Caveat: My posting of this article is not meant to imply my agreement with it. Via Owning Your Shit:
… Read the rest
Okay, so let’s pretend we’re talking about me, and what we’re talking about is me crashing my car into another vehicle, killing the driver. The act of crashing my car into his and killing him is the actus reus, and let’s say that this fact is not in dispute. Once it has been established that I did indeed crash my car into another and kill the driver, an investigation will be done (I would hope!), and the attendant circumstances examined, and it will only then be determined whether I have committed a crime.
Let’s say I undergo a breath test and am found to be legally impaired. In this case, I will be found to have the mens rea of recklessness—I engaged in conduct a law-abiding person would have refrained from, and that conduct resulted in a foreseeable death.