The same act, causing the death of an individual, may result in the defendant being charged with different offenses depending on the:

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The mental state or mens rea of the defendant is a crucial factor in determining the offense charged. For example, if the defendant acted with intent or premeditation, they may be charged with murder, while if they acted recklessly or negligently, they may be charged with manslaughter. The type of instrumentality used, public reaction to the crime, and motive can all be factors in a prosecutor's decision-making, but they are not the primary determinants of the offense charged.

The Same Act, Causing the Death of an Individual, May