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Posted: 6/13/2003 9:23:12 AM EDT
[#1]
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.... |
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Posted: 6/13/2003 9:24:13 AM EDT
[#2]
Please look up the word attempted in the dictionary.
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Posted: 6/13/2003 10:09:25 AM EDT
[#3]
Quoted: Please look up the word attempted in the dictionary. 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 See what I mean? If your intent wasn't murder then how can an act that more times than not doesn't end in death be called attempted murder? |
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Posted: 6/13/2003 10:47:35 AM EDT
[#4]
Shoot someone=attempted murder?
------------------------- makes sense to me. |
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Posted: 6/13/2003 10:52:14 AM EDT
[#5]
I don't shoot to kill, I shoot to stop.
Alex |
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Posted: 6/13/2003 11:44:33 AM EDT
[#6]
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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Posted: 6/13/2003 11:52:47 AM EDT
[#7]
Mossberg 590 and such will solve the attempted part of the equation. Jason
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Posted: 6/13/2003 12:16:45 PM EDT
[#8]
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. |
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Posted: 6/13/2003 12:16:57 PM EDT
[#9]
Quoted: 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. 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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Posted: 6/13/2003 12:22:59 PM EDT
[#10]
Quoted: Quoted: 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. 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. 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. |
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Posted: 6/13/2003 5:22:50 PM EDT
[#11]
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] |
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Posted: 6/13/2003 5:44:11 PM EDT
[#12]
If you are an LEO like Lon Horiuchi none of those rules apply. Even murder. No shit.
Ask Natez. |
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Posted: 6/13/2003 7:03:21 PM EDT
[#13]
Ditto on that!
Bob [:D] |
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Posted: 6/13/2003 7:09:25 PM EDT
[#14]
Quoted: I don't shoot to kill, I shoot to stop. Alex Very good Grasshopper, you are from the Commonwealth aren't you. You have the lingo down. |
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Posted: 6/13/2003 8:34:05 PM EDT
[#15]
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 |
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Posted: 6/13/2003 8:41:41 PM EDT
[#16]
Around here, the shoot to stop was preached for a while. Now it is fire to alleviate the threat.
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Posted: 6/13/2003 9:00:38 PM EDT
[#17]
Quoted: Quoted: Please look up the word attempted in the dictionary. 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 See what I mean? If your intent wasn't murder then how can an act that more times than not doesn't end in death be called attempted murder? |
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