essay of intent in criminal law

Criminal Intent

Definition of criminal intent, what is criminal intent, types of criminal intent, criminal intent example, recklessness, malice aforethought, specific intent, criminal intent example in conversion case, related legal terms and issues.

• < Criminal Law
• < Proof of Elements

General Principles

An unlawful act cannot attract criminal liability without a sufficient level of awareness of the wrongfulness of the act. In legal terms, the accused must have sufficient mens rea to be guilty of a crime. This manifests itself by either an intent on the part of the accused to choose to act in the unlawfulness or a knowledge of the circumstances under which they act to be held responsible for the offence.

However, it must be kept in mind that the latin maxim cogitationis poenam nemo patitur ("no one suffers punishment for mere intent") sets the principle that we do not seek to punish people for their thoughts. So the awareness by itself cannot sustain a conviction without action.

It is not uncommon that Parliament does not define the necessary mens rea for an offence. However, in all cases Parliament "d[oes] not intend to punish the unblameworthy." [1] Where the text is silent the presumption is that courts must "read in the words most appropriate to require mens rea". For subjective intent, this will generally mean "knowledge, recklessness, or wilful blindness." [2]

• ↑ R v McSween , 2020 ONCA 343 (CanLII) , per Trotter JA , at para 87
• ↑ McSween , ibid. , at para 87 Sweet v Parsley , [1969] 1 All. E.R. 347 (HL UK) (UK) at p. 349

Intention and Motive

"Intent" refers to the mental state of the individual consisting of the desire or purpose to achieve a particular consequence, or where the consequences the person sees as certain, "substantially", or "practically" certain. [1]

There is a presumption that Parliament drafts an offence expecting to require a subjective fault element. [2]

The use of a phrase such as "for the purpose of" found in the Code will sometimes refer to the "desire" or "ultimate objective or goal" of the prohibited act. [3]

The "purpose" of an action is not necessarily the same as "motive". The "purpose" means the "object to be obtained, thing intended". The "motive" is "what induces a person to act." [4]

Intent and motive are conceptually distinct. [5] In its efforts to secure peace and order, society has little interest in the accused's motive behind the intended act. [6]

Motive is not an essential element but may be relevant and material. For example, it may be used to establish identity or state of mind of the culprit. [7] Motive is a form of prospectant evidence. The logic goes that because a person had motive to do X, the person is more likely to have done X. [8] Motive may be proven by words or actions. Those actions may often amount to similar fact evidence. [9]

The motive of a witness may be used as a subject of cross-examination to show bias, interest or corruption. [10] A denial of motive opens the witness up to impeachment by other evidence as an exception to the collateral fact rule. [11]

There is a difference in law between an absence of evidence establishing motive and a proven absence of motive. [12]

To establish an animus between the accused and victim, it is not sufficient to simply identify some past conflict and then argue for an inference of animus. [13] Such evidence simply brings bad character evidence with little value. [14] This would include vague evidence of "financial distress." [15]

The court should have got "into a habit of admitting evidence which, reasonably viewed, cannot tend to prove motive or explain the acts charged merely because it discloses some incident in the history of the relations of the parties." [16]

By contrast, evidence that provides "real insight" into the "background and relationship" between the accused and victim, is highly probative and can be used to establish motive. [17]

