Delaware Code Title 11 Sec. 307 – Jury inference of defendant’s intention, recklessness, knowledge or …
(a) The defendant‘s intention, recklessness, knowledge or belief at the time of the offense for which the defendant is charged may be inferred by the jury from the circumstances surrounding the act the defendant is alleged to have done. In making the inference permitted by this section, the jury may consider whether a reasonable person in the defendant’s circumstances at the time of the offense would have had or lacked the requisite intention, recklessness, knowledge or belief.
Terms Used In Delaware Code Title 11 Sec. 307
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Juror: A person who is on the jury.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) When the defendant’s intention, recklessness, knowledge or belief is an element of an offense, it is sufficient to establish a prima facie case for the State to prove circumstances surrounding the act which the defendant is alleged to have done from which a reasonable juror might infer that the defendant’s intention, recklessness, knowledge or belief was of the sort required for commission of the offense.
11 Del. C. 1953, § ?307; 58 Del. Laws, c. 497, § ?1; 70 Del. Laws, c. 186, § ?1;