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In medical cases the doctrine of double effect can be used as a defence. As was established by Judge Devlin in the 1957 trial of Dr John Bodkin Adams, causing death through the administration of lethal drugs to a patient, if the intention is solely to alleviate pain, is not considered murder even if death is a potential or even likely outcome.
The issue of this case was whether the statute's phrase "with the intent to cause death or serious bodily harm" applies to a defendant's unconditional intent or conditional intent. The Court found that although the construction of the phrase suggests that Congress meant to provide "a federal penalty for only those carjackings in which the ...
R v Nedrick [1986] EWCA Crim 2 is an English criminal law case dealing with mens rea in murder. The case is a cornerstone as it sets down the "virtual certainty test". It applies wherever a form of indirect (oblique) intention is apparent and the charge is one of murder, or other very specific intent.
If evidence of intent is found, the agreement gives rise to legal obligations whereby any party in breach may be sued. In English law, there are two judicial devices to help a court to decide whether there is intent: the earlier objective test, and the later rebuttable presumption. Both tests are used together in combination.
Tennessee v. Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the ...
R v Hancock [1985] UKHL 9 is an English legal decision of the highest court setting out the relationship between foresight of consequences and intention in cases of murder. It refers to the case of the killing of David Wilkie. The defendants' stated intention had been to frighten a person, but another was killed.
In a legislative session devoted mostly to tax policy, Louisiana lawmakers are taking steps to empower themselves to set up new state courts outside of the traditional judicial system.
Mutual Life Insurance Co. of New York v. Hillmon, 145 U.S. 285 (1892), is a landmark U.S. Supreme Court case that created one of the most important rules of evidence in American and British courtrooms: an exception to the hearsay rule for statements regarding the intentions of the declarant. [1]