Minnesota Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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FAQ
First-degree murder constitutes the killing of an individual under one of the following circumstances. The factors in bold are factors that warrant a sentence of life imprisonment without parole. Without one of the circumstances in bold, the standard sentence for first-degree murder is life-with-parole after 30 years.
In Minnesota, the following acts constitute First Degree Murder. Causing the death of a human being with intent and with premeditation. Causing the death of a human being while committing or attempting to commit First or Second Degree Criminal Sexual Conduct with force or violence.
What's Prohibited? Minnesota law prohibits intentional and unintentional killings under most circumstances. Those killings prohibited as second-degree murder include: Killing a human intentionally, but without premeditation (not thinking about or preparing for before)
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.