Murder and Attempted Murder In a hypothetical situation a woman meets a man at a bar and engages in a limited conversation with him. The woman is seeking someone to kill her husband and was supposed to meet an undercover agent she met on the internet to pay him for murdering her husband. The woman and the undercover agent had specific identifiers in place so they could tell who and what the rendezvous was for. Unfortunately these identifiers are very common language at any common bar on any given night. The man is subsequently arrested by officers involved in the undercover sting operation for attempted murder with no mention of the woman thereafter. Murder and the conspiracy to commit murder, are serious criminal offenses in the United States and in most countries across the world. Murder Murder is the act of taking a life of a human being by another human being. In many states murder is known to have more than one degree of severity according to the circumstances leading up to the crime. Murder in the first degree includes elements of malice, premeditation, and extreme brutality. It carries the harshest penalties upon successful conviction including life imprisonment or capital punishment. Second degree murder is murder committed with malice but without premeditation. Manslaughter is said to be a murder committed without premeditation or malice, and often resulting from fits of passion inducing what can be construed as altered states of consciousness affecting one’s better judgement (murder, 2008). Most states have two degrees involving murder. Florida, Minnesota, and Pennsylvania currently have three. Some states do not recognize differing degrees of murder. Self defense and necessity often justify the use of lethal force should the opportunity present itself for an individual to defend themselves against a would be murderer. Lack of capacity for criminal responsibility has also been used as a defense in criminal proceedings for those charged with murder who have mental health issues (murder 1,1996). Attempted Murder An individual can also be charged with murder, or conspiracy to commit murder, if they are proven to have taken certain steps towards committing a murder (Felony Murder, 2002). In order for a person to be found guilty of attempted murder they must be found to have taken certain steps that demonstrate a deliberate and intentional disregard for human life. The burden of proof involving a successful conviction would involve evidence indicating premeditation or a plan that resulted in the loss of life of another human being. This might be in the form of audio and visual recordings of negotiating contracts for hiring an individual to murder someone or any conduct intended to cause the death of a victim such as having a deadly weapon at hand during the attempt at murder. The recordings must be approved beforehand by a judge because it is illegal to record audio conversations without permission or through a judge issuance of a warrant which is considered wiretapping.These examples demonstrate to a jury that the assailant had intent to terminate the life of another and produces a legal construct to the court of the events leading up to a potential murder scene. Sally and Mr. Assin Mr. Assin did not conspire to kill Sally’s husband. Unless proof can be shown that he made a contractual verbal agreement in common language devoid of cloak and dagger antics stating that he agreed to kill Mr. Sally for a certain amount of money he has committed no crime other than being in the wrong place at the wrong time. Furthermore, the officers conducting the undercover operation would find it better suited to the courts needs to clarify their instructions when setting up a meeting place and code words so as not to be vague and arrest the wrong person for an offense. Because of this mistake a potential murderer has escaped prosecution. References Felony Murder. (2002). In World of Criminal Justice, Gale. Retrieved from credoreference.proxy.cecybrary/entry/worldcrims/felony_murder murder. (2008). In The Columbia Encyclopedia. Retrieved from credoreference.proxy.cecybrary/entry/columency/murder murder 1. (1996). In Merriam-Webster’s Dictionary of Law. Retrieved from credoreference.proxy.cecybrary/entry/mwdlaw/murder_1
Posted on: Thu, 18 Sep 2014 01:05:08 +0000
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