Reference no: EM132418287
Question: Proving intent can be challenging. What kind of crimes require specific intent and how difficult is that to prove?
Crimes that require Specific Intent are usually crimes committed that are crimes not regarding scienter or the criminal act , but commit a crime with intent to cause a specific result. This can be hard to prove as there has to be proof the individual(s) committing the crime had the specific intention of the outcome of their crime. iE: If Sally borrows Lisa violin to practice for a concert, but she does not intend on returning the item. In turn, Sally does not return the violin to Lisa and keeps it as her own. This is an example of Specific Intent. It must be proven that when Sally borrowed the violin from Lisa, she had no intentions of returning the item.
Which crimes might be easier to prove intent than others? What kinds of proof might be used for certain crimes than others?
As it relates to crimes that can be easier to prove than others, there are many aspects you can comply for this. General Intent, or common law intent to perform a criminal act ( act us rea) is more common and allot less complicated compared to Specific Intent. General intent can also lead to lesser punishments for the individual such as infractions or misdemeanors in crimes that lack intent.
In some cases there may be physical evidence present such as the example in Ch.4. The type of proof used will vary from case to case and all depends on the nature and intent of the crime that was committed.
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