Should attempted murder and murder carry the same charges?

[pallidin]

Should the intent of an attack be that of murder, yet not result in it, the "penalty phase" of attempted murder is very similar to actual murder in many jurisdictions.

 

[pallidin]

Slightly off-topic, there are conditions where killing another is not considered "murder"
"Justifiable homocide" is a "special circumstance" allowed by federal law as a viable defense.

This would include such matters as killing a violent home intruder, violent rapist, etc...

 

[pallidin]

In the case of a non-violent assault, the victims reaction must be non-lethal in most, but not all, states.
The over-riding rule, accepted in all courts, is that if the victim reasonably presumes a threat of death or great bodily harm, the victim is allowed any and all measures to stop the attack, including lethal consequence to the attacker.

 

[Darken-Sol]

In the case of a non-violent assault, the victims reaction must be non-lethal in most, but not all, states.
The over-riding rule, accepted in all courts, is that if the victim reasonably presumes a threat of death or great bodily harm, the victim is allowed any and all measures to stop the attack, including lethal consequence to the attacker.

the castle law. texas says i can kill some one on my land for being there w/out my permission.

 

[arildno]

the castle law. texas says i can kill some one on my land for being there w/out my permission.

Indeed.
And that is why, I think, Pallidin made the qualification:

"In the case of a non-violent assault, the victims reaction must be non-lethal in most, but not all, states."