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Transferred intent (or transferred mens rea, or transferred malice, in English law) is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible.
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code. [1] The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country. [2]
A massive fire that has left the Interstate 10 highway in Los Angeles closed indefinitely was “set intentionally”, the Governor of California has said.. Gavin Newsom told a press conference on ...
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 ...
Most jurisdictions in the United States of America maintain the felony murder rule. [1] In essence, the felony murder rule states that when an offender kills (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
Felony murder can also be prosecuted for felonies not in this list, provided the felony is “inherently dangerous”. Whether a felony is inherently dangerous or not is done on a case-by-case basis and is found by the jury. Felonies that are inherently dangerous but not included in the above list are punished under PC 187, second degree murder.
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]
Murder, as defined in common law countries, is the unlawful killing of another human being with intent (or malice aforethought), and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter). As the loss of a human being inflicts an enormous amount of grief for individuals close to the victim ...