A defendant’s mental state must be considered in the defense for many types of crimes.
Criminal defense attorneys have many strategies for defending against different types of criminal charges. In some cases, demonstrating lack of “mens rea” (Latin for guilty mind, or criminal intent) can form a cornerstone of the defense. This is possible because many crimes are not criminal acts unless criminal intent is present.
Mistake of Fact vs Mistake of Law
It is very important to distinguish between criminal acts that are committed due to a mistake of fact and those that are committed due to a mistake of law. Making a mistake of law, or not knowing that a specific act is illegal, is not an excuse for criminal conduct. So long as the act itself was committed intentionally and deliberately, mens rea would apply. However, making a mistake of fact, such as not realizing that a substance being bought or sold is a drug, could render an individual morally innocent. For example, if an individual bought a bag of cocaine reasonably believing it was sugar, this would be a mistake of fact and the person would be morally innocent. If the individual bought that same bag of cocaine believing buying cocaine was not against the law, they would not be innocent.
Ordinary Carelessness vs Criminal Negligence
In some types of crimes, such as an elder abuse charge or a vehicular manslaughter case, the level of carelessness or recklessness plays a huge role in determining whether or not the act was actually criminal. Ordinary carelessness is not a crime; reckless disregard for substantial and justifiable risk is. For example, if an elderly person was injured when a caregiver accidentally overdosed their medicine, the case would hinge on proving whether the accident occurred due to carelessness or due to criminal negligence.
Crimes That Don’t Involve Mens Rea
There are some crimes where the defendant’s mindset does not play any role. These are called strict liability crimes, because if the event can be proven to have transpired, the individual is guilty regardless of their intent. Statutory rape is one well-known example of a strict liability crime.
Confused?
If you have been accused of a crime and are now confused as to whether or not you can be charged and prosecuted, contact Dan E. Chambers for a free initial consultation. He will help you understand the laws surrounding the crime you have been accused of and advise whether mens rea could play a role in your defense of if other legal strategies would provide a stronger argument.
