WHAT MAKES SOME crimes worse than others? As crimes require both a mens rea and an actus reus, some commentators have deemed the corresponding concepts of culpability and harm the elements that determine the severity of a crime. The factors operate on a sliding scale whereby more of one compensates for less of the other. There is a third element, however, that is often overlooked: the danger posed by the offender's conduct.
"With Malice Toward All: The Increased Lethality of Violence Reshapes Transferred Intent and Attempted Murder Law,"
University of San Francisco Law Review: Vol. 38
, Article 3.
Available at: http://repository.usfca.edu/usflawreview/vol38/iss2/3