• ↑ R v W(A) , 2012 ONCJ 472 (CanLII) , per Blacklock J includes a very detailed consideration of the history of intent
• ↑ R v Tatton , 2014 ONCA 273 (CanLII) , 10 CR (7th) 108, per Pardu JA (2:1), at para 18 - appealed at 2015 SCC 33 R v ADH , 2013 SCC 28 (CanLII) , [2013] 2 SCR 269, per Cromwell J , at para 23
• ↑ R v Berhe , 2011 ONSC 6815 (CanLII) , OJ No 5142, per Code J , at para 32
• ↑ R v Darnley , 2020 ONCA 179 (CanLII) , 387 CCC (3d) 200, per Paciocco JA , at para 46
• ↑ R v McSween , 2020 ONCA 343 (CanLII) , per Trotter JA , at para 85 Lewis v The Queen , 1979 CanLII 19 (SCC) , [1979] 2 S.C.R. 821, per Dickson J at p. 831
• ↑ Dynar v United States , 1997 CanLII 359 (SCC) , [1997] 2 SCR 462, per Cory and Iacobucci JJ at para 81 ("It does not matter to society, in its efforts to secure social peace and order, what an accused's motive was, but only what the accused intended to do. It is no consolation to one whose car has been stolen that the thief stole the car intending to sell it to purchase food for a food bank.") R v Hamilton , 2005 SCC 47 , [2005] 2 S.C.R. 432, per Fish J , at paras 38 to 45
• ↑ R v McDonald , 2017 ONCA 568 (CanLII) , 351 CCC (3d) 486, per Watt JA , at para 70
• ↑ McDonald , ibid. , at para 72
• ↑ McDonald , ibid. , at para 73
• ↑ R v Megill , 2021 ONCA 253 (CanLII) , per Watt JA , at para 109
• ↑ Megill , ibid. at para 109
• ↑ R v Ali , 2021 ONCA 362 (CanLII) , 156 OR (3d) 81, per Doherty JA , at para 121 ("There is a well recognized difference between the absence of evidence of motive and a proved absence of motive") R v Lewis , 1979 CanLII 19 (SCC) , [1979] 2 SCR 821, per Dickson J (9:0), at para 38 R v Barton , 2019 SCC 33 (CanLII) , [2019] 2 SCR 579, per Moldaver J , at paras 133 to 36 R v White , 1996 CanLII 3013 (ON CA) , 108 CCC (3d) 1, 29 OR (3d) 577, per curiam , at para 101 , aff’d 1998 CanLII 789 (SCC), [1998] 2 S.C.R. 72, at para. 59
• ↑ R v Johnson , 2010 ONCA 646 (CanLII) , 262 CCC (3d) 404, per Rouleau JA , at para 99
• ↑ Johnson , ibid. , at para 100
• ↑ e.g. see R v Ali , 2021 ONCA 362 (CanLII) , 156 OR (3d) 81, per Doherty JA , at para 120
• ↑ R v Barbour , 1938 CanLII 29 (SCC) , [1938] SCR 465, at p. 469 ( complete citation pending )
• ↑ Johnson , supra at para 101 R v Moo , 2009 ONCA 645 (CanLII) , 247 CCC (3d) 34, per Watt JA , at paras 70 to 109

Specific and General Intent

A crime is only committed where the prohibited act or omission is committed while the accused is in possession of requisite intent. [1]

Criminal law recognizes a distinction between offences that require specific and general intent as an essential element of proof. The difference concerns whether the intent applies "to the acts considered in relation to their purposes" (specific intent) or applies "to acts considered apart from their purpose" (general intent). General intent requires only intent as it "relates solely to the performance of the act in question", while specific intent involves "the performance of the actus reus, coupled with an intent or purpose going beyond the mere performance of the questioned act." [2]

When considering general intent offences, the consideration is on the "intention as applied to acts considered apart from their purposes". It considers only the intent to the "commission of an act." [3] Phrased differently, it is the intention that is "applied to acts done to achieve an immediate end." [4] At this level, "intention" is distinguished from acts that are accidental or by honest mistake. [5]

General intent actions include those that are purely physical acts produced by "momentary passion." [6]

One consequence of the separation of general from specific intent is that self-induced intoxication short of automatism is not an available defence for general intent offences. [7]

General intent, at it's lowest, only requires "a conscious doing of the prohibited act." [8]

Specific intent is sometimes referred to as "ulterior intent." [9] "Ulterior intent" is described as the "state of mind contemplating consequences beyond those defined in the actus reus." [10]

Specific intent actions are said to be a "product of preconception" and are "deliberate steps ... towards an illegal goal." [11]

Proof of specific intent requires a "state of mind contemplating consequences beyond those defined in the actus reus." [12] There is said to be a "focus on an objective further to the immediate one at hand." [13]

The question of intent for a particular offence is a matter of statutory interpretation. It should not be overly influenced by the facts of the particular case. [14]

A helpful guide is to look at previous jurisprudence. [15]

In can be difficult to identify when an offence requires specific or general intent. Considerations can include the connection actus reus and mens rea; social policy; and severity of penalty. [16]

There are two broad factors to consider: [17]

• the "nature of the mental element and its relative importance" and
• the "social policy sought to be attained by criminalizing the particular conduct"

Where specific intent could "unreasonably hamper" the enforcement of the process, public interest would lead to a general intent standard. [18]

Some judges have been critical, observing that there is some acceptance that the distinction may not always be "logically defensible" and may produce "illogical results." [19]

