153k views
4 votes
Terrance is showing Manuel his gun collection. Manuel has never before handled a gun. He reluctantly takes a gun from Terrance and asks him if he is sure that the gun is unloaded. Terrance replies that he never puts ammunition in his guns except at the gun range where he goes to practice. Manuel points the gun out the window of the house and pulls the trigger. The gun fires and a women walking by on the sidewalk is shot and killed. At his trial, what defense is Manuel likely to use

1 Answer

3 votes

Answer:

Mens Rea

Step-by-step explanation:

Mens rea is defined as a mental element of an individual's intention so as to commit crime; or the knowledge that his or her action or the lack of action would seriously cause a crime that is committed.

In the context, Manuel defense is Mens Rea which results the prosecution fail to prove one or more than one elements of the crime committed. It usually create a doubt or leaves a doubt in the jury's mind which results in obstructing a prosecution from the meeting its burden of any such proof.

User Micha Schwab
by
4.6k points