Elements Of A Criminal Act Essay

PAGES
2
WORDS
760
Cite

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...

...

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…

Cite this Document:

"Elements Of A Criminal Act" (2018, October 10) Retrieved April 20, 2024, from
https://www.paperdue.com/essay/elements-of-a-criminal-act-essay-2172989

"Elements Of A Criminal Act" 10 October 2018. Web.20 April. 2024. <
https://www.paperdue.com/essay/elements-of-a-criminal-act-essay-2172989>

"Elements Of A Criminal Act", 10 October 2018, Accessed.20 April. 2024,
https://www.paperdue.com/essay/elements-of-a-criminal-act-essay-2172989

Related Documents

While Louie, Billy, and Smokey can all be charged with federal crimes in relation to the bank robbery, Billy can also be charged with the murdered of his estranged wife. In the case of his murdered wife, the state would be responsible for pressing charges for that crime because the murder was completely separate from the bank robbery. Just because it happened on the same day as the robbery,

Criminal Behavior
PAGES 10 WORDS 2989

Criminal Behavior Approaches to Understand Criminal Behavior Psychological Approaches Sociological Approaches Biological Approaches Psychosurgery Chemical Methods of Control Imagine yourself having a walk in the premises of your house and a stone come flying through the boundary wall and hits you. As a layman, one might face difficulty in defining this incident. It can be termed as an assault, an act of violence or a criminal offence. This is a layman's term to define this act but

(Holmes and Holmes 4)" Like any other processes, systems, and/or methodologies, there are several ones involved also in criminal profiling. The two basic ones are criminal investigative analysis and behavioral evidence analysis. The former "employs the psychological typologies to organize information and construct a profile. The premise holds that elements of the crime scene represent the offender's personality and approach aims to provide the most likely characteristics, both personality and

Criminal Justice: The Death Penalty Reasons for topic selection Causes of racial prejudice and discrimination Juvenile in delinquent society theory Culture and values Official and unofficial values The effectiveness of the death penalty The death penalty is irreversible The death penalty is barbaric Changes to the death sentence Implemented changes Sentencing guidelines Bifurcated trials Automatic appellate conviction review Proportionality review The importance of proposed changes Anticipated outcome Life imprisonment; alternative to death sentences The costs Decency standards Overall efficiency Policies in support of incarceration Conclusion References Background Despite the controversy over how effective it is

When examining both sides of the spectrum, the evidence for the "criminal mind" existing vs. The "criminal mind" not existing, it seems that the evidence supporting the concept of a criminal mind may hold more ground. Individuals come to their state of being in so many different ways that it the idea that their mind is influenced by those different characteristics does not seem that far off from center. Following

Criminal Justice Law enforcement Some things are fundamental to the history and progressive development of human society. The evolution of technology brings with it new challenges in the management of the security of the state. For this motive that law enforcement systems is set in the society to maintain and promote law and order (Law enforcement, 2002). Law enforcement systems act in organized manner, in the process of promoting adherence to the