Criminal homicides are graded primarily on the basis of:

Question

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Mens rea, or the defendant's mental state at the time of the offense, is the primary factor in determining the degree of criminal homicide. This includes intent, recklessness, and negligence. The use of weapons, surrounding circumstances, and motivation may also play a role in the grading of the offense, but they are not the primary factor. The grading of criminal homicides is primarily based on mens rea or the mental state of the defendant at the time of the crime. This includes intentional killings, as well as those resulting from recklessness or negligence. The use of deadly weapons, surrounding circumstances, and motivation can all be taken into account in determining the degree of the offense, but mens rea is the most important factor.

Criminal Homicides Are Graded Primarily on the Basis Of