Chapter

Transferred Intent

Douglas Husak

in The Philosophy of Criminal Law

Published in print March 2010 | ISBN: 9780199585038
Published online May 2010 | e-ISBN: 9780191723476 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199585038.003.0005
 							Transferred Intent

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If A tries to kill B but kills C instead, A is guilty of murder by the doctrine of transferred intent. This chapter attempts to identify a principled rationale for this doctrine, and to apply this rationale to cases that deviate from the above paradigm in a variety of interesting respects. It suggests that sometimes it might be fair and just to sentence people for a crime even though their conduct did not satisfy each of its material elements.

Keywords: intention; mens rea; guilt; liability; sentencing; punishment

Chapter.  14829 words. 

Subjects: Jurisprudence and Philosophy of Law

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