There are many cases where the act committed by a defendant is not in dispute, the question at issue is why? A punch can constitute assault or it could be lawful self-defense. A car crash could be an accident, or the result of wanton or reckless conduct by a defendant. Leaving a store without paying for an item could be an inadvertant act or it could be an intentional theft.
“Mens Rea” is a Latin phrase meaning “guilty mind”. It is not enough that an act that could possibly be a crime was committed, the prosecution must prove beyond a reasonable doubt that a defendant had a guilty state of mind when the alleged offense was committed.
Almost all crimes punishable by jail or prison have a mens rea component. Strict liability offenses are usually reserved for traffic offenses or ordinance violations that carry a fine only. Different jurisdictions have different permissible mens reas under which a defendant can be charged. Kentucky has four different mens reas, Intentionally, Knowingly, Wantonly, and Recklessly.
Most crimes have an intentional mens rea, which means that it was the conscious objective of the person to cause that result or engage in that conduct. Knowingly is when a person is aware that his or her conduct is of a criminal nature nature or that criminal circumstances exist. An example of this may be an abuse case, where a defendant may not specifically intend on hurting the other person but are or should be aware that their actions would constitute an offense. Wanton behavior is being aware of and consciously disregarding a substantial risk. For instance, driving while under the influence is considered wanton behavior. And lastly, Reckless behavior is when a person fails to perceive a substantial and justifiable risk that the result will occur.
Even if the underlying act is the same, the difference in mens rea for a defendant can be the difference between freedom and incarceration. Make sure you have an attorney that understands these differences and can provide you with a zealous defense, even if the act in question was tragic.