The "importance" of the mental element refers to the "sophistication" or "complexity" of the "thought and reasoning processes" that constitute the offence. [20]

General intent offences do not require an intent to bring about "certain consequences that are external to the actus reus." [21] They require "very little mental acuity." [22] They do not require "actual knowledge" of the circumstances or consequences to the extent that the knowledge is a product of "complex" thought and reasoning. [23] This standard is to be read as equivalent to being "minimal intent" and require "minimal degree of consciousness." [24]

Specific intent offences have a "heightened mental element." [25] This heightened mental element will manifest as an additional requirement such as: [26]

• an intention to commit the prohibited act while having an "ulterior purpose in mind." [27]
• an intention to produce a result. [28]
• knowledge of the circumstances or consequence of the act. [29]

Social policy should only be considered where examination of the nature of the mental element does not yield an answer. [30] The consideration would include analysis of whether defences that negate a heightened mental element would potentially endorse or promote harmful activities. [31] Also, there should be consideration of how often such defences may arise, whether "habitual", "prevalent" or "rare". e.g. Tatton (ONCA) , supra , at paras 42 to 44 </ref>

The judge may also consider the available sentencing options, including whether there is a mandatory minimum penalty or wide discretion for lesser sentencing options. [32]

Absent words to the contrary in the Code, the presumption is that the offence is one of general intent, whereby the accused must have intended the act or omission. [33]

Most crimes where no mental element is mentioned in the definition of the offence will require proof of intent to or recklessness in bringing out the resulting offence. [34]

Offences with the wording of "wilfully" suggests that the mens rea is extended to a "specific intent". [35]

It has been pointed out that the distinction between general and specific intent is "not particularly helpful in describing the actual mental elements required for a crime”. The can however convey "the complexity of thought and reasoning" and the "social policy underlying the offence.” [36]

The presence of the word "wilfully" in an provision for an Criminal Code offence "generally signals a subjective mens rea requirement, but the appropriate meaning of the term 'wilfully' will depend on the context in which it is found." [37] In context of a probation order, "wilful" denotes "a legislative concern for a relatively high level of mens rea" that requires a intent to breach and have a purpose in doing so. [38]

Traditionally, words and phrases such as "with intent to", "for a fraudulent purpose", "corruptly", "wilfully" and "knowingly" are signs of a legislative intent to impose a specific intent standard. [39]

