TRANSFERRED INTENT Meaning and
Definition
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Transferred intent is a legal concept that refers to the situation where a person intends to cause harm to one individual but ends up causing harm to another instead. In such cases, the individual's criminal intent is deemed to have been transferred from the intended target to the actual victim. This concept is commonly applied in cases of assault, murder, and other criminal offenses.
When transferred intent applies, it means that the law treats the offender as if they had the same intent towards the unintended victim as they did towards the intended victim. This is because the intention to cause harm still exists, even if the specific target changes. In legal terms, transferred intent essentially extends the criminal liability of the offender to include the harm caused to the unintended victim.
Transferred intent typically arises in scenarios where the offender's actions are reckless or intentionally harmful, and the resulting harm extends beyond the intended target. For example, if someone fires a gun at person A with the intention of harming them, but ends up hitting person B instead, their intent is considered to have been transferred to person B.
Overall, the concept of transferred intent plays a crucial role in criminal law, ensuring that individuals who cause harm, even though it was not intended for a specific person, can still be held accountable for their actions.
Etymology of TRANSFERRED INTENT
The term "transferred intent" is a legal concept in English common law, particularly in criminal law, and its etymology can be understood by breaking down the individual words.
1. Transferred: This word comes from the Latin word "transferre", which is formed by combining "trans" (meaning "across") and "ferre" (meaning "to carry"). It implies the act of moving or carrying something from one place or person to another.
2. Intent: The word "intent" comes from the Latin word "intendere", which is formed by combining "in" (meaning "towards" or "into") and "tendere" (meaning "to stretch" or "to aim"). It refers to a person's purpose, objective, or state of mind when performing an action.
