Elements of a Criminal Act Essay

Tags: criminal act common law murder law crime manslaughter morality imprisonment

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Elements of a Criminal Act: Analysis

1.

An attempted murder can be interpreted as the incomplete or the unsuccessful attempt to take someone’s life. This is a serious crime that will most probably lead to imprisonment for the perpetrator. Although attempted murder is characterized by the obvious attempt on someone’s life some situations can lead to the dismissal of an attempted murder case of even attract a lesser penalty (Attorneys.com, 2018). The outcome of an attempted murder trial has a lot to do with how the defense lawyer argues out a case just as it has a lot to do with the evidence availed in court (Attorneys.com, 2018). A defense lawyer will do everything in their power to help the court understand why the ensuing situation was not an attempted murder. The state attorney on the other hand will provide evidence that proves beyond reasonable doubt that there was an intention and motivation to commit murder.

There are two elements that constitute attempted murder in many jurisdictions. The first one is the action by the offender to kill someone. The second element is action with an intention to kill another person (Attorneys.com, 2018). Any action that is taken in the interest of killing another person is considered a direct attempt at them. The mere action of preparing to take someone’s life or planning the action may not be sufficient enough to constitute attempted murder.

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There has to be some direct action that may entail the use of a rifle or any other weapon against another person. There also must be action such as firing the weapon towards the intended target and inflicting some serious wounds that would most probably result to their death (Attorneys.com, 2018). A direct quote of the law by Cornel Law School (n.d) states that any person within the territory and jurisdiction of the U.S. who makes an attempt at murdering another person shall be imprisoned for a period that does not exceed 20 years or/and otherwise fined in accordance to the law.

According to the common law on murder crimes a person is considered to commit murder when they have a malicious aforethought towards the plan. Malice is satisfied in 4 ways and they are: One is the killing intention. This happens to be the only category that qualifies as express malice. Implied malice entails intention to inflict bodily harm on another….....

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References

Attorneys.com (2018). Legal Articles Homicide. Retrieved 8, September,2018, from http://www.attorneys.com/homicide/attempted-murder-charges-and-penalties

Cornel Law School (n.d). 18 U.S. Code § 1113 - Attempt to commit murder or manslaughter. Retrieved 8, September,2018, from https://www.law.cornell.edu/uscode/text/18/1113

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