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NeCede's

Maxim 7.1.28

The will and the proposed end distinguished crimes.

Source: Bract. fol. 2b, 136b; 2 Inst. 57; Weisman, 26u Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Criminal intent and the intended object distinguish one crime from another — the same physical act may constitute different offenses depending on the purpose behind it.

Where this applies

  • Two men punch someone in a bar fight — one intended to kill, the other just wanted to shove him away, so one is charged with attempted murder and the other with simple battery.
  • A person who sets fire to a building to collect insurance is charged with arson for profit, while someone whose careless campfire spreads to the same kind of building faces a different, lesser charge.
  • A pharmacist who deliberately sells fake medicine is charged with fraud, while one who accidentally dispenses the wrong pills faces a negligence charge — same result, different crime because of intent.

Legal domains

Cite this maxim

NeCede Max. 7.1.28 — The will and the proposed end distinguished crimes. — Bract. fol. 2b, 136b; 2 Inst. 57; Weisman, 26u

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