Recycled Malice
Published version
Peer-reviewed
Repository URI
Repository DOI
Change log
Authors
Stark, Findlay https://orcid.org/0000-0001-9589-9845
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
1469-2139
Volume Title
Publisher
Cambridge University Press