How intent defines punishment

In Illinois criminal courts, a concept called mens rea may play a role in how a case is decided. The terms is Latin for guilty mind and tries to differentiate between crimes committed intentionally and acts that inadvertently led to a crime being committed. For instance, there is generally a difference between a driver hitting a pedestrian intentionally compared to someone who didn’t see that person until it was too late.

For the person who hit the pedestrian by accident, he or she will most likely be liable for civil damages only. This means that he or she may owe a financial penalty but will not go to jail or face other criminal sanctions. However, in the case of the person who intended to hit the pedestrian and cause harm, he or she will most likely face criminal penalties.