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Monday, July 18, 2011

Charged with a crime in Texas? You have to have the mens rea!

In Texas, a person that is charged with committing a crime needs to have had the intention of committing the crime that he/she has been charged with. The operative word is mens rea. Many times however, prosecutors and defense attorneys forget this very important element.

Mens Rea- Latin word. This is the defendant's guilty state of mind, as an element in proving the crime with which defendant is charged. Our defense lawyers always argue this point to a jury.

Our legal system was created so that no one innocent person is convicted; however, this is not the case. Too much drama in the court rooms, media influence, and inefficient assistant of counsel makes it possible for the innocent to be convicted. Judges that allow prosecutors too much lead way has always been detrimental for the legal system and for the accused.

Let us bring back the fundamental principles of justice and let the cases be decided on facts not on drama. Once a person gets a day in court, if acquitted, that person needs to be left alone by the media and every one else.

1 comment:

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