Crime & Criminal Law

In criminal matters, the will is taken for the deed.

In criminalibus, voluntas reputabitur pro facto.

Source: Coke, 3 Inst. 106; Weisman, 26t; Weisman, 44r

Where criminal intent is clearly proved, the law may hold a man accountable even though the intended result was not fully accomplished.

In criminal matters, a general malice of intention is sufficient when joined with an act of equal degree.

In criminalibus sufficit generalis malitia intentionis cum facto paris gradus.

Source: Bacon, Max. p. 65, reg. 15; Broom, Max. 291; Weisman, 26s

The prosecution need not prove specific malice toward a particular person when general malicious intent accompanied the criminal act.

In offenses, the intention is regarded, not the outcome.

In maleficiis voluntas spectatur, non exitus.

Source: Dig. 48, 8, 14; Bacon, Max. reg. 7; Weisman, 26p

A man who attempts a crime with full intent is not excused merely because he failed in the execution.

Felony, by force of the term, signifies any capital crime committed with a malignant mind.

Felonia, ex vi termini, significat quodlibet capitale crimen felleo animo perpetratum.

Source: Co. Litt. 391; Weisman, 26e

The very definition of felony embeds the requirement of evil intent — without the felonious mind, there is no felony.

Crime vitiates everything that springs from it.

Crimen omnia ex se nata vitiat.

Source: Henry v. Bank of Salina, 5 Hill (N.Y.) 523, 531; Weisman, 26o

No lawful right, title, or benefit can arise from a criminal act — the taint of the original wrong infects everything built upon it.

An act does not make a person guilty, unless the intention be also guilty.

Actus non reum facit, nisi mens sit rea.

Source: Bouvier's Law Dictionary; 2 Bouv. Inst. n. 2211; Weisman, 60h; Weisman, 60n

Criminal liability requires the union of a wrongful act with a guilty mind; without criminal intent, there is no crime.