(Institute/University)
Introduction
Lippman (2012) cites the definition of Fletcher that categorizes ‘attempts’ can be understood as ‘failures.’ For example, a shooter misses the intended victim, robbers are arrested as these leave the scene of the crime, and when a thief fails to steal anything from their victims. In this light, there must be an identification of the factors that determine when an attempt can be considered as a crime. Lippman proffers that there are two primary definitions for criminal attempt: “incomplete attempt” and “complete attempt.”
In this definition, a complete, yet flawed, endeavor is committed when the perpetrator takes all possible steps to execute the crime, yet fails in the actual execution. The above mentioned example of the shooter missing the intended victim can be considered here; if the shooter fails in the attempt, the perpetrator leaves the scene or fails to execute the crime owing to the arrival of law enforcement personnel or due to events that are out of the control of the shooter. There is another category that can be considered in identifying a criminal attempt is the ‘impossible attempt.’ This scenario evinces when the criminal commits a mistake; again, taking the case of the shooter, the criminal aims the gun and pulls the trigger and then realizes the fact that the firearm doesn’t have any bullets.
Magistrates and counselors digress as to the extent that the actions of an individual directed at the execution of a criminal act can be regarded as holding the person as liable in terms in criminal attempt. Generally, cases are considered “closed” when the fact that a shooter actually pulls the trigger that it can be undoubtedly stated that the shooter has intent to murder or inflict ‘grievous harm’ on their victim. In People v Miller, Miller, who was slightly drunk, warned that he was going to kill Albert Jeans; later that day, Miller was seen in the farm where Jeans worked. Miller approached Jeans, who was behind Sheriff Ginochio and the owner of the farm, and then stopped and seemed to load his firearm. However, Ginochio took the gun away from Miller without much resistance; Jeans ran away from the scene. However, the events will show that Miller never raised the weapon to shoot Jeans. The question here was whether there were sufficient grounds to hold Miller liable for criminal intent.
California Law: Attempted and completed murder
Max Wade was sentenced by a California court to serve a life sentence plus an additional 21 years for the crimes of attempted murder and stealing a Lamborghini owned by celebrity host and Chef Guy Fieri (Golgowski, 2014). Here, the various elements that comprises an “attempted killing” and the legal differences the act has with murder. In the operation of California penal law, one can be held culpable for a criminal attempt when the perpetrator commits these steps. One, when the offender has taken at least one “direct step,” though the step failed, in a plan with the end goal of killing another individual or fetus; two, there was an intent to kill the person or the fetus.
A “direct step” necessitates that there was more than just the acts of strategizing, equipping, and setting up the killing; it is the following step that the plan can be executed if there will be no external factors will hinder the attempt. The “direct step” qualification can be from the simple use of the weapon to hiring someone to execute the killing. It is held that if it can be proven that the scheme went beyond mere strategizing, then the requisite will be satisfied (Shouse California Law Group, 2016).
Murder, on the other hand, must show the existence of “malice aforethought,” directed at the mental actuations of the perpetrator. Here, the prosecution must be able to prove “express or implied malice;” the former is defined as the criminal wanted to kill the person. On the other hand, the latter states that the perpetrator acted without any concern for the safety or welfare of another. California law recognizes two types of murder: ‘first degree’ and ‘second degree’ murder. The latter proffers that there was a “deliberate, thought out” plan to kill another and is traditionally used in capital cases; in cases that exacerbating circumstances are not present, then the crime of “second degree murder” is used (Find Law, 2016).
References
Find Law (2016) “California first degree murder laws.” Retrieved 16 March 2016 from <http://statelaws.findlaw.com/california-law/california-first-degree-murder-laws.html
Lippman, G (2012) Contemporary Criminal Law: concepts, cases, and controversies. Thousand Oaks: Sage Publications
Golgowski, N (2014) California teen gets life plus 21 years for crimes including attempted murder and stealing Guy Fieri’s Lanborghini. New York Daily News New York City
Shouse California Law Group (2016) “California ‘attempted murder’ law.” Retrieved 16 March 2016 from <http://www.shouselaw.com/attempted-murder.html#1
