• 0 Posts
  • 4 Comments
Joined 1 year ago
cake
Cake day: June 2nd, 2023

help-circle
  • I’m seeing some analogies between second degree predation and drug possession charges. In the latter, it is written as the willful possession of illegal substances, meaning the prosecution must demonstrate mens rea, or the guilty mind. If someone is not aware that they are in possession of an illegal substance, or are not aware that the substance is illegal, they have a valid defense against the crime. What happens in your world if someone plants meat in someone’s home? Would they need to prove they were not guilty of predation, or can they maintain a presumption of innocence despite being “caught red handed” in possession?

    Ultimately, for any felony crime, text messages, photos, letters, history of past usage, discarded or used paraphernalia, etc., all can be used in establishing mens rea in the case. Even song lyrics or poetry written by a defendant have been entered into evidence, see the recent murder case against YNW Melly.

    Thus, the prosecution must prove to the jury that the defendant willfully intended to commit the crime, which depending on prevailing public opinion, may be an easier or harder bar to clear depending on jury composition. For instance, as has been described in that article, the current trend is against accepting “artistic expression” as evidence, however, 30-50 years ago, such evidence would have been used with no qualms whatsoever.