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What's Wrong With Attempted Murder?

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  • #46
    I got news for you. You shoot a person 5 times in the leg, they'll likely bleed to death.
    I know. That wasn't the intent. They weren't supposed to die. Oh gosh, all a mistake.
    Life is not measured by the number of breaths you take, but by the moments that take your breath away.
    "Hating America is something best left to Mobius. He is an expert Yank hater.
    He also hates Texans and Australians, he does diversify." ~ Braindead

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    • #47
      [q=Wiglaf]You can testify you aimed for his leg to incapacitate him. But who believes that - it was dark, you were angry. Besides shooting people in the leg is dangerous. And you're a bad shot.[/q]

      If they don't believe you that's a different question. They have to prove you specifically intended to kill him, not that your actions are dangerous.

      If they don't believe you, then they don't believe you. That's kind of why we have juries... to decide on things like that.

      [q=Slowwand]I got news for you. You shoot a person 5 times in the leg, they'll likely bleed to death.
      I know. That wasn't the intent. They weren't supposed to die. Oh gosh, all a mistake.[/q]

      Well the intent requirement for murder is looser. It just requires malice aforethought, which would include reckless indifference to human life. If he doesn't die though, they'd have to prove specific intent for attempted murder. Though they got you on battery charges, nevertheless.
      “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
      - John 13:34-35 (NRSV)

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      • #48
        Originally posted by Wiglaf


        There are 2 cases I have in mind:

        A - Trying to push a detonator that malfunctions and B - Removing a poisoned glass before someone drinks it.

        I can see A being charged but why B?
        I wouldn't charge "B" with attempted murder. Its the same as the guy that buys the gun and brings it somewhere but never fires it-- the act to bring about death was never completed-- Poison glass same way-- I can prepare a lethal cocktail but if I never serve it to anyone, there was no attempt to murder


        Originally posted by Wiglaf

        This is a more clear case; but what if the contractor changes his mind before he is arrested? Should he be charged for attempting to do something he didn't have it in his heart to actually do?
        Well the contractor may be charged with some form of conspiracy charge since he did agree to do a murder for hire and that in itself is a crime in many jurisdictions. But if the contractor never goes near the victim , they never did attempt a murder. I would think that you could charge the person that hired them. That person did do the hiring intending to cause the death of another.
        You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto Luongo

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        • #49
          Originally posted by Wiglaf
          What about the act of shooting a man five times in the leg because he stole your dog? Is this attempted murder? Say 40% of shootings are fatal, and 60% of impassioned shootings are fatal. What is the metric you would use?

          Well

          if this person dies who have committed murder or manslaughter

          if they don't die, a judge or jury would infer intent from your conduct and any testimony you might give. If from a range of 3 feet, all bullets struck below your victim's knee, you might have a good argument-- "heck-- he was right there and I could have shot him in the chest"-- It won't matter a great deal anyway as you would be guilty of assault with a deadly weapon, or agravated assault ( depending on the jurisdiction)
          You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto Luongo

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          • #50
            Originally posted by SlowwHand
            I got news for you. You shoot a person 5 times in the leg, they'll likely bleed to death.
            I know. That wasn't the intent. They weren't supposed to die. Oh gosh, all a mistake.
            And if he dies-- "attempting" to do something is irrelevant-- someone is dead and you shot them-- Assuming mental capacity and no self-defense possibilities, if the shooting is proven, all the defense has is questions as to intent.

            My crim. is very rusty but my recollection is that if you intended ie planned to do the violent act which caused the death, thats murder regardless of whether the death was what you wanted as the consequence. You could get it down to manslaughter if it was a
            'spur of the moment' thing

            In Canada "murder " includes acts meant

            to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;


            IT also includes


            c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
            You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto Luongo

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            • #51
              Originally posted by Pyrodrew


              So you're saying you think the 4 London terrorists who failed with their bomb attempts should be at most arrested for only public disturbance or some minor crime... since they might have known it would fail and were just doing a prank?

              Is this thread just a troll?
              They're obviously unindicted co-combatants! Gitmo-ize them I say. Hey, don't you Brits still own the island you stashed Napoleon away on? How about sending them there forever?
              "I say shoot'em all and let God sort it out in the end!

