The Concurrence
Identify and explain the advantages and disadvantages of our adversarial system regarding the burden of proof falling on the government to prove the concurrence of the criminal act with a criminal mind.
In doing so, explain how, if at all you believe, a fact-finder can look into the mind of an accused to determine the way that person acted at the time of committing the crime?
As a working example, share your thoughts as it pertains to the following: if a man thinks about killing his wife and thoughtfully plans the details of how he is going to carry out the crime, can he be prosecuted for her death if she is killed in a car accident that he had nothing to do with?
Why or why not?