Attempted Murder

Definition

Attempted murder refers to the intentional and purposeful act of trying to kill another person, even if the act does not result in death. This crime involves a clear intent to cause death and can be prosecuted even if the target survives. The key aspect is the offender's mindset and actions that show a significant step toward completing the act of murder.

5 Must Know Facts For Your Next Test

1. Attempted murder is usually classified as a felony, and penalties can vary significantly based on jurisdiction and circumstances, often carrying severe prison sentences.
2. The prosecution must prove both the defendant's intent to kill and that they took substantial steps toward committing the act, rather than just planning it.
3. In some jurisdictions, there may be degrees of attempted murder, where factors such as premeditation or the use of a weapon influence charges and sentencing.
4. Defenses against attempted murder may include lack of intent or impossibility, where the accused argues they could not have completed the act due to circumstances beyond their control.
5. Victims of attempted murder can seek justice through civil suits as well, potentially leading to financial compensation for injuries or emotional distress caused by the attack.

Review Questions

• How does mens rea play a critical role in determining cases of attempted murder?
  • Mens rea is essential in attempted murder cases because it establishes the defendant's intention to kill. The prosecution must demonstrate that the accused had a specific intent to cause death and took concrete steps towards that goal. Without proving this mental state, it would be challenging to secure a conviction for attempted murder since mere thoughts or plans are not enough without action reflecting intent.
• Discuss how attempted murder laws vary between jurisdictions and the potential impact on sentencing outcomes.
  • Attempted murder laws can differ widely from one jurisdiction to another, affecting how cases are prosecuted and what penalties are imposed. Some jurisdictions have strict guidelines that classify attempted murder as a serious felony with long sentences, while others may offer lesser charges or plea options. Factors such as whether the attempt was premeditated or involved specific means can lead to varying degrees of charges and thus impact overall sentencing outcomes significantly.
• Evaluate the implications of inchoate crimes in the context of attempted murder and how they influence legal proceedings.
  • Inchoate crimes, like attempted murder, underscore the legal principle that individuals can be held accountable for actions taken towards committing a crime even if that crime was not successfully completed. This influences legal proceedings by allowing law enforcement and prosecutors to intervene before any actual harm occurs, thereby addressing public safety concerns. Moreover, recognizing attempted murder as an inchoate crime ensures that individuals demonstrating intent to kill face serious legal consequences, which serves as a deterrent against violent behavior.

Related terms

Mens Rea:

The mental state or intent of a person when committing a crime, which is crucial in determining guilt in cases of attempted murder.

Aiding and Abetting:

The act of assisting or encouraging another person in the commission of a crime, which can include attempted murder.

Inchoate Crimes:

Crimes that were begun but not completed, including attempts to commit crimes like murder, reflecting the legal concept that actions can be criminal even without achieving the intended outcome.