[tshaddox]

You might have something like a theory of mind, but it would be a generalized theory of mind that provides you with conclusions like "a reasonable person would probably not perform SomeAction unless they intended SomeConsequence". You don't actually need a theory of mind for the specific accused person. They could be a p-zombie, and that won't change the legal process.

[hnfong]

The actual situation is much more nuanced (at least in English law).

See for example https://www.lawteacher.net/cases/r-v-g-recklessness.php