Nebraska Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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FAQ
Crimes that require specific intent usually fall into one of three categories: either the defendant intends to cause a certain bad result, the defendant intends to do something more than commit the criminal act, or the defendant acts with knowledge that his or her conduct is illegal, which is called scienter.
A person commits murder in the first degree if he or she kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery, kidnapping, hijacking of any public or private means of transportation, ...
Transferred intent applies only to five intentional injury causes of action: assault and battery, false imprisonment, trespass to land, and trespass to chattel.
Murder in the first degree is a Class IA felony in Nebraska, conviction of which will result in a sentence of life in prison. Murder in the second degree is a killing but without the premeditation found in first degree murder.
Although the exact state laws defining first-degree murder vary by state, most state penal codes require that a prosecutor establish willfulness, deliberation, and premeditation in order to convict a defendant of first-degree murder. Willfulness requires that the defendant acted with the intent to kill another person.
Model Penal Code (MPC) is a penal code, or set of laws regarding crimes and their respective punishments, that is used in the United States. It was initially published in 1962, by the American Legal Institute. The MPC serves as a set of guidelines for defining criminal acts and their respective punishments.
The transferred-intent doctrine has been in existence since the sixteenth century. Although there is "no canonical statement" of the rule, it can be generally described as imposing liability on an actor who intends to kill or injure one person, but accidentally kills or injures a different, unintended victim.
Transferred intent (or transferred mens rea, or transferred malice, in English law) is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible.
A premeditated intent to kill requires that the defendant had intent to kill and some willful deliberation (the defendant spent some time to reflect, deliberate, reason, or weigh their decision) to kill, rather than killing on a sudden impulse. Prior planning and deliberation are often closely intertwined.