What is Required to Prove Criminal Responsibility for Murder?

 Posted on June 05, 2025 in Criminal Defense

Wisconsin residents may remember a double murder that occurred in 2021, beginning when a 23-year-old reported his parents missing from their Windsor home. After a Cottage Grove woman told investigators that she witnessed the son backing his car up near a wooded area soon after the disappearance, the area was searched. The missing father’s torso, along with scissors, a saw blade, and bolt cutters, was found in the woods, with the mother’s remains found shortly after.

In his 2022 trial, the son faced two counts of first-degree intentional homicide. The prosecution alleged that the parents had been killed to keep them from finding out that their son had dropped out of college. While the defense claimed that the State only proved the son was a liar, not a killer, the jury disagreed, and the son was given a life sentence. A conviction of first-degree intentional homicide in Wisconsin requires proof of two elements: that the defendant caused the death of the victim or victims and that the defendant acted with intent to kill the victim.  

Intent is the element that separates the most serious crimes from lesser crimes. For example, in Wisconsin, negligent homicide requires proof of criminally negligent behavior but not intent. A person is dead either way, but when there is no intent, the punishments are much less severe. If you are facing intentional homicide charges in Wisconsin, it is extremely important to speak to an experienced Racine County, WI criminal defense lawyer.  

Actus Reus vs. Mens Rea

Criminal responsibility in our country is proven through two key concepts. Mens rea (Latin for "guilty mind") refers to the defendant’s mental state at the time he or she committed the criminal offense. Actus reus (Latin for "guilty act") refers to the physical act of committing a crime.

For example, the physical act of stabbing a victim constitutes the actus reus in a homicide case. In order for a defendant to be found guilty of the criminal offense of homicide, the prosecution must first prove that he or she committed the crime.

Proof of the commission of a crime is not, in and of itself, sufficient for a guilty verdict. In crimes like first-degree murder or intentional homicide, there is a mental component related to the defendant. The prosecution must establish the defendant’s state of mind at the moment of the criminal act. It must be shown that the defendant had the intent to commit the crime.  

Establishing Actus Reus and Mens Rea in a Homicide

The conduct or physical act that constitutes a crime is described under the legal term of actus reus. Observable, external elements of any crime fall under actus reus. This can include an action that caused the crime, possession of an illegal substance, or an omission. In a homicide, the actus reus is the manner in which a person is killed, whether the defendant shot, stabbed, poisoned, beaten, or otherwise caused the death of another human being.

Mens rea in a homicide refers to the defendant’s conscious desire to harm the victim. If the prosecutor is unable to establish intent in an intentional homicide case, then the charges must be lowered to a homicide level that does not require intent but could require recklessness or negligence.

Contact a Jefferson County, WI Criminal Defense Lawyer

If you are charged with a criminal offense that requires the element of intent, you are facing extremely severe penalties. Having a knowledgeable Milwaukee County, WI criminal defense attorney from Bucher Law Group, LLC can potentially make a difference in the outcome.

Attorney Bucher has litigated some of the most complex and high-profile cases in the state and has served on numerous statewide task forces focused on violent crimes. His two decades as Waukesha County District Attorney give him a unique perspective that benefits his clients who are charged with serious criminal offenses. To schedule your free consultation, call 262-303-4916.