Unit 3 Assignment 1 Criminal Justice

Attempt to Commit a Murder

Elizabeth Vargas Whaley

AIU Online

March 2, 2014

Abstract

The purpose of this paper is to explain the elements of murder and what is needed in order to convict someone of attempt to commit murder. The term will be explained and will be explained to see if Mr. Assin a new client of the firm is responsible or not.

Attempt to Commit a Murder

What is attempting to commit murder and how can we know if a person is guilty of it or not. In order for a person to be guilty of attempted murder, that person should have deliberately, intentionally or recklessly with extreme disregard for human life, attempted to kill someone. There should be some substantial step towards committing the crime. In this case there is no evidence that he deliberately wanted to do what he is accused for.

In order to be convicted of attempted murder, a prosecutor must show that the accused took a “direct step” towards killing the targeted victim. Courts have explained the requirement for a direct step by stating that a person must go beyond merely preparing to commit the crime, and instead cross over into actually perpetrating it. Preparation is thinking about committing the crime, talking about it, or otherwise planning to do it, while perpetration is taking an action that puts the plan in motion and that would result in the intended killing.

In this case Mr. Assin did not communicate with Sally beforehand. He had no idea who she was and what was going on. She thought she was talking to the contact person when it was not.

Having analyzed the definition of attempt to commit murder and the facts it can be said that Mr. Assin did not commit a crime. The police know who the undercover contact was and what was he was supposed to do. No charges should be filed against Mr. Assin and strongly believe he should be entitled to some restitution for all the misunderstanding.

References

law cornell. (n.d.). Retrieved 02 28, 2014, from...