this post was submitted on 11 Feb 2026
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[–] TropicalDingdong@lemmy.world 1 points 15 hours ago (2 children)

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.

[–] Ferrous@lemmy.ml 1 points 14 hours ago* (last edited 14 hours ago)

therefore we can not use the basis of the mind for the inference of intent.

Am I misunderstanding or is this completely wrong?

Because these concepts involve what was in the defendant’s mind, they are often established through indirect evidence. Some common ways prosecutors try to prove intent and premeditation include:

The nature and manner of the killing (e.g., >multiple stab wounds might suggest >planning) Possession of weapons or tools before the >act Statements or confessions indicating >planning or desire to kill Actions taken before or after the crime to >conceal evidence Witness testimony about the defendant’s >behavior or threats

Defense attorneys challenge this evidence by offering alternative explanations. They might argue that the defendant acted impulsively, under extreme emotion, or in self-defense.

https://www.vbrownleelaw.com/the-role-of-intent-and-premeditation-in-homicide-cases/

[–] Ferrous@lemmy.ml 1 points 15 hours ago

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?

Yes, and it has been done successfully.

https://www.studicata.com/summaries/superior-court-of-pennsylvania/commonwealth-v-predmore-2018-so9l74/