• ↑ R v Daviault , 1994 CanLII 61 (SCC) , [1994] 3 SCR 63, per Cory J ("...as early as the twelfth century, in large part through the influence of the canon law, it was established that there must also be a mental element combined with the prohibited act to constitute a crime. That is to say that the accused must have meant or intended to commit the prohibited act.")
• ↑ R v Bernard , 1988 CanLII 22 (SCC) , [1988] 2 SCR 833, at para 61 R v George , 1960 CanLII 45 (SCC) , [1960] SCR 871, at p. 877 Daviault
• ↑ R v The Queen v George , 1960 CanLII 45 (SCC) , [1960] SCR 871, per Fauteux J at p 877 (SCR) ("In considering the question of mens rea, a distinction is to be made between (i) intention as applied to acts considered in relation to their purposes and (ii) intention as applied to acts considered apart from their purposes. A general intent attending the commission of an act is, in some cases, the only intent required to constitute the crime ... .")
• ↑ George , ibid. at p. 890 (SCR)
• ↑ George , ibid. at p. 890 (SCR) ("The former acts may be the purely physical products of momentary passion, whereas the latter involve the mental process of formulating a specific intent")
• ↑ R v Tatton , 2015 SCC 33 (CanLII) ( working hyperlinks pending ), per Moldaver J , at para 20 see also R v Daviault , 1994 CanLII 61 (SCC) ( working hyperlinks pending ), at p. 123 R v Bernard , 1988 CanLII 22 (SCC) , [1988] 2 SCR 833, per McIntyre J , at pp. 865 and 878-80
• ↑ R v Daley , 2007 SCC 53 (CanLII) , [2007] 3 SCR 523, per Bastarache J , at para 35 Daviault , supra at p. 123 (It requires "the minimal intent to do the act which constitutes the actus reus") Tatton , supra , at para 27
• ↑ Daviault , supra at p. 123 to 124
• ↑ R v B(SJ) , 2002 ABCA 143 (CanLII) , 66 CCC (3d) 537, per Berger JA , at para 63 see D.P.P. v Majewski , [1976] 2 All E.R. 142 (UK)
• ↑ George , supra at p 890 (SCR)
• ↑ Majewski , supra R v SJB , 2002 ABCA 143 (CanLII) , 166 CCC (3d) 537, per Berger JA (2:1) at par 56
• ↑ Daley , supra at para 35 ("Specific intent offences require the mind to focus on an objective further to the immediate one at hand")
• ↑ Tatton , supra , at para 30
• ↑ Tatton , supra , at para 32
• ↑ William A Webber, Answering the Burning Question: The Case for Arson as a Specific Intent Offence, 2014 26th Annual Criminal Law Conference 6I, 2014 CanLIIDocs 33364 at p 6 to 7
• ↑ Daviault , supra at p. 122 Tatton , supra , at paras 26 and 33
• ↑ R v Chase , 1987 CanLII 23 (SCC) , [1987] 2 SCR 293 at p 303 (SCR)
• ↑ R v Tatton , 2014 ONCA 273 (CanLII) , 10 CR (7th) 108, per Pardu JA (2:1), at para 34 - appealed at 2015 SCC 33 Bernard , supra , at pp. 879 to 880 [SCR] SJB , supra (2:1)
• ↑ Tatton (ONCA) , supra , at para 34
• ↑ Tatton (ONCA) , supra , at para 35 Bernard , supra at p. 863 George , supra at p. 877
• ↑ Tatton (ONCA) , supra , at para 39
• ↑ Tatton (ONCA) , supra , at para 35
• ↑ Tatton (ONCA) , supra , at para 36
• ↑ Tatton (ONCA) , supra , at para 37
• ↑ Tatton (ONCA) , supra , at para 38 ("a heightened mental element could take the form of a requirement that the accused intend and bring about certain consequences, if the formation of that intent involves more complex thought and reasoning processes.")
• ↑ Tatton (ONCA) , supra , at para 38 ("a heightened mental element could take the form of a requirement that the accused have actual knowledge of certain circumstances or consequences, where the knowledge is the product of more complex thought and reasoning processes")
• ↑ Tatton (ONCA) , supra , at paras 41 and 42
• ↑ e.g. Tatton (ONCA) , supra , at para 42
• ↑ Tatton (ONCA) , supra , at para 45
• ↑ Daviault e.g. R v Greenshields , 2014 ONCJ 35 (CanLII) , per Duncan J , at paras 10 to 18 R v MacDonald , 2014 SCC 3 (CanLII) , [2014] 1 SCR 37, per LeBel J
• ↑ R v Buzzanga and Durocher , 1979 CanLII 1927 (ON CA) , 25 OR (2d) 705, 101 DLR (3d) 488, per Martin JA , at p. 717
• ↑ The Queen v Rees , 1956 CanLII 60 (SCC) , [1956] SCR 640
• ↑ R v Tatton , 2015 SCC 33 (CanLII) , [2015] 2 SCR 574, per Moldaver J , at para 21
• ↑ R v ADH , 2011 SKCA 6 (CanLII) , [2011] S.J. No 5 (CA), per Ottenbreit JA (3:0), at para 27
• ↑ R v Docherty , 1989 CanLII 45 (SCC) , [1989] 2 SCR 941, per Wilson J (7:0), at para 13
• ↑ Leary v The Queen , 1977 CanLII 2 (SCC) , [1978] 1 SCR 29, per Dickson J (in dissent on other issue) at 40 to 41

Intent is often proven by way of inference, including by use of circumstantial evidence , character evidence (e.g. motive or animosity), [1] post-offence conduct , statements made by the accused , or similar fact evidence .

Inferences are factual findings based on common sense. [2]

There is the long-standing inference that a person intends the natural consequences of one’s actions applies to many situations. [3] However, this principle is merely an inference and does not go as far as being a legal presumption. [4]

The inference will be made in most any circumstances except where there may be evidence to the contrary. Doubt may be raised as to the specific intent of the person where they suffer from mental illness or where intoxicated. [5]

Generally speaking, the inference requires the assumption that the accused has the capacity to form intent. [6]

Where circumstantial evidence is used to prove intent, there are three classes of circumstantial evidence: [7]

