What You Need to Understand About Criminal Justice System –The criminal justice system can be frightening and intimidating. This is particularly true when you don’t understand the rules, procedures, and laws that govern it.
So let us discuss the necessary information about;
- Reading criminal statutes
- Mounting a defense against various criminal chargers
- How to hire a professional attorney in Davenport, Iowa.
Reacting to Crime in Progress
Even though in-progress calls are not too frequent, they are the most dangerous for law enforcement as the suspect is still on the scene. When police get a call for a crime in progress, they immediately send a force to the scene. Most of the time, officers can catch the suspect then and there. They either arrest the criminals or take them to the county jail.
The Mental State of the Defendant – Mens Rea
Mens Rea is a Latin word for guilty mind. The concept enables the criminal justice system to differentiate the one intending to commit a crime from the one who didn’t mean it. In brief, Mens Rea refers to the thinking of the accused individual and their intent at the time of the crime.
According to criminal law attorneys in Davenport, Iowa, some criminal laws don’t require mens rea. They are called strict liability laws. These laws claim that the essential act warrants criminal punishment no matter what you intended. For instance, statutory rape is one of the examples of strict liability crime.
Motive Matters
The motive is an indirect way to establish that the act was done knowingly or intentionally. For instance, in an assault case, a defendant might claim that they accidentally punched the victim and did not have any intention for an assault, i.e., to cause bodily harm.
When it comes to criminal law, the intent is distinct from the motive. Criminal intent shows the mental state of the defendant while committing a crime. Generally, the prosecution involved in a criminal case requires proving that the defendant had the intention to commit this illegal act. In short, the prosecution is liable to prove the motive of the defendant. However, defense attorneys and prosecutors alike may create a motive issue in connection with the case.
Hire a Criminal Law Attorney in Davenport, Iowa
So, if you are dealing with a crime against property, a person, or any other criminal offense, immediately hire an attorney to improve your situation and to avoid charges.