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The crime of battery, for example, only requires the basic intent that the actor knew or should have known that his action would lead to harmful contact with the victim. A limited number of offences are defined to require a further element in addition to basic intent, and this additional element is termed specific intent. There are two classes ...
Intentionalists refer to the specific intent of the enacting legislature on a specific issue. Intentionalists can also focus on general intent. It is important to note that private motives do not eliminate the common goal that the legislature carries. This theory differs from others mainly on the types of sources that will be considered.
For example, battery and manslaughter are usually seen as general intent offenses while for murder, a specific intent is required. [ 93 ] [ 94 ] [ 95 ] This distinction is closely related to the difference between direct and indirect intent, but not identical to it.
Genocidal intent is the specific mental element, or mens rea, required to classify an act as genocide under international law, [1] particularly the 1948 Genocide Convention. [2] To establish genocide, perpetrators must be shown to have had the dolus specialis , or specific intent , to destroy a particular national, ethnic, racial, or religious ...
Judges normally do not define intention for juries, and the weight of authority is to give it its current meaning in everyday language as directed by the House of Lords in R v Moloney, [1] where can be found references to a number of definitions of intention using subjective and objective tests, and knowledge of consequences of actions or omissions.
A specific intent crime requires the doing of an act coupled with specific intent or objective. Specific intent cannot be inferred from the act. The major specific intent crimes are: conspiracy (intent to have crime completed), attempt (intent to complete a crime – whether specific or not, but falling short in completing the crime ...
Intent is the essence of attempt. Only a direct and specific intent will support a conviction. Recklessness is not a sufficient mens rea. That means that the defendant must have decided to bring about, so far as lay within their powers, the commission of the full offense.
Absent a specific law, an inchoate offense requires that the defendant have the specific intent to commit the underlying crime. For example, for a defendant to be guilty of the inchoate crime of solicitation of murder, he or she must have intended for a person to die. [citation needed] Attempt, [3] conspiracy, [4] and solicitation [5] all ...