Criminal Mind/Scienter
One of the things that the prosecution must prove to the jury is the
intent of the defendant which is the “Mens
rea” or criminal mind of the defendant at the time the committed the crime.
This is basically proving that the defendant had the “Scienter” or the intent or the knowledge of the wrongdoing of the
criminal act and it means that the defendant had the knowledge of the wrongness
of act prior to committing it. There is no burden of proof on the defendant and
the defendant has no requirement or obligation to testify in their case nor to
prove that he or she did not commit the crime they are charged with in this
case.
Proving mens rea and especially scienter is very important for the
investigator in a criminal case. Being able to demonstrate that the individuals
being charged with the criminal act had the mental intent and also the
knowledge of what they were doing was wrong. This goes a long way with the jury
when they are trying to determine if the person is guilty beyond a reasonable
doubt. One other important aspect of this intention to commit the crime would
be “Motive” to commit the specific
crime or crimes being charged. When examining a criminal act one of the perspectives to view the crime from for a better understanding of the motive or need to have committed the crime would be the purpose of the commission of the criminal act. The questions which need to be asked and then answered if possible is whether the accused committed to the crime to satisfy an a specific non-emotional need such as stealing money to buy drugs; stealing items to sell to buy drugs or holding up a bank because he wanted to buy a car. If the person committed the crime to just satisfy an emotional need such as hitting someone because the person annoyed the defendant and the defendant has anger control problems or raping a female because she broke up with him and he needs to feel the power and control over her then this would assist immensely with underscoring the motive issue in the case. This provides good insight into the purpose or motive and can also assist in locating and obtaining the necessary information used as evidence to assist in proving the elements of the crime against the defendant.
