What is the common law doctrine of transferred intent in the context of the doctrine of self-defense?

California, United States of America


The following excerpt is from People v. Bernik, C071777 (Cal. App. 2016):

Under the common law doctrine of transferred intent, "one's criminal intent follows the corresponding criminal act to its unintended consequences. . . . [T]he reasoning applies equally to carry the lack of criminal intent to the unintended consequences and thus preclude criminal responsibility." (People v. Matthews (1979) 91 Cal.App.3d 1018, 1023 (Matthews), italics omitted.) Accordingly, "the doctrine of self-defense is available to insulate one from criminal responsibility where his act, justifiably in self-defense, inadvertently results in the injury of an innocent bystander." (Id. at p. 1024.)

Other Questions


When a judge refers to "common sense, common-sense, popular parlance" or "common-sense", does this mean that the judge must be able to rely solely on common sense or common- sense? (California, United States of America)
Does the doctrine of transferred intent apply to a defendant who is convicted of attempted murder? (California, United States of America)
How does the prosecution in a civil case establish that there is a connection between a group of individuals with a common name, common identifying symbols and a common enemy? (California, United States of America)
Is the intent of an aider and abettor to facilitate the commission of a specific intent crime necessarily the intent to achieve a future consequence? (California, United States of America)
How have courts interpreted the doctrine of common law in the context of medical malpractice? (California, United States of America)
What is the test for transferred intent in the doctrine of self-defense? (California, United States of America)
Does the transferred intent doctrine apply to attempted murder? (California, United States of America)
Does section 1093 of the California Penal Code, Section 1093, give rise to the doctrine of common law in the context of sexual assault? (California, United States of America)
Does the transferred intent rule apply to allegations of intentional infliction of great bodily injury? (California, United States of America)
How have the courts interpreted the doctrine of concurrent intent in the context of an attempted murder case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.