Learn about the transferred intent doctrine. Identify what transferred intent is and learn transferred intent examples, such as the case of Talmage...
Transferred intentTransferred maliceResulting harmProximate causeThe doctrine of transferred intent (or transferred "malice" in England) generally provides that if A attempts to harm B but, because of bad aim, misses and accidentally causes the same harm to befall C, A's harmful intent vis-脿-...
If such criminal intent towards the mother is proved, then the defendant also will be held responsible for the harm done to the unborn baby, under the doctrine of "transferred intent." As the House Judiciary Committee explained in its official report on the bill, transferred intent is a well...
The Significance of Transferred Intent The doctrine of transferred intent (or transferred "malice" in England) generally provides that if A attempts to harm B but, because of bad aim, misses and... Westen,Peter - 《Criminal Law & Philosophy》 被引量: 3发表: 2013年 ...
Contributory NegligenceComparative NegligenceThe transferred-intent doctrine is a fiction that is no longer needed by American tort law, because of the replacement of contributory negligence with comparatiJohnson, Vincent RSocial Science Electronic Publishing...
Transferred intent is a doctrine common to both tort and criminal law, but it is a fiction-tolerated without enthusiasm.'In torts the doctrine has lost favor, being replaced by the rule expressed by Car-dozo, CJ, in the well-known case of Palsgraf v. Long Island RR 2 InWilfred J. ...
The Significance of Transferred IntentintentThe doctrine of transferred intent (or "transferred malice" in England) typically provides that if A attempts to harm B but, because of bad aim, misses and acciSocial Science Electronic Publishing
Transferred malice, or transferred intent, is the criminal doctrine that states that if D tries to kill A, and accidentally kills B, the intent to kill transfers from A to B, and so D is guilty of murdering B. This is widely viewed as a useful legal fiction. One of the finest ...
By reference to a cross-section of academic sources as well as case law from a number of common law jurisdictions, three core elements of transferred malice are identified: the intent of the defendant, the consequence that befalls the unintended victim, and public intuitions with regard to ...
The Purpose Driven Rule: Drew Peterson, Giles v. California, and the Transferred Intent Doctrine of Forfeiture by Wrongdoingforfeiture by wrongdoingtransferred intentOn September 6, 2012, a jury convicted Drew Peterson of the murder of his third wife, Kathleen Savio. Media accounts of the verdict ...