The assassin lies in wait; the rifle is now in position. The victim is in sight, only a few yards separate them. The assassin places his right finger on the trigger. He takes a deep breath and pulls the trigger back. The ‘victim’ carries on, oblivious to the fact that a defective riffle has saved his life. An attempt to commit a serious crime but to what extent should the assassin be punished to, after all he did try and take a life. Shouldn’t he be punished as severely as though he had completed the crime? Most legal theorist would conclude in saying: Yes.
This paper will discuss and conclude obtaining a lesser punishment for attempted crimes is inappropriate and unjust. With the use of strong literature and current laws this paper provides arguments for and against the punishment of attempt crimes.
The definition for attempt crimes would depend on the state however generally attempt crimes occur when an individual has actual/specific intent to commit a crime (Reuters, T 2012). According to the Criminal Attempts Act, 1981 a person can be found guilty of an attempt if they have the ‘ intent to commit and an offence, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.’ Attempt crimes are usually incomplete, therefore it is up to the jury/judge to establish the intent of an individual. Depending on which jurisdictions the crime has taken place the actions for an attempted crime must go beyond ‘mere preparation’ for the offense. However there are some country’s that allow convictions based on the actions towards completing a crime.
On the other hand defining crime itself is a very multifaceted task due to the different knowledge and social ...
... middle of paper ...
...ve the correct punishment and may not even consider the social good like prevention of the dangerous act. Surely if I was to initiate a plan to rob a bank and fail I would be morally blameworthy as if I had completed the crime.
This would imply that if the punishment is to be considered morally blameworthy then what I should deserve for my attempt should be the same as if I had succeeded. Therefore according to this principle the level of punishment one should endure should be determined by what the defendant attempted to-do not what the outcome was. It is then becomes clear that completed attempts should have the same punishment as substantive offences. It can also be reasonably stated that the attempter may have the same character trait as a substantive offender, this supports the rational reason in using the same punishment for both attempt and completed crimes.
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