• prospectant (acts or omissions prior to offence);
• concomitant (acts or omissions at the time of offence); and/or
• retrospectant (after the fact acts or omissions).
• ↑ see R v Barbour , 1938 CanLII 29 (SCC) , [1938] SCR 465, per Duff CJ R v Cloutier , 1979 CanLII 25 (SCC) , [1979] 2 SCR 709, per Pratte J R v Lewis , 1979 CanLII 19 (SCC) , [1979] 2 SCR 821, per Dickson J (9:0)
• ↑ see R v Daley , 2007 SCC 53 (CanLII) , [2007] 3 SCR 523, per Bastarache J (5:4), at paras 103 and 104 R v EB , 2011 ONCA 194 (CanLII) , [2006] OJ No 1864, per curiam , at para 66 (context of murder)
• ↑ R v Missions , 2005 NSCA 82 (CanLII) , 196 CCC (3d) 253, per Rosecoe JA (3:0), at para 21 R v Bergeron , 2015 BCCA 177 (CanLII) , 322 CCC (3d) 544, per Tysoe JA (3:0), at paras 21 to 22 ("It is well established that a trier of fact is entitled to draw the common sense inference that a sane and sober person intends the natural and probable consequences of their actions.") R v Starratt , 1971 CanLII 541 (ON CA) , 5 CCC (2d) 32 (ONCA), per Gale CJ , at para 3 See R v Giannotti , 1956 CanLII 160 (ON CA) , 115 CCC 203, per Roach JA R v Hilson , 1958 CanLII 134 (ON CA) , 121 CCC 139, per Porter CJ R v Berger , 1975 CanLII 1250 (BCCA) , 27 CCC (2d) 357 (BCCA), per McIntyre JA and Robertson JA , leave to appeal to SCC refused [1975] SCR vii R v Borque , 1969 CanLII 981 (BCCA) , [1969] 4 CCC 358, 7 CRNS 189 (BCCA), per Branca JA R v Theroux , 1993 CanLII 134 (SCC) , [1993] 2 SCR 5, per McLachlin J at 458 R v Gill , 2012 ONCJ 326 (Ont. C.J.) (*no CanLII links) , per Ready J
• ↑ R v Spence , 2017 ONCA 619 (CanLII) , 353 CCC (3d) 446, per Trotter JA , at paras 44 to 46
• ↑ R v Robinson , 2010 BCSC 368 (CanLII) , per Joyce J , at para 107 cited in R v Damin , 2011 BCSC 723 (CanLII) , per Josephson J , at para 33 R v McConnell , 2012 ABQB 263 (CanLII) , 538 AR 249, per Crighton J R v Seymour , 1996 CanLII 201 (SCC) , [1996] 2 SCR 252, per Cory J
• ↑ See R v Bird , 1973 CanLII 1450 (SK CA) , 13 CCC (2d) 73, per Culliton CJ
• ↑ R v Radita , 2017 ABQB 128 (CanLII) , per Horner J , at para 160 R v Bottineau , 2006 CarswellOnt 8510 (ONSC) (*no CanLII links) , per Watt J , at para 62

Intending the Consequences of an Act

It has long been established that "a person who foresees that a consequence is certain or substantially certain to result from an act which he does in order to achieve some other purpose, intends that consequence." [1] This is an inference, not a presumption. [2] Its purpose is to determine intent in fact, and not to affix an intent based on reasonableness. [3]

Thus, the purpose of the accused's action does not have to be to achieve the consequences in order to "intend" those consequences. [4] The accused may very well not desire the consequences but still "intend" them where "he foresees that the consequence is certain or substantially certain to result from his conduct" [5]

An "ulterior motive" does not need to be directly related to the consequences. [6]

• ↑ R v Buzzanga and Durocher , 1979 CanLII 1927 (ON CA) , 49 CCC (2d) 369, per Martin JA , at p. 383-4 [CCC] R v MacKinlay , 1986 CanLII 111 (ON CA) , 28 CCC (3d) 306, per Martin JA
• ↑ e.g. R v Farrant , 1983 CanLII 118 (SCC) , [1983] 1 SCR 124, per Dickson J R v Seymour , 1996 CanLII 201 (SCC) , [1996] 2 SCR 252, per Cory J (5:0), at para 20
• ↑ MacKinlay , supra
• ↑ R v Iyanam , 2013 ONSC 1091 (CanLII) , per Code J , at paras 23 to 27
• ↑ Iyanam , ibid. , at paras 26, 27
• ↑ e.g. Iyanam , ibid. , at para 22

Transferred Intent

The common law doctrine of transferred intent will impose a necessary mens rea for a conviction for an act with unintended consequences. Where "harm follows that is of the legal kind as that intended" the accused will have been deemed to have intended the act. [1]

Section 229(b) of the Criminal Code adopts transferred intent as a form of liability for murder.

