Commonwealth v. Samuels

This appeal provides the opportunity for the Court to reexamine its decisions in the area of mens rea, a core concept *114of the criminal law. Like Madame Justice Newman, I do not believe that the General Assembly intended to require a specific finding of criminal negligence by a trier of fact to support a conviction for the offense of homicide by vehicle while driving under the influence. Careful review persuades me that the decisions, relied upon by the majority in reaching a contrary conclusion are not supportable on their own accord for the reasons which follow.

I. Background — Mens Rea and…