Should attempted murder and murder carry the same charges?

  • Thread starter Thread starter wolram
  • Start date Start date
Click For Summary
SUMMARY

The discussion centers on whether attempted murder and murder should carry the same legal charges. Participants argue that the intent to kill is a critical factor, asserting that both planned murder and attempted murder should be treated similarly, regardless of the outcome. The consensus suggests that the severity of punishment should reflect the intent and planning involved, while the actual effect on the victim should also influence sentencing. The distinction between murder and manslaughter is highlighted, particularly in the context of intent and the circumstances surrounding the act.

PREREQUISITES
  • Understanding of criminal law principles, particularly regarding murder and manslaughter.
  • Knowledge of the legal definitions of first, second, and third degree murder.
  • Familiarity with the concept of intent in criminal actions.
  • Awareness of how felony murder rules apply in various jurisdictions.
NEXT STEPS
  • Research the legal definitions and implications of first, second, and third degree murder in your jurisdiction.
  • Study the concept of felony murder and its application in criminal cases.
  • Examine case law that illustrates the distinction between murder and manslaughter.
  • Explore the role of intent in criminal law and how it affects sentencing outcomes.
USEFUL FOR

Legal professionals, law students, and individuals interested in criminal justice reform will benefit from this discussion, particularly those examining the nuances of murder charges and the implications of intent in legal proceedings.

  • #31
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.
 
Physics news on Phys.org
  • #32
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...
 
  • #33
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.
 
  • #34
pallidin said:
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.
 
  • #35
Darken-Sol said:
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."
 

Similar threads

  • · Replies 21 ·
Replies
21
Views
10K
  • · Replies 67 ·
3
Replies
67
Views
11K
  • · Replies 11 ·
Replies
11
Views
5K
  • · Replies 10 ·
Replies
10
Views
4K
  • · Replies 3 ·
Replies
3
Views
974
  • · Replies 9 ·
Replies
9
Views
2K
  • · Replies 8 ·
Replies
8
Views
1K
  • · Replies 40 ·
2
Replies
40
Views
7K
  • · Replies 2 ·
Replies
2
Views
2K
  • · Replies 50 ·
2
Replies
50
Views
7K