TPadden
Tom Padden
Facts NEVER completely prove intent unless there is a confession or admission. In every criminal case I was involved where intent (mens rea) was a necessary element of the crime, intent was inferred from evidence. Legally proving intent isn't necessarily proving that the result of an individual's action was what the individual actually intended - in most cases it's an objective determination of intent on the basis of what a reasonable person would expect the results of his action to be.That doesn't establish intent by any means. No way that translates to "I deliberately swerved into the motorcycle".......
Everyone's got the right to their opinion. But there are times when actions should be based on facts and standards and the applying law is one of those times.
The video, recorded statements, and I'm sure what at least one witness saw and heard should be more than enough to allow a diligent prosecutor to "establish intent" in a criminal assault case.
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