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  2. Transferred intent - Wikipedia

    en.wikipedia.org/wiki/Transferred_intent

    The House of Lords in Attorney General's Reference No 3 of 1994 [5] reversed the Court of Appeal decision (reported at (1996) 2 WLR 412), holding that the doctrine of transferred malice could not apply to convict an accused of murder when the defendant had stabbed a pregnant woman in the face, back and abdomen. Some days after she was released ...

  3. Malice (law) - Wikipedia

    en.wikipedia.org/wiki/Malice_(law)

    Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. [1] Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case. In many kinds of cases, malice must be found to exist in order to ...

  4. Intention (criminal law) - Wikipedia

    en.wikipedia.org/wiki/Intention_(criminal_law)

    The intent for the felony is transferred to the killing in this type of situation. [citation needed] The language of "malice" is mostly abandoned and intent element of a crime, such as intent to kill, may exist without a malicious motive, or even with a benevolent motive, such as in the case of euthanasia. [4]

  5. California Courts of Appeal - Wikipedia

    en.wikipedia.org/wiki/California_Courts_of_Appeal

    The California Constitution originally made the Supreme Court the only appellate court for the whole state. As the state's population skyrocketed during the 19th century, the Supreme Court was expanded from three to seven justices, and then the Court began hearing the majority of appeals in three-justice panels.

  6. Malice aforethought - Wikipedia

    en.wikipedia.org/wiki/Malice_aforethought

    Malice aforethought was the mens rea element of murder in 19th-century America, [12] [13] and remains as a relic in those states with a separate first-degree murder charge. As of 1891, Texas courts were overwhelmed with discussing whether "malice" needs to be expressed or implied in the judge's jury instructions. [14]

  7. Malicious prosecution - Wikipedia

    en.wikipedia.org/wiki/Malicious_prosecution

    Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.

  8. List of punishments for murder in the United States - Wikipedia

    en.wikipedia.org/wiki/List_of_punishments_for...

    In 2005, the United States Supreme Court held that offenders under the age of 18 at the time of the murder were exempt from the death penalty under Roper v. Simmons. In 2012, the United States Supreme Court held in Miller v. Alabama that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders.

  9. California superior courts - Wikipedia

    en.wikipedia.org/wiki/California_Superior_Courts

    Many of California's larger superior courts have specialized divisions for different types of cases like criminal, civil, traffic, small claims, probate, family, juvenile, and complex litigation, but these divisions are simply administrative assignments that can be rearranged at the discretion of each superior court's presiding judge in ...

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