When Criminal Intent or Another Mental Element Is an Essential

question 45

Essay

When criminal intent or another mental element is an essential element of a crime, the state has the burden of proving the required element. Explain two ways that proof of this element may be made. Provide examples.

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Definitions:

Reasonable Care

A legal standard requiring individuals or organizations to act with the level of caution and vigilance that a prudent person would under similar circumstances, to prevent harm to others.

Scienter

Intent or knowledge.

Innocent Misrepresentation

A false statement about a fact material to an agreement that the person who made the statement believed to be true.

Mutual Mistake

The result of an error by both parties about a material fact, that is, one that is important in the context of a particular contract.