Maryland Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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FAQ
The difference between first degree and second degree murder is that second degree lacks premeditation. This occurs, for example, when an individual kills someone in the heat of an argument. They intended to kill or cause serious bodily harm at that moment, but they had not planned to do so ahead of time.
Of the crimes in the murder spectrum, first degree murder charges are the most serious one. Second-degree murder is less serious than the crime in the first degree but more serious than homicide in the third degree.
If a person is guilty of murder in the first degree, the guilty party faces a felony conviction and the penalties of life in prison without possibility of parole, or life in prison.
In relevant part, the Court of Appeal rejected defendants' argument that a transferred intent instruction only applies when the prosecution elects to charge the defendant with first degree murder of the unintended victim, and not also with attempted murder of the intended victim.
That the doctrine of ?transferred intent? is the law of Maryland and that the mens rea of a defendant as to his intended victim will carry over and affix his culpability when such criminal conduct causes the death of an unintended victim.
What is First-Degree Murder? Intentionally causing the death of someone or intentionally inflicting bodily harm that you know is likely to cause death and you are not acting in self-defence Using a reasonable amount of force to protect yourself or the defence of another as defined by s.
But the felony murder rule, which Maryland and most other states have adopted, allows the prosecutor to prove only that the defendant intended to be involved in another felony, such as robbery or arson and that involvement is regarded as supplying the ?intent? for a murder conviction.
The felony-murder rule may be conceptualized as a theory of "transferred or constructive intent. '42 This theory posits that the intent to commit the felony is "transferred" to the act of killing in order to find culpability for the homicide.