What's Wrong With Attempted Murder?

[MrFun]

[SlowwHand]

As I said. by that logic, all one needs do is fail.
A thief is caught in the act. He didn't steal, he was stopped.
Intent is key, like it or not.

[Imran Siddiqui]

And, Imran, if there's a video of me throwing a bomb into your house and then taking it out later, under current law I have no defense.

And you shouldn't have. The sort of behavior of throwing bombs into people's houses should be punished, even if you get second thoughts and try to disarm it.

[Wiglaf]

Originally posted by Flubber
You fire a gun at me fully wishing to kill me. You miss. I come to absolutely no harm but you should be charged with attempted murder.

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?

How about contracting for a killer and the contract killer is an FBI agent running a sting operation? Your intent is to kill but it's never going to happen.

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?

[Imran Siddiqui]

I can see A being charged but why B?

Because you engaged in an act that had a good chance of killing someone. What if the guy drank it quickly before you could get it from them.

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

If he does a substantial step, yes, of course.

[SlowwHand]

So many looking for a loop hole. Prisons are full of people just like you.

[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?

[Wiglaf]

Because you engaged in an act that had a good chance of killing someone. What if the guy drank it quickly before you could get it from them.

Then it's murder...but the act I engaged in caused no harm; is the point of the law now to stop people who are likely to repeat the crime?

40% of metallica listeners have smoked pot; therefore they are all guilty of attempting to smoke pot.

[Imran Siddiqui]

What about the act of shooting a man five times in the leg because he stole your dog? Is this attempted murder?

Was him intent to kill him? Attempt is a specific intent crime, therefore you must have the mens rea to kill the person.

If your intent was simply to shoot him in the leg, then it is not attempted murder. It is, however, aggravated assault and battery, which would carry a heftier sentance than attempted murder.

[Kuciwalker]

Re: What's Wrong With Attempted Murder?

The fact that you tried to kill someone?

[Imran Siddiqui]

Originally posted by Wiglaf
Then it's murder...but the act I engaged in caused no harm; is the point of the law now to stop people who are likely to repeat the crime?

Um... that's kinda what deterrance is.

It doesn't matter if the act you engaged in caused no actual harm. You specifically intended to kill the person and committed a substantial step. Even if you abandon, you are still guilty of attempted murder.

40% of metallica listeners have smoked pot; therefore they are all guilty of attempting to smoke pot.

I know it's hard for you, but try not to be stupid, k?

[Wiglaf]

What if 60% of all leg-shots end in fatality, and everyone testifies you were really angry he stole your dog? What's your defense?

[JohnT]

Is this discussion a joke? I mean, we're being put-on here, aren't we?

[Imran Siddiqui]

Originally posted by Wiglaf
What if 60% of all leg-shots end in fatality, and everyone testifies you were really angry he stole your dog? What's your defense?

[q=Imran Siddiqui]I know it's hard for you, but try not to be stupid, k?[/q]

What part of specific intent didn't you understand?

[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.

So whammo! You must've wanted him dead.