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Thread: A serious question for the attorneys and those with legal backgrounds

  1. #11
    Teh Acester Texas Ace's Avatar
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    Quote Originally Posted by Iamtdg View Post
    I agree. Just because someone fails doesn't mean they should be treated differently from one that actually succeeds. But, it's a slippery slope, and would give the courts and prosecution a crap ton more power.
    Right.

    Because it fails doesn't mean there wasn't an attempt to kill someone.

    You're not trying to harm someone when you shoot them 8 times. I think it's pretty clear that you're trying to kill them.
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  2. #12
    Senior Member L.T. Fan's Avatar
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    Quote Originally Posted by 1bigfan13 View Post
    I understand the definition between the two. My point is if it can be proven that you intentionally tried to kill someone the punishment should be the same as if you actually carried out the act of killing someone.
    I understand. If the act was premeditated it can be intent but if it was spontaneous it lacks intent. That is essentially how the system breaks it down. There are caveats to that but it is pretty much the starting point.
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  3. #13
    Banned Jiggyfly's Avatar
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    I think you are looking at this wrong 1 Big.

    The problem is not the charge it's the sentencing, you can get a long sentence for attempted murder just like you can get 10 years for murder if it's a plea or other circumstances.

    As long as you have plea deals and non-mandatory sentences this will always be an issue.

  4. #14
    Senior Member L.T. Fan's Avatar
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    Quote Originally Posted by Iamtdg View Post
    I didn't say it was premeditated. But, it could still be attempted murder. Just because it's spur of the moment doesn't mean the asshole didn't try to kill the cop.
    True but he may not have beforehand and with malice intended his death. It will vary from state to state but a general application is beforehand or spontaneous or continuing spontaneous actions. Sometime circumstances escalate from an action that causes one to react to cause harm or death but it wasn't a beforehand or premeditated action.
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  5. #15
    Senior Member 1bigfan13's Avatar
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    Quote Originally Posted by L.T. Fan View Post
    True but he may not have beforehand and with malice intended his death. It will vary from state to state but a general application is beforehand or spontaneous or continuing spontaneous actions. Sometime circumstances escalate from an action that causes one to react to cause harm or death but it wasn't a beforehand or premeditated action.
    I understand that there is clearly a difference when a crime is committed spontaneously or in an act of passion.

    I'm actually more lenient in those instances.

    But in premeditated instances such as when one spouse takes a $1M life insurance policy out on their husband/wife then cuts his/her brake line a week later, if the other party happens to survive the crash, I'd have not problem at all if the sentences that come with capital murder charges are on the table as a possible punishment for the defendant.

    Thanks for the feedback, though. I just wanted to get other thoughts on this subject.
    Last edited by 1bigfan13; 08-01-2015 at 09:51 AM.

  6. #16
    Senior Member L.T. Fan's Avatar
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    Quote Originally Posted by 1bigfan13 View Post
    I understand that there is clearly a difference when a crime is committed spontaneously or in an act of passion.

    I'm actually more lenient in those instances.

    But in premeditated instances such as when one spouse takes a $1M life insurance policy out on their husband/wife then cuts his/her brake line a week later, if the other party happens to survive the crash, I'd have not problem at all with capital murder charges being brought up on the offending spouse.

    Thanks for the feedback, though. I just wanted to get other thoughts on this subject.
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  7. #17
    Senior Member NoDak's Avatar
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    Quote Originally Posted by L.T. Fan View Post
    This is not a legal definition.
    GTFO. Seriously?

  8. #18
    Senior Member L.T. Fan's Avatar
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    Quote Originally Posted by NoDak View Post
    GTFO. Seriously?
    Seriously. It's a legal premise. Each state makes it's own legal definition.
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  9. #19
    Senior Member Clay_Allison's Avatar
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    My prison has a guy who has done 23 years for attempted murder and I've seen murderers get out after serving less time.

  10. #20
    Senior Member Cowboysrock55's Avatar
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    It's because there is more to a punishment then to just deter people from committing the crime in the future. There is always a retribution component to the punishment a person receives. It's why the legal system takes into consideration a victims input during sentencing.

    I guess what I'm getting at is that when a person dies it requires a greater punishment because of that component of it.

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