Context: This is a world inhabited by intelligent, non-anthro animals, some of which have decided to outlaw hunting and eating prey in favour of living in harmony and cooperating.
They have a zero tolerance policy for predation and it is criminalized extremely heavily. Depending on what species or taxon you are (all animals have the right to be tried by members of their own species and taxa, and they are responsible for carrying out sentences of their own kind too), First Degree Predation, where you personally kill then eat an animal, is the only crime that formally carries the death penalty. Regular first degree murder where you “merely” kill an animal without intent to eat them only has a maximum sentence of life in prison without parole. Second Degree Predation (aka Simple Predation) is where you obtain meat with the intention of eating it without personally killing anything, carries only a mandatory fixed term prison sentence in addition to losing certain freedoms post release.
However, their laws on the issue is very much based on intent as that is their philosophy, that because they are all sapient and no longer bound by their natural hunter instincts, they are responsible for their own actions. You don’t have to actually eat the prey you killed to have committed First Degree Predation, and the inverse is technically true as well, where if you kill an animal for some other reason and only after they’re dead do you decide to eat them, then you’re technically only guilty of murder and Second Degree Predation instead of First Degree Predation. There are also legal ways that certain animals can obtain animal tissue, for example, as skin grafts and organ transplants, autopsy and forensic investigations, or for general research. Because animals handling tissue in these cases don’t intend to eat it, it does not fall under Second Degree Predation. However, if you buy animal meat and later decide not to eat it, that’s still considered predation.
Especially with the nature of eating and digesting food, law enforcement only has a very small time window to order a suspect to undergo lab testing of what’s in their belly where it will actually show a positive hit for animal tissue, so my original thought is that the intent clause is meant to make prosecuting predation easier, since they wouldn’t need to actually prove that the accused has animal tissue in their digestive tract at any point, just that they wanted at some point for some form of animal tissue to end up inside them.
I know there are many real life laws that use intent in a similar way, but I don’t know how courts actually prove intent beyond a reasonable doubt. Can anyone who’s delved more into the legal side of worldbuilding comment on how the courts in my world might prove (or disprove) that someone intended to eat another animal when they do not have direct evidence that the animal was indeed eaten?
At the end of the day, it’s generally impossible to prove motive beyond a reasonable doubt outside of cases where there is extensive evidence of that motive. Let me use two different hypothetical murder cases as examples:
Case 1: The culprit already legally owned a gun. Everything seems normal with them, but then they go and shoot their neighbor who apparently owed them a large sum money and never paid it back. It can be inferred that this was a premeditated murder but it could have also been spur-of-the-moment.
Case 2: The culprit has constantly complained about their neighbor not paying back a large sum of money they loaned said neighbor. Witnesses report that the culprit has been saying things like “I’m gonna kill that son of a bitch if he doesn’t give me my money”, and the culprit only recently purchased a gun. The culprit then goes and shoots their neighbor. In this case, it’s pretty clear that the culprit had every intention to kill their neighbor.
Cases like case 1 almost always get plea-bargained down from first-degree murder to second-degree murder/homicide.
