Attempted Murder vs. Murder: Intent, Morality, and the Law
This paper examines the legal and moral distinctions between murder and attempted murder, arguing that because the intent behind both crimes is identical, the two offenses should be treated equally under the law. The paper explores key legal concepts including mens rea (guilty mind) and actus reus (guilty act), and considers how societal morality shapes criminal law. It also addresses related moral controversies such as abortion rights and self-defense killing. Ultimately, the paper contends that when an attempted murder fails due solely to outside circumstances rather than a change of the accused's intent, punishing the offender less severely than an actual murderer is unjust.
- Introduction: The Case for Equal Treatment: Thesis: attempted and actual murder should carry equal punishment
- Defining Attempted and Resulted Crimes: Legal definitions of attempted versus completed crimes
- Morality as the Foundation of Criminal Law: Morality underpins law; controversies in self-defense and abortion
- Mens Rea and the Role of Intent in Murder: Intent, knowledge, and recklessness as components of guilty mind
- Actus Reus and the Distinction Between Murder and Attempted Murder: Guilty act requirement and why murder is a result crime
- Why Attempted Murder Should Be Punished as Murder: Outside factors, not intent, separate murder from its attempt
- Social and Legislative Barriers to Equal Punishment: Public opinion and legislative inertia resist equalizing punishment
✍️ How to write this paper — guide, tools & examples ▾
What makes this paper effective
- It builds its argument systematically, defining key legal concepts (attempted crime, resulted crime, mens rea, actus reus) before applying them to its central claim.
- It situates the narrow legal question within a broader moral framework, connecting criminal law to societal morality in a way that strengthens the argument's philosophical grounding.
- It acknowledges the opposing viewpoint — that equal punishment for attempted and actual murder could lead to overreach — before rebutting it, demonstrating awareness of counterarguments.
Key academic technique demonstrated
The paper effectively uses Latin legal terminology (mens rea and actus reus) as analytical anchors. By carefully defining these terms and then showing that both apply equally to murder and attempted murder, the writer constructs a logical, definition-driven argument rather than relying solely on assertion or emotion.
Structure breakdown
The paper opens with a thesis statement about equal punishment, then lays definitional groundwork for attempted and resulted crimes. It broadens to discuss morality's role in law, introduces and defines mens rea and actus reus, and applies these concepts directly to the murder/attempted murder distinction. It closes by addressing legislative and social obstacles to reform, ending with a forward-looking observation about evolving societal morality.
Introduction: The Case for Equal Treatment
When a person commits a murder, they have not only completed the act but have also engaged in the intent, planning, and implementation of a planned killing. Accordingly, the crime of murder consists not only of the actual killing but also of the steps leading up to it. Intent is therefore an integral factor in the crime of murder. When the crime of murder goes awry and a person's attempt to kill another fails, however, that person is treated differently than an actual murderer — they are charged with attempted murder instead. The only difference between the crimes of murder and attempted murder is the result: a death. The intent and actions of the person are identical; only the outcome differs. Because an intended murder is disrupted by unforeseen factors — and not by any change in the person's conscience — anyone charged with attempted murder should be treated by the legal system no differently than someone who actually commits a murder.
Create your account
Always verify citation format against your institution’s current style guide requirements.