Murder 229 Culpable homicide is murder... (b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or ... R.S., 1985, c. C-46 , s. 229; 2019, c. 25 , s. 77. – CCC (CanLII) , (DOJ) Note up: 229

The doctrine of transferred intent does not apply for attempted murder. [2]

• ↑ R v Gordon , 2009 ONCA 170 (CanLII) , 241 CCC (3d) 388, per Watt JA (3:0) , at para 42
• ↑ Gordon , ibid. , at para 78

Recklessness

• see Recklessness

Intoxication

The inference of intending consequences of one's act must be considered after assessing "all of the evidence, including the evidence of intoxication." [1]

Intoxication is only relevant insofar as it affects "the accused's capacity to form the requisite intent" to commit the offence. [2]

Where evidence shows that the accused acted involuntary due to intoxication, negating intent on a general intent offence, proof of voluntary intoxication may in certain cases substitute for proof of voluntariness. [3] This "Leary rule" of substitution is typically available to offences of any general intent offence. [4] This was not considered applicable to assault based offence including sexual assault. [5] As a result s. 33.1 was enacted removing the intoxication defence from certain offences.

• ↑ R v Seymour , 1996 CanLII 201 (SCC) , [1996] 2 SCR 252, per Cory J (5:0)
• ↑ R v Robinson , 1996 CanLII 233 (SCC) , [1996] 1 SCR 683, per Lamer CJ
• ↑ R v Tatton , 2014 ONCA 273 (CanLII) , 10 CR (7th) 108, per Pardu JA (2:1), at para 35 - appealed at 2015 SCC 33 R v Bernard , 1988 CanLII 22 (SCC) , [1988] 2 SCR 833, at pp. 878-879 [SCR]
• ↑ Bernard , ibid. , at para 73
• ↑ R v Daviault , 1994 CanLII 61 (SCC) , [1994] 3 SCR 63, per Cory J
• Knowledge and Wilful Blindness

Examples of Intent

Intent to kill.

In absence of any explanation, the only intent from firing a gun at a person is an intention to kill. [1]

• ↑ R v McArthur , 2013 SKCA 139 (CanLII) , 427 Sask R 180, per Lane JA (3:0), at para 11
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Criminal intent: what it means and why it matters.

Posted by Christopher Martens | Jan 08, 2018 | 0 Comments

Why the Mind Matters

We've all heard of criminal intent . But what does it mean, and why does it matter? In many cases, you must have intent to commit a crime to be found guilty of it. People who attempt to commit a crime can be charged with it even if they were not successful as long as they had intent. Likewise, someone who accidentally harmed someone is not guilty unless he or she intended to do that harm. Criminal intent is very important and often a pivotal point in criminal cases.

What Is Criminal Intent?

The Supreme Court established intent as what distinguishes criminal conduct and innocent conduct, so the prosecution must prove the defendant had intent and knowingly committed or attempted to commit the crime. One must have knowledge of his or her misconduct to be guilty of a crime but does not necessarily need to know the misconduct was illegal. Now that you know what criminal intent means, let's take a look at how intent can affect a criminal defense.

How Criminal Intent Affects Cases

The prosecuting attorney must establish mens rea—or a guilty mind—to convict a defendant in many criminal prosecutions. In some cases, it is self-evident. In others, for example, domestic violence cases involving self-defense , the prosecution must prove it by meeting a certain legal standard called the burden of proof . The legal concept of criminal intent is important because people can—and do—unknowingly commit crimes.

For example, it is illegal to aid someone in committing a crime. If you knowingly and willingly provided information that helped someone commit a crime—like a burglary—you would be guilty of a crime. But if a friend asked you for that information and you didn't know it would help your friend commit a crime , you would not be guilty.

