Legal Definitions - per feloniam

per feloniam is a historical Latin legal term that translates to "with criminal intent." In older legal systems, particularly those rooted in English common law, this phrase was used to describe the mental state of an individual who committed a serious crime, known as a felony. It signified that the person acted not accidentally or negligently, but with a deliberate purpose to commit the unlawful act.

While the specific phrase "per feloniam" is no longer commonly used in modern legal discourse, the underlying concept of criminal intent remains a fundamental element in proving many crimes today, often referred to as mens rea. It emphasizes that for certain offenses, the prosecution must demonstrate that the accused consciously intended to commit the prohibited act or achieve a prohibited result.

Here are some examples illustrating how "per feloniam" would have been understood in a historical context:

• Imagine a scenario in 17th-century England where a person, John, secretly plans to break into a merchant's warehouse at night. He brings tools specifically designed to force open locks and intends to steal valuable silks. When caught inside the warehouse, his actions would have been described as having been committed "per feloniam."

  This illustrates the term because John's pre-planning, choice of tools, and specific goal of stealing demonstrate a clear, deliberate criminal intent. He wasn't merely trespassing; he intended to commit the serious crime of theft and burglary.

• Consider a dispute between two individuals in a historical setting. One person, Thomas, harbors a grudge against another, Robert. Thomas lies in wait for Robert, ambushing him with a heavy stick, intending to cause him significant bodily harm. The act of striking Robert with the intent to injure him severely would have been considered "per feloniam."

  This example shows "per feloniam" because Thomas's premeditation (lying in wait) and his specific intention to inflict serious injury on Robert illustrate the "criminal intent" aspect. His actions were not accidental but purposeful and malicious, aimed at committing a felony like aggravated assault.

• In a historical context, a scribe named Eleanor meticulously alters a will to change the rightful heir, intending to divert a substantial inheritance to herself. Her careful alteration of the document, with the clear purpose of defrauding the intended beneficiary, would have been an act committed "per feloniam."

  Eleanor's deliberate act of altering the will, driven by the specific goal of illicitly gaining an inheritance, clearly shows she acted "with criminal intent" to commit a serious offense like forgery or fraud. Her actions were calculated and designed to achieve an unlawful outcome.