There are two types of states of mind in our criminal and civil justice systems, and each requires a different type of intent and levels of proof
Criminal Law
Specific Intent
Criminal intent refers to a specific state of mind known as “men’s rea,” which is a primary element of proof necessary to convict. Our criminal justice system requires the prosecutor to prove beyond a reasonable doubt the accused specifically intended to commit the subject crime.
Civil Law
In civil cases, some civil wrongs require a specific form of intent. In contrast, other civil wrongs only need a state of carelessness, known as negligence.
Negligence
Negligence is usually defined as a state of mind that demonstrates a general knowledge that one is exposing others to an unreasonable risk of harm. For example, a supermarket washes its floor but neglects to put a warning cone at or near the slippery area.
Intentional Torts
Civil intent is a required element of certain civil wrongs such as battery, intentional infliction of emotional distress, and civil actions based on misrepresentation and fraud.
Malicious Intent
Depending on the facts, these intentional torts permit a plaintiff to plead and prove punitive damages. In such cases, the burden of proof requires clear and convincing evidence defendant’s conduct was not only intentional but also malicious and despicable.