A Small but Important Impact

This small distinguishing factor has a huge impact on criminal cases. Not surprisingly, some criminal cases go to trial over this very issue. Naturally, it is difficult to prove what was going through someone's mind when they committed a crime. There are two types of intent: specific and general. Specific intent is the intent to carry out an action with a specific result in mind. General intent is the intent to engage in conduct but without a specific intended result in mind. Prosecuting attorneys will typically try to use circumstantial evidence to prove intent, as direct evidence (i.e. an admission of guilt) is rare. They must prove intent beyond a reasonable doubt, which can be difficult to do. Proving someone engaged in criminal conduct with a specific result in mind can be harder to do than proving someone engaged in criminal conduct.

Where's the Evidence of Intent?

Evidence commonly used to prove intent include communications such as emails, texts, social media posts, legally recorded conversations, and call logs. The prosecution may also try to paint a picture of the defendant's general character to link their conduct when they committed the crime with their typical character. Circumstantial evidence paired with a clear image of the defendant's general character can be enough to sway a jury. As you can see, criminal intent is a crucial element in most criminal prosecutions. It is also hard to prove and requires different types of evidence that support the argument for intent.

Facing criminal charges is never easy, especially if you did not intend to commit a crime. If you are facing criminal charges and want to learn about your rights, speak with an experienced California criminal defense attorney . It helps to learn more about the specific elements in your case that must be proven. If you did not have criminal intent, for example, but were charged with a crime, an attorney might be able to argue you lacked intent and thus did not knowingly or willingly commit a crime. But as every criminal case is different, only by speaking with an attorney about your case can you get a better idea of what you are up against and your options for handling your case.

Being accused of a crime is stressful, but experienced Visalia area criminal defense attorney Christopher Martens can help you face your charges. At The Law Offices of Christopher Martens , we can help you navigate the criminal prosecution process from start to finish. Martens has practiced criminal defense for over ten years and knows how to defend your rights.  Contact our Visalia or Hanford offices at 559-967-7386 or email us at [email protected] to discuss a possible plan of action for your case.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

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• Penal Code 1538.5
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• Penal Code 1018 Motion
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• Discovery Motions

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1.1 Introduction

Learning objective.

• Define a crime.

This textbook introduces you to our legal system in the United States, the basic elements of a crime, the specific elements of commonly encountered crimes, and most criminal defenses. Criminal law always involves the government and government action, so you will also review the pertinent sections of the United States Constitution and its principles as they apply to criminal law. By the end of the book, you will be comfortable with the legal framework that governs the careers of criminal justice professionals.

Definition of a Crime

Let’s begin at the beginning by defining a crime . The most basic definition of a crime is “an act committed in violation of a law prohibiting it, or omitted in violation of a law ordering it” (Yourdictionary.com, 2010). You learn about criminal act and omission to act in Chapter 4 “The Elements of a Crime” . For now, it is important to understand that criminal act, omission to act, and criminal intent are elements or parts of every crime. Illegality is also an element of every crime. Generally, the government must enact a criminal law specifying a crime and its elements before it can punish an individual for criminal behavior. Criminal laws are the primary focus of this book. As you slowly start to build your knowledge and understanding of criminal law, you will notice some unique characteristics of the United States’ legal system.

Laws differ significantly from state to state. Throughout the United States, each state and the federal government criminalize different behaviors. Although this plethora of laws makes American legal studies more complicated for teachers and students, the size, cultural makeup, and geographic variety of our country demand this type of legal system.

Laws in a democratic society, unlike laws of nature, are created by people and are founded in religious, cultural, and historical value systems. People from varying backgrounds live in different regions of this country. Thus you will see that different people enact distinct laws that best suit their needs. This book is intended for use in all states. However, the bulk of any criminal law overview is an examination of different crimes and their elements. To be accurate and representative, this book focuses on general principles that many states follow and provides frequent references to specific state laws for illustrative purposes. Always check the most current version of your state’s law because it may vary from the law presented in this book.

Laws are not static . As society changes, so do the laws that govern behavior. Evolving value systems naturally lead to new laws and regulations supporting modern beliefs. Although a certain stability is essential to the enforcement of rules, occasionally the rules must change.

Try to maintain an open mind when reviewing the different and often contradictory laws set forth in this book. Law is not exact, like science or math. Also try to become comfortable with the gray area, rather than viewing situations as black or white.

Key Takeaway

• A crime is an act committed in violation of a law prohibiting it or omitted in violation of a law ordering it. In general, the criminal law must be enacted before the crime is committed.

Answer the following question. Check your answer using the answer key at the end of the chapter.

