Accidentally Killing on Purpose: Transferred Malice and Missing Victims

Abstract Transferred malice, or transferred intent, is the criminal doctrine that states if D tries to kill A, and accidentally kills B, intent transfers from A so guilty of murdering B. This widely viewed as a useful legal fiction. One finest essays on this topic was written by our honorand, Douglas N. Husak. Husak views both potential usefulness of, his preferred alternative to, malice through lens sentencing – how much hard treatment offender will receive. In essay, I take step back ask in what ways might be useful. find its not restricted sentencing, but thinking about other which it actually brings drawbacks into focus particular, argue, mislabels crimes committed, does way erases one victims moral description crime.