TDCAA Community
Knowingly v. Reckless mens rea

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/1891064451

August 28, 2007, 10:15
Kathleen
Knowingly v. Reckless mens rea
We're trying a injury to a child case soon involving abusive head trauma to a 2m old. Given the number of statements/admissions made by D, the defense strategy is going to be to try and get a reckless finding and cap punishment at 20y. I'm looking for examples you use to try and explain the knowing v. reckless difference to the jury (we specifically left "intentionally" out of our indictment). I've got some intial examples to work with, but don't know how much of a conceptual problem this will be for the jury, so I want to have several to throw out there. Given the great examples to qualify people on probation in a recent thread, I've got some high expectations for responses!!!