Not only in the counties of Broward, Palm Beach and Miami-Dade but also in other areas of South Florida, when a crime is being investigated, one of the most important elements is the Mens Rea. This is a phrase in Latin which means a Guilty Mind.
The guilty mind is an important element in cases involving criminal acts such as homicide, manslaughter, and other felony crimes.
The State of Florida has the burden of proving that the element of mens rea actually existed at the time the crime was committed. In order to prove that the element was present, they may try to identify a possible motive for the perpetrator to commit the offense.
It will be easier for the jury to believe that the element of mens rea existed if they believe that the defendant had a motive to commit the crime. A motive is the reason behind a crime, for example a desire for revenge or financial pressure.
Without finding any possible motive that led the defendant to commit the crime, it is hard for the state of Florida to prove the guilty mind of the individual. However, it doesn’t mean that they will not come up with another element leading to the belief that mens rea was present.
If you are being charged with a felony, call a criminal defense attorney in South Florida for a free consultation.