• Ferrous@lemmy.ml
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    1 day ago

    therefore we can not use the basis of the mind for the inference of intent.

    Am I misunderstanding or is this completely wrong?

    Because these concepts involve what was in the defendant’s mind, they are often established through indirect evidence. Some common ways prosecutors try to prove intent and premeditation include:

    The nature and manner of the killing (e.g., >multiple stab wounds might suggest >planning) Possession of weapons or tools before the >act Statements or confessions indicating >planning or desire to kill Actions taken before or after the crime to >conceal evidence Witness testimony about the defendant’s >behavior or threats

    Defense attorneys challenge this evidence by offering alternative explanations. They might argue that the defendant acted impulsively, under extreme emotion, or in self-defense.

    https://www.vbrownleelaw.com/the-role-of-intent-and-premeditation-in-homicide-cases/