California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, a former professional athlete, is involved in a bar fight. He throws a punch at an individual whom he believes is about to attack his friend. The individual ducks, and the punch accidentally strikes an innocent bystander, breaking their nose. What is the client's criminal liability for battery against the bystander?
- ALiable only if the bystander was also involved in the fight.
- BLiable only if he acted with recklessness towards the bystander.
- CNo liability, as he intended to hit the aggressor, not the bystander.
- DLiable due to transferred intent.
Show answer & explanationAnswer & explanation
Correct answer: D. Liable due to transferred intent.
Under the doctrine of transferred intent, if a defendant intends to commit a crime against one person but accidentally commits the same crime against another, the intent is 'transferred' to the actual victim. Here, the client intended to commit battery against the aggressor, and that intent transfers to the bystander who was actually hit.
Why the other options are wrong
- A. The bystander's involvement is irrelevant to the application of transferred intent for the battery.
- B. Recklessness is a different mens rea; here, specific intent to batter was present and transferred.
- C. Transferred intent applies when the intended crime occurs, just to a different victim.
Transferred Intent
A legal doctrine where the intent to commit a crime against one person is 'transferred' to another person who is accidentally harmed by the defendant's actions.
- Applies when the intended crime (mens rea) and the actual crime (actus reus) are the same.
- Often seen in assault, battery, and homicide cases.
- Ensures that a defendant who causes harm is held responsible for their criminal intent.
Memory trick: Intent's journey, aim's detour.