Common Law Essay

974 Words Jun 10th, 2013 4 Pages
Running Head: INTENT AND THE CODE 1

Different Intents and the Model Penal Code Difference From Common Law

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Abstract
Although there are definitions established within Criminal Culpability, mainly intent, there continues to be discussion over the intended meanings. Specific intent, general intent, transferred intent and strict liability are frequently referenced in the determination of criminal offenses but continue to provide a level of confusion to the law professionals. The intent determines the mindset of the person accused of the crime and provides guidance to the process in which they are punished. These intents are part of the mens rea for the
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In order to appropriately evaluate the differences there will need to be evidence through statements or the collection of evidence. Once the facts are properly reviewed then the nature of the intent can be applied. The distinction of “general” and “specific” is frequently used with no particular explanation and causes difficulty in multiple element crimes. (Roth, 2013) The necessity of transferred intent is designed to provide accountability for those that cause the uninvolved to become involved. Through this unintended relationship a suspect becomes responsible for the “consequence of his or her
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action” (Garland, 2012) regardless of the focus of their crime. Applying specific or general intent in these situations will not meet the expectation needed for an effective case. This allows flexibility to handle behavior that society has deemed inappropriate. Strict liability takes transferred intent to an additional level of responsibility. It allows those that should reasonably know or those that refuse to acknowledge the result of a particular action be held accountable. This provides an additional extension of the law to handle the situations where they are obviously out of the societal norm but no specific, general or transferred intent can be applied. Specific and general appear to be closely related and work between the two

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