Recycled Malice

by Findlay Stark

Criminal lawyers accept a doctrine of transferred malice, but while doing so, also seem to accept that in so being transferred, malice can be multiplied, such that a person who intended to harm one other person can find themselves convicted of intentionally harming several people. In this post, I argue that ‘recycling malice’ in this way is inappropriate, and that this conclusion casts doubt even on the logic of the more accepted doctrine of transferred malice.

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