Conditional Intent
In Holloway v. United States, the United States Supreme Court case upheld the use of "conditional intent" as a necessary element of the crime of carjacking. Conditional intent means that a defendant may not negate a proscribed intent merely by requiring the victim to comply with a condition. For example, a person saying, "Get out of the car or I'll shoot you" satisfies the "intent to kill" – so long as the prosecution can prove beyond a reasonable doubt that the defendant would have at least attempted to harm or kill if the victim had not complied (in other words, the prosecution must show that the threat was real, and not a bluff).
Read more about this topic: Intently
Famous quotes containing the words conditional and/or intent:
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—Shoshana Zuboff (b. 1951)
“One reason why we find so few men of reasonable and agreeable conversation is that there is scarcely anyone whose mind is not more intent upon what he himself has a mind to say than on making pertinent replies to what is being said to him.”
—François, Duc De La Rochefoucauld (1613–1680)