Quote:
Originally Posted by manaboutown
"Some states no longer use the classifications of mens rea but instead, use the malice distinction. In New Mexico, malice distinction is used over mens rea, because it simplifies determining one’s state of mind. To determine if a person is liable for a criminal act, the courts will determine whether the defendant had one of two malice distinctions:
Express Malice – During the crime, the defendant had a deliberate intent to cause harm to the victim. They planned the act or knowingly approached their victim with the intent of harming or killing them.
Implied Malice – In this instance, the defendant was indifferent to the harm or death a victim might suffer, and they were inattentive or careless at the time."
From: Criminal Defense Basics: What Is Mens Rea? - New Mexico Criminal Law Offices |
Interesting. Nevertheless, I doubt a court would consider failure of an actor to check a gun he was told is "cold" as indifference to harming a person. Careless and inattentive probably, but without the prerequisite indifference I can't see a criminal conviction.