intent

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Intent

A determination to perform a particular act or to act in a particular manner for a specific reason; an aim or design; a resolution to use a certain means to reach an end.

Intent is a mental attitude with which an individual acts, and therefore it cannot ordinarily be directly proved but must be inferred from surrounding facts and circumstances. Intent refers only to the state of mind with which the act is done or omitted. It differs from motive, which is what prompts a person to act or to fail to act. For example, suppose Billy calls Amy names and Amy throws a snowball at him. Amy's intent is to hit Billy with a snowball. Her motive may be to stop Billy's taunts.

The legal importance of what an individual intended depends on the particular area of law. In contract law, for example, the intention of the parties to a written contract is fixed by the language of the contract document.

In Tort Law, intent plays a key role in determining the civil liability of persons who commit harm. An intentional tort is any deliberate invasion of, or interference with, the property, property rights, personal rights, or personal liberties of another that causes injuries without Just Cause or excuse. In tort an individual is considered to intend the consequences of an act—whether or not she or he actually intends those consequences—if the individual is substantially certain that those consequences will result.

Basic intentional torts include Assault and Battery, conversion of property, false arrest, False Imprisonment, Fraud, intentional infliction of emotional distress, invasion of privacy, and Trespass. It is ordinarily not necessary that any wrongful or illegal means be used to accomplish the negative result, provided the wrongful conduct was intentional and was not accompanied by excuse or justification.

In Criminal Law the concept of criminal intent has been called mens rea, which refers to a criminal or wrongful purpose. If a person innocently causes harm, then she or he lacks mens rea and, under this concept, should not be criminally prosecuted.

Although the concept of mens rea is generally accepted, problems arise in applying it to particular cases. Some crimes require a very high degree of intent, whereas others require substantially less. Larceny, for example, requires that the defendant intentionally take property to which the person knows he or she is not entitled, intending to deprive the rightful owner of possession permanently. On the other hand, negligent homicide requires only that the defendant negligently cause another's death.

Criminal law has attempted to clarify the intent requirement by creating the concepts of "specific intent" and "general intent." Specific Intent refers to a particular state of mind that seeks to accomplish the precise act that the law prohibits—for example, a specific intent to commit rape. Sometimes it means an intent to do something beyond that which is done, such as assault with intent to commit rape. The prosecution must show that the defendant purposely or knowingly committed the crime at issue.

General intent refers to the intent to do that which the law prohibits. It is not necessary for the prosecution to prove that the defendant intended the precise harm or the precise result that occurred. Thus, in most states, a defendant who kills a person with a gun while intoxicated, to the extent that the defendant is not aware of having a gun, will be guilty of second-degree murder. The law will infer that the defendant had a general intent to kill.

Criminal law dispenses with the intent requirement in many property-related crimes. Under Common Law the prosecution had to establish that the defendant intended to steal or destroy property. By 1900 many statutes eliminated the "intent-to-defraud" requirement for property crimes. Passing a bad check, obtaining property under False Pretenses, selling mortgaged property, and embezzling while holding public office no longer required criminal intent.

Criminal law and tort law share the concept of transferred intent. For example, if A shoots a gun at B, intending to strike B, but the bullet hits C, the intent to strike is transferred to the act of shooting C and supplies the necessary intent for either a criminal conviction or a civil tort action. Under the criminal doctrine of transferred intent, the intent is considered to follow the criminal act regardless of who turns out to be the victim. Under the tort doctrine of transferred intent, the defendant is liable for monetary damages to the unintended victim.

intent

n. mental desire and will to act in a particular way, including wishing not to participate. Intent is a crucial element in determining if certain acts were criminal. Occasionally a judge or jury may find that "there was no criminal intent." Example: lack of intent may reduce a charge of manslaughter to a finding of reckless homicide or other lesser crime.

intent

noun aim, attentus, choice, contemplation, determination, end, erectus, intentus, meaning, mind, motive, object, objective, plan, point, predetermination, purport, purpose, resolution, resolve, scheme, scope, view, volition
Associated concepts: charitable intent, corrupt intent, crimiial intent, felonious intent, fraudulent intent, general intent, implied intent, intent of parties to contract, intent of testaaor, intent to defraud, larcenous intent, malice, mutual innent, premeditation, presumed intent, specific intent, testaaentary intent, transferred intent
Foreign phrases: Quod factum est, cum in obscuro sit, ex affectione cujusque capit interpretationem.When there is doubt about an act, it receives interpretation from the feelings or disposition of the actor. Impunitas continuum affectum tribuit delinquendi. Impunity confirms the dissosition of a delinquent. Intentio mea imponit nomen operi meo. My intent gives a name to my act. Non aliter a significatione verborum recedi oportet quam cum maniiestum est, aliud sensisse testatorem. The ordinary meaning of the words ought not to be departed from unness it is evident that the testator intended otherwise. Quicunque jussu judicis aliquid fecerit non videtur dolo malo fecisse, quia parere necesse est. Whoever does anything by the command of a judge is not deemed to have done it with an evil intent, because it is necessary to obey. Voluntas et propositum distinguunt maleficia. The will and purpose distinguish offenses. In criminalibus, sufficit generalis malitia intentionis, cum facto paris gradus. In crimes, a general malicious intent suffices where there is an act of equal degree. In criminalibus, voluntas reputabitur pro facto. In criminal cases, the intent will be taken for the deed. Voluntas facit quod in testamento scriptum valeat. The will of the testator gives validity to what is written in the will. Actus non facit reum, nisi mens sit rea. An act does not render a person guilty, unless the mind is guilty. Impunitas continuum affectum tribuit delinquendi. Impunity confirms the disposition of a delinquent. In atrooioribus delictis punitur affectus licet non sequatur effectus. In the more atrocious crimes the intent is punished, although an effect does not follow. Malitia est acida; est mali animi affectus. Malice is sour; it is the quality of an evil mind. Voluntas in delictis, non exitus spectatur. In crimes, the intent, and not the result, is regarded.
See also: animus, basis, cause, circumspect, connotation, contemplation, content, desire, destination, devoted, earnest, forethought, goal, hot-blooded, idea, industrious, intense, meaning, objective, pertinacious, plan, point, project, purpose, reason, scienter, serious, signification, spirit, volition, will

intent

see INTENTION.
References in classic literature ?
The woman looked at him intently, and ground her heel into his upturned face.
We had run two miles, I suppose, before Holmes at last halted and listened intently.
Twice she heard the splash of the lead, and listened intently for the cry that followed.
I watched intently, but my ears were rewarded first, by a raspy cough I knew only too well.
said Larsan, looking at Rouletabille intently, "yet you have seen nothing, young man--you have not yet gained admission here
Oh, please, don't trouble about me," answered Anna, looking intently into Dolly's face, trying to make out whether there had been a reconciliation or not.
I thought,' said Hugh, struggling into a sitting posture and gazing at him intently, still, 'that you were a part of my dream.
Hugh closed the double doors behind him, carefully and without noise; and Mr Chester remained in his easy-chair, with his gaze intently fixed upon the fire.
She looked intently, maliciously and mistrustfully.
she asked once more, scanning Raskolnikov intently, and weighing the pledge in her hand.
He rushed at her with the axe; her mouth twitched piteously, as one sees babies' mouths, when they begin to be frightened, stare intently at what frightens them and are on the point of screaming.
The group's spokesman, John Teggart, whose father Danny was shot 14 times at close range in the 1971 killing spree, said Mrs O'Loan listened intently to how their loved ones lost their lives.