Attempted Murder and Criminal Acts

1050 WordsJul 12, 20185 Pages
In this essay, I will describe the elements of a criminal act, address the law of factual impossibility, the law of legal impossibility, and distinguish whether the alleged crime in the scenario is a complete but imperfect attempt or an incomplete attempt. I will address the ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility. The court was clearly wrong to dismiss the charge against Jack of attempted murder of Bert. A crime consists of an actus reus and a mens rea, in order to obtain a conviction of a criminal charge there must be a concurrence between the actus reus and mens rea. The elements of a criminal act…show more content…
Transferred intent is when an individual has the intent to cause harm to one person but injures another one instead (Lippman, 2012). In order to meet the requirements of transferred intent, two questions must be asked and both questions must have a “yes” to apply transferred intent. The first question: If contact had been made with the intended object (Bert), would there have been a crime (National Paralegal College, 2014)? The answer is yes, there is a crime against pointing and firing a gun at a human being and first degree murder. The second question: If the object with which contact was made (Pratt) had been the intended target, would there have been a crime (National Paralegal College, 2014)? The answer here is yes (first degree murder). Under the legal doctrine of transferred intent, Jack is still liable for the intentional crime he intended to commit against Bert, although, Jack mistakenly committed a crime against Pratt. The defenses to attempt are: factual impossibility and legal impossibility. Jack’s attorney is attempting to assert factual impossibility to have the charges of the attempted murder of Bert dismissed due to an extraneous factor (gun malfunction), which is unethical. Factual impossibility is when a person does everything in their power to complete the target crime, but fails
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