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Posted: 6/13/2003 9:20:15 AM EDT
With the advances in modern medecine and surgical techniques more and more people are living through the ordeal of a gunshot wound. The rate of shootings versus killings at a glance seem to show that in most cases the victim or person shot will live. In many instances there are people shot multiple times in their lives but never fatally. How then can a person be charged with attempted murder when the chances are that the shootee won't die. I understand the key word is "attempted", but with less people dieing how can it be said that murder was the intent of the shooter? Even the news reports on the Iraq war seem to show that more people are wounded than killed. Just one of the many random thoughts in my head on my 70+ minute drive to work.
Link Posted: 6/13/2003 9:23:12 AM EDT
it is based on reasonable intent, not the outcome. What would a reasonable person consider the intent of the perp was, or was it tied to another crime such as robbery, rape, etc....
Link Posted: 6/13/2003 9:24:13 AM EDT
Please look up the word attempted in the dictionary.
Link Posted: 6/13/2003 10:09:25 AM EDT
Originally Posted By Max_Mike: Please look up the word attempted in the dictionary.
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Main Entry: 1at·tempt Pronunciation: &-'tem(p)t Function: transitive verb Etymology: Middle English, from Middle French & Latin; Middle French attempter, from Latin attemptare, from ad- + temptare to touch, try -- more at TEMPT Date: 14th century 1 : to make an effort to do, accomplish, solve, or effect
Link Posted: 6/13/2003 10:47:35 AM EDT
Shoot someone=attempted murder? ------------------------- makes sense to me.
Link Posted: 6/13/2003 10:52:14 AM EDT
I don't shoot to kill, I shoot to stop. Alex
Link Posted: 6/13/2003 11:44:33 AM EDT
Around here, they rarely charge anyone with Attempted Murder. The elements of Murder are that you intentionally or knowingly kill another person. Aggravated Assault with a deadly weapon is much easier to prove, and carries the same penalty. The elements Agg Assault are merely that someone assaults another person with a deadly weapon, or causes serious bodily injury. Easier to prove in court (because you don't have to prove the intent to kill) and it has the same penalty range.
Link Posted: 6/13/2003 11:52:47 AM EDT
Mossberg 590 and such will solve the attempted part of the equation. Jason
Link Posted: 6/13/2003 12:16:45 PM EDT
We regulary charge suspects in shootings and stabbings with CPC 245 Assualt with a deadly weapon. Attempt murder charges are pretty rare, even following gang shootings.
Link Posted: 6/13/2003 12:16:57 PM EDT
[Last Edit: 6/13/2003 12:19:01 PM EDT by skullworks]
Originally Posted By natez: Around here, they rarely charge anyone with Attempted Murder. The elements of Murder are that you intentionally or knowingly kill another person. Aggravated Assault with a deadly weapon is much easier to prove, and carries the same penalty. The elements Agg Assault are merely that someone assaults another person with a deadly weapon, or causes serious bodily injury. Easier to prove in court (because you don't have to prove the intent to kill) and it has the same penalty range.
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So one could say that if you plan to kill someone, it is premeditated murder if you succeed, attempted murder if you fail (piss poor planning,) and most likely agg assault if you end up before the court (provided that you didn't leave written notes regarding your plans laying around?) Glad I'm not a DA.
Link Posted: 6/13/2003 12:22:59 PM EDT
Originally Posted By skullworks:
Originally Posted By natez: Around here, they rarely charge anyone with Attempted Murder. The elements of Murder are that you intentionally or knowingly kill another person. Aggravated Assault with a deadly weapon is much easier to prove, and carries the same penalty. The elements Agg Assault are merely that someone assaults another person with a deadly weapon, or causes serious bodily injury. Easier to prove in court (because you don't have to prove the intent to kill) and it has the same penalty range.
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So one could say that if you plan to kill someone, it is premeditated murder if you succeed, attempted murder if you fail (piss poor planning,) and most likely agg assault if you end up before the court (provided that you didn't leave written notes regarding your plans laying around?) Glad I'm not a DA.
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Premeditation doesn't enter into the offense around here, our state doesn't have anything on that, but yes, it does get confusing. And the DA doesn't actually file any orignal charges too often, anywhere. Most of the work gets done by the investigating officers and detectives. The DA usually files an information with the grand Jury based on that. They will do more leg work before trial, but often most of the investigative work gets done by officers.
Link Posted: 6/13/2003 5:22:50 PM EDT
Unless you have the proven skills say of Annie Oakly,or riggs from Leathal Weapon you will be charged more or less with attempted murder! Only time I would ever try and arm or leg shoot anyone is if they had a knife or club and was far away enough I could drop them before they murdered me with such weapon! Bob [:D]
Link Posted: 6/13/2003 5:44:11 PM EDT
[Last Edit: 6/13/2003 5:48:16 PM EDT by captainpooby]
If you are an LEO like Lon Horiuchi none of those rules apply. Even murder. No shit. Ask Natez.
Link Posted: 6/13/2003 7:03:21 PM EDT
Ditto on that! Bob [:D]
Link Posted: 6/13/2003 7:09:25 PM EDT
Originally Posted By Alex_F: I don't shoot to kill, I shoot to stop. Alex
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Very good Grasshopper, you are from the Commonwealth aren't you. You have the lingo down.
Link Posted: 6/13/2003 8:34:05 PM EDT
I think your average DA would take things like weapon, range and caliber into account before deciding on the specific charges. If, for example, it was a head shot made from 5 feet with a Barrett .50 BMG, the DA very well might go for Attempted Murder. If, on the other hand, the same shot was made with a Jennings .25, you could probably argue that it was a negligent discharge. Not because of the small caliber, but because no one can reasonably expect that particular firearm to actually work. Oh yeah, and if the first example took place in the PRK, you'd be charged with Attempted Murder of everyone within 5 miles. Including but not limited to all passengers in any airplane in the vicinity. So, like, check your airspace, dude. cynic
Link Posted: 6/13/2003 8:41:41 PM EDT
Around here, the shoot to stop was preached for a while. Now it is fire to alleviate the threat.
Link Posted: 6/13/2003 9:00:38 PM EDT
Originally Posted By Pangea:
Originally Posted By Max_Mike: Please look up the word attempted in the dictionary.
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Main Entry: 1at·tempt Pronunciation: &-'tem(p)t Function: transitive verb Etymology: Middle English, from Middle French & Latin; Middle French attempter, from Latin attemptare, from ad- + temptare to touch, try -- more at TEMPT Date: 14th century 1 : to make an effort to do, accomplish, solve, or effect
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No, I don't see what you mean. When a perp shoots someone, his INTENT is to kill them, regardless of the medical practices that can save the victim. "to make an effort to do" means that he tried to do it (murder) and did not succeed. Your logic is skewed.
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