Poll: What's The Difference Between Attempted Murder And Murder?

[brunothepig]

I mean apart from the person being murdered. What I'm getting at is, is it right to level a different sentence at someone simply because they failed at what they intended to do? The intent is still the same. That person is still as dangerous to society as a murderer. Should the deed itself be punished, or the intent and mindset behind it?
I think that attempted murder and murder should carry the same sentence. Obviously not always, not every case is clear cut. But sentences differ from case to case. In a scenario where there's two people, one murdered a complete stranger, the other tried to but was fought off. Is the first person any worse than the second?
I'm starting to repeat myself now, so basically, should they be considered practically the same thing in a court of law, why or why not?

 

[ClaptonKnophlerHendrix]

No, anyone who commits attempted murder should be given the death sentence to better the gene pool. Honestly, if you can't even manage to kill someone...

 

[Klumpfot]

I don't think they should carry the same sentence, because proving intent is too subjective. I don't think there should be extra harsh sentences dealt out for "hate crimes" either, but that is another discussion.

If someone after an argument about hockey gets his/her neck broken in a regular bar fight and lives, that tends not to be sentenced as an attempted murder, but it may well -have- been. If I, on the other hand, damage the spine of someone I found in bed with my wife, it would probably be called an attempted murder, whether or not I claim I just wanted to hobble the guy so he wouldn't do that anymore.

 

[Mr Cwtchy]

I think the sentences for pre-meditated attempted murder and actual PM murder should be the same. The only difference being that the victim got lucky, overpowered the attacker, the bullet missed, the knife missed the vital organs, etc. The person should be imprisoned just as long to protect the public.

Someone who has attempted murder is just as dangerous as a person who actually managed it.

 

[TheComedown]

You missed.

It does depend on the case, but i do think that that 99% of the time the sentence should be the same, the only difference between attempted murder and actual murder is you missed.

 

[Macgyvercas]

Kind of a gray area. I'm sure there was a reaosn for having them distinct from each other, but I can't think of anything.

I'd reccomend talking to the Escapist's resident cop, Ace of Something.

 

[ENKC]

Well, there may not be degrees of 'dead' but there are degrees of 'attempting'. Someone might have tried, then changed their mind part way through. Others may not have stopped trying. So those circumstances would tend to have some bearing, although I'm not placed to comment on the actual legal implications.

 

[Raven's Nest]

They are separate because the consequences of actions are greater than intent. This is why the manslaughter charge exists. A person driving recklessly may not have intended for someone to die in a resulting car crash but he should be held accountable for that death on a higher charge than dangerous driving. Also someone who had a hand to hand fight with someone may not have intended to kill them when their head bounced off the curb...

 

[slowpoke999]

I don't think they should carry the same sentence, because proving intent is too subjective. I don't think there should be extra harsh sentences dealt out for "hate crimes" either, but that is another discussion.

If someone after an argument about hockey gets his/her neck broken in a regular bar fight and lives, that tends not to be sentenced as an attempted murder, but it may well -have- been. If I, on the other hand, damage the spine of someone I found in bed with my wife, it would probably be called an attempted murder, whether or not I claim I just wanted to hobble the guy so he wouldn't do that anymore.

Gee, maybe you should be more mad at the person you entered a relationship with cheating with you then a random stranger.Seriously if your wife caught you cheating on her with another women it's not her ovaries your wife is going to be cutting off. I know this is hypothetical, but adultery is nowhere near as bad as hurting someone.

 

[Shpongled]

Of course it should carry a different sentence. As has been said, the actual consequences of the actions of the defendant are equally as important as the intent. Someone dying is a far worse consequence than someone not dying.

Not to say Attempt should never receive life, but there are circumstances that would qualify for an Attempt where a life sentence would simply be unjust.

 

[Jedoro]

No, anyone who commits attempted murder should be given the death sentence to better the gene pool. Honestly, if you can't even manage to kill someone...

QFT

I can think of a few fail-proof ways to kill someone right now, and not even using a gun.

 

[Corvuus]

attempted murder is all about actions taken. Shooting at a person and missing -> attempted murder.

Pointing a gun at someone and doing nothing -> not attempted murder (by definition apparently).

Personally, I don't quite see the difference.

Anyway, murder is a mandatory life sentence. Attempted murder can also give life sentence but, due to mitigating circumstances, etc. could be less. So it is quite possible for a murderer and attempted murderer to get the same sentence.

Corv

 

[Jfswift]

They should carry the same sentence. Whether the individual failed or not at attempting murder, the intent is still there, and they're still a danger to society.

 

[Queen Michael]

"Attempted murder? Do they give Nobel prizes for "attempted chemistry"?"

But yeah, I don't get why there's a difference either.

 

[Hawk of Battle]

I think the more pressing concern is; How famous do you have to be before "murder" becomes "assassination?" Cos I've never understood that one.

 

[IAmALawyer]

So all you kids who think attempted murder should carry the same sentence as murder:

What if it's physically impossible for the attempt to succeed?

As in the following situations:

1. You take your gun and plan to shoot someone while he is sleeping. You enter your target's house at 1 am. You see his form in bed, in a dark room. You see his head and shoot it.

Little did you know that an hour earlier, at 12 am, some other guy was there first and held a pillow over your target's face until he died. You shot a dead body, but in the darkness you didn't know.

You should be punished the same as the first guy?

2. The same situation as above, but you didn't realize that your gun was loaded with blanks. You pulled the trigger and fired a blank cartridge that was a lot of sound and light, but no actual bullet. Should you still be punished for murder?

3. Different scenario: Mary Sue is a 12 year old girl who really hates her math teacher. Mary Sue believes in magic - like actual witchcraft. Her parents are kinda weird and have given her some weird ideas about how the world works, and Mary Sue thinks she's seen magic heal and hurt people before. So Mary Sue does what she thinks is a magic ritual that will curse her math teacher and lead to his quick death. Obviously, nothing ever happens and he never dies. Should she still be prosecuted for murder?

I should go ahead and tell you right now - those are all actual examples of attempted murder under the law. I'd say most of you kids who think "attempted murder should always be punished the same as murder" haven't thought through all the actual possibilities - of which there are an infinite number of variations.

The fact is effects do actually matter, and a huge problem in the law is what to do with people who have good intentions but end up causing harm. But frankly most of you aren't smart enough or well-read enough to formulate an intelligent answer to these questions. I'd at least start with doing some basic reading before you go on to forums and spout crap about crime and punishment.

 

[VincentX3]

attempted murder is all about actions taken. Shooting at a person and missing -> attempted murder.

Pointing a gun at someone and doing nothing -> not attempted murder (by definition apparently).

Personally, I don't quite see the difference.

How can you NOT see the difference?

It's not the same pointing a gun at someone, and not firing it
(Ex: Self-defense if they try to rob you)

than pointing it at someone, shooting and missing.

Just because they point a gun at you doesn't mean that it's always a murder attempt.

 

[Marter]

I think they warrant the same penalty if you are convicted, but I suppose it should on a case by case basis.