Bert and Jack Scenario
Jack and the Attempted Murder Charge
Colleen Garland
CJ230: Criminal Law for Criminal Justice
Kaplan University
11/9/2014
Abstract
This essay will look at the case of Jack, who was charged with the attempted murder on Bert, and the subsequent dismissal of the charge. The difference between an incomplete and a complete attempt will be discussed along with the impossibility defense. The length that a defense attorney should morally and ethically go to in order to provide an adequate defense for their client will also be looked at.
Jack and the Attempted Murder Charge
While Bert and Pratt are sitting in a car, Jack comes along with a gun in his hand and tries to shoot Bert. He misfires and accidentally shoots Pratt, killing him. When Jack tries to shoot Bert again, his gun malfunctions and he flees the scene. Although Jack was charged with the attempted murder of Bert, his attorney fought the charges and the court dismissed the charge of attempted murder. In order to understand the court’s ruling, one must have knowledge of the elements that comprise an attempt of a criminal act, the difference between a complete and an incomplete attempt, and the impossibility defense.
Elements of a Criminal Act
There are three major elements that are required to be present in order for an attempt of a criminal act to take place. The first is the actual intent to commit the crime itself. The second element states that there must be an act or acts that take place towards committing the crime. Lastly, the attempt at the crime must have failed (Lippman, 2012, p.178). Along with the three elements, both mens rea and actus reus must be present. There are two determining factors when deciding if mens rea is present: the intent to commit the crime and intentionally performing acts that come close to completing the crime (Lippman, 2012, p.178). In addition there are three tests to determine if there is actus reus present. The first test is the physical proximity test. This
Colleen Garland
CJ230: Criminal Law for Criminal Justice
Kaplan University
11/9/2014
Abstract
This essay will look at the case of Jack, who was charged with the attempted murder on Bert, and the subsequent dismissal of the charge. The difference between an incomplete and a complete attempt will be discussed along with the impossibility defense. The length that a defense attorney should morally and ethically go to in order to provide an adequate defense for their client will also be looked at.
Jack and the Attempted Murder Charge
While Bert and Pratt are sitting in a car, Jack comes along with a gun in his hand and tries to shoot Bert. He misfires and accidentally shoots Pratt, killing him. When Jack tries to shoot Bert again, his gun malfunctions and he flees the scene. Although Jack was charged with the attempted murder of Bert, his attorney fought the charges and the court dismissed the charge of attempted murder. In order to understand the court’s ruling, one must have knowledge of the elements that comprise an attempt of a criminal act, the difference between a complete and an incomplete attempt, and the impossibility defense.
Elements of a Criminal Act
There are three major elements that are required to be present in order for an attempt of a criminal act to take place. The first is the actual intent to commit the crime itself. The second element states that there must be an act or acts that take place towards committing the crime. Lastly, the attempt at the crime must have failed (Lippman, 2012, p.178). Along with the three elements, both mens rea and actus reus must be present. There are two determining factors when deciding if mens rea is present: the intent to commit the crime and intentionally performing acts that come close to completing the crime (Lippman, 2012, p.178). In addition there are three tests to determine if there is actus reus present. The first test is the physical proximity test. This