The Mistake of Fact Defense
Many crimes require what is known as “mens rea.” The literal translation of mens rea is “guilty mind.” In the realm of criminal litigation, mens rea essentially refers to a person’s criminal intent. Many crimes require the state to prove a defendant’s criminal intent as part of the elements of the crime charged. So what happens when there is activity that could be considered criminal, but the defendant, for whatever reason, did not act with…