• Read Gonzales v. Oregon , 546 U.S. 243 (2006). Did the US Supreme Court preserve Oregon’s right to legalize physician-assisted suicide? The case is available at this link: http://www.law.cornell.edu/supct/html/04-623.ZS.html .

Yourdictionary.com, “Definition of Crime,” accessed August 15, 2010, http://www.yourdictionary.com/crime .

Criminal Law Copyright © 2015 by University of Minnesota is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License , except where otherwise noted.

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Intention In the Criminal Law-A Rejoinder

1995, Mod. L. Rev.

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In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing (e.g., Alexander and Ferzan (2009), Chiao (2010) and Walen (2009)). We then turn to some influential theories that articulate a direct role for intentions (e.g., Duff (2007), Husak (2009)). While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing.

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Abstract: By distinguishing between prior intentions and intentions in action, Searle has helped solve a number of difficulties confronted by the earlier versions of the causal theory of actions. Yet this distinction also raises important new issues. In particular, once a distinction is posited between two types of intentions, one must specify what the exact nature of their respective contents is and explain how the two types of intentions are connected.

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Intent generally refers to the mental objective behind an action. The concept of intent is often the focal point of Criminal Law and is generally shown by circumstantial evidence such as the acts or knowledge of the defendant.

In Criminal Law, criminal intent, also known as mens rea , is one of two elements that must be proven in order to secure a conviction (the other being the actual act, or actus reus ). Some jurisdictions further classify intent into general and specific . It is sometimes difficult to draw a clear distinction between these modes of intent, but the Supreme Court has held that general intent corresponds loosely with knowledge of a crime whereas specific intent refers to the purpose behind committing it.

Drawing this distinction is important because they carry different standards of proof. For general intent, the prosecution need only prove that the defendant intended to do the act in question, whereas proving specific intent would require the prosecution to prove that the defendant intended to bring about a specific consequence through his or her actions, or that he or she perform the action with a wrongful purpose. It is worth noting that due to the confusion surrounding general and specific intent, some jurisdictions have adopted the Model Penal Code's approach of demonstrating intent by showing the degree of certainty a defendant had that his or her conduct would cause a certain result.

In California , it is generally presumed that the defendant intended to perform an act which he or she has done. However, for crimes that require specific intent, that intent must be proven beyond a reasonable doubt . For example, for a conviction in attempted murder, which requires proof of specific intent to kill, a prosecution cannot rely on the fact that the defendant performed the act of killing in order to presume that the defendant had acted with an intention to kill. The defendant, for example, might have acted out of self-defense , therefore negating the required intent because the killing was done out of protection and not the desire to take the victims life. 

Intent is also sometimes the focal point of contracts when a court is determining either the presence of a contract or interpreting a contract's condition(s). In these situations, courts find the objective intent of the parties by looking to the language used in the contract when it was formed; the subjective or secret intent of parties is ignored. If the language of the contract is ambiguous, under the Parol Evidence Rule , courts can consider extrinsic evidence when determining the intent of the parties.

In Administrative Law , courts also have the authority to determine legislative intent for the purposes of statutory construction . In doing so, courts primarily look to the language of the statute as understood when codified . It is worth noting that courts sometimes look to omissions of certain language as an indication of legislative intent as well. Courts also consider circumstances under which the statute was enacted, purpose, and legislative history.

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2 Motive and Criminal Liability

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Contrary to conventional wisdom, this chapter argues that the motive of the defendant is and ought to be relevant to his criminal liability. It attempts to show that motives are important to liability according to any philosophically plausible conception of the nature of motives. It discusses several respects in which motives are relevant to the substantive criminal law and traces some normative implications of the author's thesis.

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• Following successful sign in, you will be returned to Oxford Academic.

If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.

Enter your library card number to sign in. If you cannot sign in, please contact your librarian.

Society Members

Society member access to a journal is achieved in one of the following ways:

Sign in through society site

Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:

• Click Sign in through society site.
• When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.

If you do not have a society account or have forgotten your username or password, please contact your society.

Sign in using a personal account

Some societies use Oxford Academic personal accounts to provide access to their members. See below.

A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.

Some societies use Oxford Academic personal accounts to provide access to their members.

Viewing your signed in accounts

Click the account icon in the top right to:

• View your signed in personal account and access account management features.
• View the institutional accounts that are providing access.

Signed in but can't access content

Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.

For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.

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