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Saturday, October 31, 2009

Should sentencing for murder and attempted murder be the same or different?

Say someone broke into a home, got into an altercation, stabbed the home owner, then flees, leaving the victim to die. Then someone comes over, sees a person dying, calls 911, and the victim survives.

The perp is caught and tried for attempted murder, and is convicted.

Should the attacker get a lighter sentence, seeing as the person's actions were identical to the actions of a murderer, and the one reason the victim lived was an unbelievable amount of luck that someone happened to show up?
Answer:
In reality they get a lighter sentence, but the intent is there so I think they should get the same punishment. Why should the sentence be lighter because of luck?
They're not the same...
based on the thumbs I'm getting, I'd say we have some dictators here on site, or more like the Inquisition
Sure ??
They should all get the lethal cocktail!!!
no, the intent to kill was always there, that's what should matter in sentencing.
In my opinion they should get the same penalty in the situation you described. But there would be no way of knowing for sure whether or not the victim would have survived if no one had shown up.
Different. Two different crimes should have two different punishments.
They are tried differently, but there are different degrees of murder and attempted murder...1st, 2nd and 3rd degree. Each one carries a different sentence.
/be-heading for either offense
They attempted to MURDER the person. No, they didn't kill them but they tried. Now, I don't think that qualifies for the death penalty but I think it does qualify for life without parole.
It is called frustrated when the person performed all the overt acts necessary for the commission of a crime but for reasons other than his own voluntary desistance the crime was not consummated.

It is consummated when the crime was actually committed.

It is attempted when one did not finish all the acts which will commit the crime, like attempting to stab a person but the thrust is parried.

An attempted crime has lesser penalty, with the consummated crime, the harshest. Frustrated ones have penalties higher than attempted but less than consummated ones.
The perp should be tried the same as if murder had been committed, it was sheer good luck that his victim survived.

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