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              • #52
                My crim. is very rusty but my recollection is that if you intended ie planned to do the violent act which caused the death, thats murder regardless of whether the death was what you wanted as the consequence.


                You are correct. It's reckless indifference to human life or intent to inflict a great bodily injury (that leads to death).
                “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                - John 13:34-35 (NRSV)

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                • #53
                  This is attempted murder:


                  Jeffrey Cameron Fitzhenry, 17, was convicted today. The shooting on April 29 left the 16-year-old girl a quadriplegic, and the foetus was declared dead three days later.
                  Would it also be attempted murder to throw fifty matchcars at her face? What about if you do it while saying "I want you dead"?

                  Here we'd have intent but not the means. On the other hand, shooting a guy in the leg to incapacitate (but who later bleeds out) displays means but not intent.

                  Are both attempted murders?

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                  • #54
                    Originally posted by Wiglaf
                    This is attempted murder:




                    Would it also be attempted murder to throw fifty matchcars at her face? What about if you do it while saying "I want you dead"?

                    Here we'd have intent but not the means. On the other hand, shooting a guy in the leg to incapacitate (but who later bleeds out) displays means but not intent.

                    Are both attempted murders?
                    NO-- the guy that bleeds out is dead so its a murder--
                    no attempt about it

                    As for the matchcars example -- lets make it more ludicrous and make it soft marshmallows-- technically you are committing an assault/batter but with no possibility at all of causing death so no attempted murder---
                    You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto Luongo

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                    • #55
                      Wiggy! Quit while your ahead!

                      nm

                      Too late....
                      Founder of The Glory of War, CHAMPIONS OF APOLYTON!!!
                      '92 & '96 Perot, '00 & '04 Bush, '08 & '12 Obama, '16 Clinton, '20 Biden, '24 Harris

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                      • #56
                        Back to the poisoned drink example.

                        If I remove it before you drink it, then there's no crime?

                        Then where's the wrong in shooting five times, missing horribly, and then moving on?

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                        • #57
                          Originally posted by Wiglaf
                          Back to the poisoned drink example.

                          If I remove it before you drink it, then there's no crime?

                          Then where's the wrong in shooting five times, missing horribly, and then moving on?
                          ]

                          If you shoot, you at that moment were trying to cause my death. The fact of missing is irrelevant to the fact that you tried.

                          If you lay a poisoned drink at my place setting and then remove it before I arrive, you never carried through on the attempt. To be similar to the shooting example, you would have to leave it there hoping I'd drink it but lets say I picked it up and promptly dropped it on the floor. Attempted murder!

                          Failing doesn't change the fact that you made the attempt.

                          If you take away the poisoned drink, you never made the attempt. It would be the same as if you pulled the gun to shoot me and then tossed it out the window
                          You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto Luongo

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                          • #58
                            ets say I picked it up and promptly dropped it on the floor


                            Or if you pick it up and then he gets scared and knocks it out of your hand, it's attempted murder as well. His abandonment doesn't cure it.
                            “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                            - John 13:34-35 (NRSV)

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                            • #59
                              Since we're debating hypotheticals to the most pathetic rant in the history of Apolyton...

                              I have gas. I fart like there's no tomorrow, in an enclosed air-tight room. My worst enemy walks through the door. Seeing this, not caring about my fate, I light a match.

                              Attempted murder?

                              (PS: I need to know quick!)

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                              • #60
                                Being a wanabe murderer, I think that the worst thing is that I havent commited what I want to do.

                                Do I wan't to be treated nicer if I don't succed - yes, of couse, that will make it easier to make the next attempt.

                                Ohh, I regret - remove all killing devices - well, if noone remarks, it's good. If someone remarks, I'm ****ed - I tried to kill someone and that society displases - which is reasonable - I had reason, I had the means it just didn't work.

                                One thing is if I did it for personal reasons - I hated the guy because he had "robbed" my woman - another and totally unexcusable would be if it was of political or superstitious reasons - actually, I can't find any excuses that should reduce the punishment.
                                With or without religion, you would have good people doing good things and evil people doing evil things. But for good people to do evil things, that takes religion.

                                Steven Weinberg

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