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Recycled Malice

Published version
Peer-reviewed

Repository DOI


Type

Article

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Abstract

The criminal law doctrine of “transferred malice” has been much discussed. What has gone comparatively unnoticed is the phenomenon of “recycled malice”. For example, those who endorse transferred malice would hold that, if D tries to shoot V, and the shot misses and hits T, D’s intention to hit V is “transferred” to T, and a completed offence against T is constructed. But many legal systems that endorse transferred malice also allow D to be convicted of an attempted offence against V. In other words, D’s intention to hit V can apparently be used multiple times. Once this phenomenon is noticed, a question arises over its justification and limits. This article argues that no convincing justification for recycling mens rea exists.

Description

Keywords

4804 Law In Context, 48 Law and Legal Studies, 16 Peace, Justice and Strong Institutions

Journal Title

Cambridge Law Journal

Conference Name

Journal ISSN

0008-1973
1469-2139

Volume Title

Publisher

Cambridge University Press

Version History

Now showing 1 - 2 of 2
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2*
2023-12-06 14:47:13
Published version added
2023-09-12 23:30:12
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