Delinquency adjudications and criminal convictions of minors who have been transferred to Superior Court for trial as adults both require that the elements of the offense charged are proved beyond […]
When a defendant is charged with a crime involving the possession of a controlled substance, what kind of knowledge or intent must the prosecution show? Must the state prove that […]
An ancient maxim of the law is ignorantia juris non excusat, or ignorance of the law does not excuse. Put another way, it is presumed that the public knows the […]
In prior posts, I discussed transferred intent and criminal negligence. Intent and criminal negligence, along with malice and willfulness are some of the common states of mind that the prosecution […]
Criminal negligence (sometimes called culpable negligence) means recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others. State v. […]
Suppose a defendant acts intending to do one thing but ends up doing something else. For example, suppose the defendant shoots at A, intending to kill A, but misses and […]