Many people wonder how the law distinguishes between someone who deliberately set out to cause harm to someone and an action that accidentally resulted in harm.
There is an old Latin term used in the law, particularly criminal law, that is called “mens rea.” Mens rea (pronounced, menz ray uh) means “guilty mind” and is a concept present in most criminal laws that distinguishes between an accidental event and an intentional act, even if they both result in the same harm caused to someone’s life, person or property.
For example, a defendant who is on trial for murder must be shown to have not only caused the death of another, but also shown to have intended to commit an unlawful act. Notice that the state does not have to prove that the defendant intended to cause a person’s death, but that the intent was to do something that was against the law.
This means that if someone’s death resulted from a defendant’s actions while in the act of committing a robbery, the intent to break the law for a robbery is carried over to the death of the victim.
Recklessness is also a mens rea. For example, if a defendant was driving at high speeds through a residential neighborhood and a death occurs as a result, that criminal recklessness is sufficient recklessness for a charge of manslaughter.
Traditional, most criminal statutes required some level of moral culpability in order to find a defendant guilty. For example, suppose a hunter is charged with murder after accidentally shooting another hunter while out in the woods during hunting season. If the shooter’s criminal defense lawyer can show that he did not act with malice, criminal intent or recklessness, he cannot be found guilty of murder.
On the other hand, there are some laws that are called “strict liability statutes,” which do not require any level of intent in order to be found guilty. These are fairly modern criminal laws that do not require a proving of mens rea. Generally these laws are enacted because public policy demands that would-be defendants know the law and make absolutely certain of their actions.
Statutory rape laws of having sex with a minor, or laws forbidding the sale of alcohol to minors are examples of strict liability laws. These laws absolutely require that an adult having consensual sex know that the partner is not a minor, or that a seller of alcohol know that the person buying alcohol is a legal adult. Again, such laws are passed because our society demands strict liability in the compliance of these actions.
Other strict liability laws are often federal regulations, such as tax laws, environmental protection laws and health care regulations. In other words, if you violate an obscure income tax law, you are still guilty of violating the law, regardless of whether you intended to or not.
Charles Brown, JD is a former criminal defense lawyer who now writes about legal topics. Visit him at Ask A Criminal Defense Lawyer, http://askcrimelawyer.blogspot.com, where you can submit your questions about your legal rights, what to do if you or a family member is ever charged with a crime, how to choose a criminal defense lawyer and how to work with your lawyer throughout your case.
Source: www.a1articles.com
