting in a way consistent with achieving."— Presentation transcript:
Forms of Mens Rea Intent: Mental desire and will to act in a particular way. Example: Desiring to murder someone and acting in a way consistent with achieving this desire. SIDEBAR Subjective Intent: (aka subjective standard) Intent that can only be surmised (deduced, assumed) based on overt evidence. ie: If Bill throws a rock at James, we can surmise that he intended to hit James with the rock. However, we are forced to guess at his intent, regardless of how clear it might appear to be. Objective Intent: (aka objective standard) Intent that can be clearly established based on overt evidence. ie: If Bill throws a rock at James, it is obvious to an objective observer that Bill intended to throw the rock. The intent to carry out the action would constitute objective intent. However, the intended result of the action cannot be determined as easily. Did Bill intend to hit James, or was Bill’s goal simply to scare James? Bill’s actual goal would constitute subjective intent. Subjective intent is far more difficult to prove.
Recklessness: In both negligence and criminal cases, careless to the point of being heedless of the consequences ("grossly" negligent). State of mind of a person who, doing an act, is aware of a risk that a particular consequence is likely to result. Awareness of a risk is the essence of recklessness. The defendant must foresee that a particular consequence is likely to result. Examples: Most commonly this refers to the traffic offence "reckless driving." - It can also refer to use of firearms (ie. shooting a gun in a public place), explosives, or heavy equipment.
Wilful Blindness: To purposely remain ignorant of facts that would indicate (lead one to know) that one is in fact committing a crime. Note: Knowing that mens rea is required to prove guilt, maintaining one’s ignorance of facts that would make them aware that they are committing a crime might appear to present a strategy with which one could defend oneself. However, if one premeditatedly remains ignorant of such facts, then their own efforts to remain ignorant of these facts will provide the mens rea required to prove guilt. Examples: Serving minors alcohol without asking for proof of age. Having sexual relations with a minor without verifying age. Delivering packages without confirming the contents of the package.