this post was submitted on 11 Feb 2026
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Yes, that absolutely matters as the jury decides whether it is murder or manslaughter.
Does the jury use it's psychic empathy to determine what was in my heart at the time the knife perforated your larynx or do they use the circumstances leading up to the murder to determine if I had intent to kill you or not?
Weirdly gruesome. Disengage.
Replying isn't disengagement. I used the knife as an example because it makes it clear that putting someone in immediate danger with no concern for their safety is a kind of "intent". If I juggled the knives near you instead would the humorous contrast make the analogy more palatable? Im just an amateur knife juggler, playing with his knives in your personal space after we had an argument, no hostile intent here.
Ideally, yes. In this case there was no trial for the jury to make such a determination.
No. It doesn't.
If someone pulled out a gun, points it at someone, pulls the trigger and shoots; could they argue that they'd hoped they'd either not hit them or not hit something vital? and so they didn't intend to kill them?
You pull out a knife and brandish it threateningly: That sets up intent. We do not know the mind nor will we ever; therefore we can not use the basis of the mind for the inference of intent. We have to rely on actions which could be reasonably interpreted as intent.
Am I misunderstanding or is this completely wrong?
https://www.vbrownleelaw.com/the-role-of-intent-and-premeditation-in-homicide-cases/
Yes, and it has been done successfully.
https://www.studicata.com/summaries/superior-court-of-pennsylvania/commonwealth-v-predmore-2018-so9l74/