Elements of a Criminal Act

Elements of a Criminal Act: Analysis
1.
An attempted murder can be interpreted as the incomplete or the unsuccessful attempt to take someone’s life. This is a serious crime that will most probably lead to imprisonment for the perpetrator. Although attempted murder is characterized by the obvious attempt on someone’s life some situations can lead to the dismissal of an attempted murder case of even attract a lesser penalty (Attorneys.com, 2018). The outcome of an attempted murder trial has a lot to do with how the defense lawyer argues out a case just as it has a lot to do with the evidence availed in court (Attorneys.com, 2018). A defense lawyer will do everything in their power to help the court understand why the ensuing situation was not an attempted murder. The state attorney on the other hand will provide evidence that proves beyond reasonable doubt that there was an intention and motivation to commit murder.
There are two elements that constitute attempted murder in many jurisdictions. The first one is the action by the offender to kill someone. The second element is action with an intention to kill another person (Attorneys.com, 2018). Any action that is taken in the interest of killing another person is considered a direct attempt at them. The mere action of preparing to take someone’s life or planning the action may not be sufficient enough to constitute attempted murder. There has to be some direct action that may entail the use of a rifle or any other weapon against another person. There also must be action such as firing the weapon towards the intended target and inflicting some serious wounds that would most probably result to their death (Attorneys.com, 2018). A direct quote of the law by Cornel Law School (n.d) states that any person within the territory and jurisdiction of the U.S. who makes an attempt at murdering another person shall be imprisoned for a period that does not exceed 20 years or/and otherwise fined in accordance to the law.
According to the common law on murder crimes a person is considered to commit murder when they have a malicious aforethought towards the plan. Malice is satisfied in 4 ways and they are: One is the killing intention. This happens to be the only category that qualifies as express malice. Implied malice entails intention to inflict bodily harm on another person. Recklessly disregarding human life and its value is another way of exuding malice. The last form of malice is when someone dies following the attempt to commit the felony act.
Clearly there was malice and intention to kill from Patrice. It can be proven that Patrice had the plan, the strategy and a state of mind that was endangering. Patrice satisfied the two conditions of action and intention as elaborated by Attorneys.com (2018). Based on clear reading of the law there is no doubt that Patrice acted with malice and had succeeded in accidentally killing Angela (Angela was Collateral damage). The only thing that saved Kayla was the malfunctioning rifle. The court must have erred in granting the motion. There was no impossibility in this case. The attempt at Kayla was complete by the mere fact that Patrice took the action of shooting the rifle. An incomplete attempt is one where the plan and strategy to kill someone is not followed through. In this case Patrice followed through with the plan to the very end.
2.
Using impossibility as the ground to dismiss an attempted murder case like this one is scandalous and unacceptable. On morality, there is no doubt in the mind of the judge that Patrice is in a state of mind that is dangerous. There is also no doubt that Patrice acted with malice and with intention to kill. Patrice followed through with the plan. Angela was the collateral damage. Thanks to the malfunctioning rifle Kayla is still alive. Allowing Patrice to go free on the grounds of impossibility damaged the moral standing of the court because it was obvious that Patrice is a murderer. Any court must act in the best interests of the people. Patrice is a criminal element with malicious intention. The correct ethical decision was to put Patrice in a correctional facility. The law cannot be used to defeat justice.
References
Attorneys.com (2018). Legal Articles Homicide. Retrieved 8, September,2018, from http://www.attorneys.com/homicide/attempted-murder-charges-and-penalties
Cornel Law School (n.d). 18 U.S. Code § 1113 - Attempt to commit murder or manslaughter. Retrieved 8, September,2018, from https://www.law.cornell.edu/uscode/text/18/1113