What does this guy’s brain have anything to do with the criminal trial tip of the day. Everything is the answer. More specifically it is Mens Rea . Don’t overlook the mens rea in every case. i almost did .

In preparing for a criminal trial , one gets caught up in witnesses , getting your client ready to testify , jury selection , and the other things you have to do to get ready. Sometimes the basic elements of the offense are overlooked. I tried a child abuse case this week . One of the key issues was that the child witness recanted several times to various people including the forensic examiner . I got so caught up in that one critical component of the case , I almost forgot the mental element.

Mens rea is defined as a guilty mind or criminal intent. In a child abuse case , one of the elements is knowingly .

          "Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person’s conduct when the person is aware that the conduct is reasonably certain to cause the result.³

            The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally

There is only one mental element in a Tennessee child abuse and neglect charge. The conduct must be knowingly . No other mental element will suffice like recklessly.

Bottom line is to not forget the mens rea of the criminal conduct .