05-20-2012, 04:18 PM
(05-20-2012, 03:27 PM)Adub Wrote:(05-20-2012, 02:30 PM)Lady Cop Wrote: slippery slope introducing "mindset" i.e. motive. motive is never a required element in a murder case. only facts in evidence. juries like motives, but they are of no legal consequence.
mindset (fear) would be relevant in an immunity hearing.
Maybe I am using the wrong word. I am not talking about state of mind.
I think that the word you're looking for is "intent".
Every crime has elements. A prosecutor must prove each element beyond a reasonable doubt in order to have a lawful conviction.
Almost every crime has an intent element, whether it be intentional, reckless, negligent or something similar.