"Natural and probable consequences" -Crim Law
Posted: Sun Dec 11, 2011 10:34 pm
Hey guys,
My professor has stressed throughout the semester that prosecutors have to infer the mental state of the defendant from the "natural and probable consequences" of their actions. I am trying to get a grasp on how to apply it. I get that if you point a gun at someone's chest and shoot a bullet, that you can infer "purpose" to kill. From my understanding, you would use the exact same set of facts and language to infer any mental state.
Ex. It can be inferred that D acted with __________ from the natural and probable consequences of his act of ________.
Regardless of the mental state (purpose, knowledge, or recklessness), I feel like my professor would use the same argument and language to infer purpose or recklessness. Am I missing something here? Is there more to inferring one's mental state (assuming there's no evidence other than the act itself)?
I know this is a broad question, but if anyone can explain more in-depth about how they approach inferring mental states, that'd be quite helpful.
Thanks!
My professor has stressed throughout the semester that prosecutors have to infer the mental state of the defendant from the "natural and probable consequences" of their actions. I am trying to get a grasp on how to apply it. I get that if you point a gun at someone's chest and shoot a bullet, that you can infer "purpose" to kill. From my understanding, you would use the exact same set of facts and language to infer any mental state.
Ex. It can be inferred that D acted with __________ from the natural and probable consequences of his act of ________.
Regardless of the mental state (purpose, knowledge, or recklessness), I feel like my professor would use the same argument and language to infer purpose or recklessness. Am I missing something here? Is there more to inferring one's mental state (assuming there's no evidence other than the act itself)?
I know this is a broad question, but if anyone can explain more in-depth about how they approach inferring mental states, that'd be quite helpful.
Thanks!