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Intention or intent is a key aspect in criminal law. It refers to the state of mind of the perpetrator, specifically to their plan to commit a crime . [ 88 ] As such, it belongs to the mental element of the crime, known as mens rea , and not to the physical element, actus reus .
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 letter of intent (LOI or LoI, or Letter of Intent) is a document outlining the understanding between two or more parties which they intend to formalize in a legally binding agreement. The concept is similar to a heads of agreement , term sheet or memorandum of understanding .
Intent is defined in English law by the ruling in R v Mohan [1976] QB 1 as "the decision to bring about a prohibited consequence" (malum prohibitum). [1] [2] [3]A range of words represents shades of intent in criminal laws around the world.
The letter of the law and the spirit of the law are two possible ways to regard rules or laws.To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law is to follow the intention of why the law was enforced.
However, most philosophers use "intentionality" to mean something with no teleological import. Thus, a thought of a chair can be about a chair without any implication of an intention or even a belief relating to the chair. For philosophers of language, what is meant by intentionality is largely an issue of how symbols can have meaning.
The common law gives intention "its normal meaning: purpose or aim", with judges advised not to, in the majority of cases, attempt to complicate the definition. [8] Conditional intent – where somebody has an intent to commit a crime only in certain circumstances – has also been deemed acceptable for an indictment for attempting a crime. [9]
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.