Attempted Homicides: A Complex Legal Landscape

Attempted homicide, also known as attempted murder, refers to when someone tries to kill another person but fails to complete the act. It’s a very serious crime that carries severe penalties, but also involves a lot of nuances and complexities from a legal perspective. Let’s take a closer look at some of the key issues surrounding attempted murders.

First off, what exactly constitutes an attempted homicide from a legal standpoint? Generally speaking, the perpetrator must take a substantial step towards committing the murder, beyond just planning it out. Buying a gun or gathering supplies could be considered preparation, but won’t necessarily be enough on their own to prove attempted murder. There needs to be evidence that the person directly tried to kill the victim, such as by shooting at them and missing, or putting poison in their food which didn’t end up being fatal. The intent is also crucial – there needs to be evidence that the perpetrator meant to kill, not just injure or scare, the victim[1].

Proving intent can be one of the trickiest parts of an attempted murder trial. Unlike with completed murders, you can’t rely on the end result (a dead body) to demonstrate intent – you have to look at the circumstances and evidence. Things like prior threats, history of violence, type of weapon used, and location of injuries can all come into play. But there’s often a subjective element to interpreting “intent” that makes these cases complex[2].

There are also some unusual legal scenarios that can come up with attempted homicides. For example, is it possible to attempt “impossible” murders – like trying to kill someone using fake poison or an unloaded gun? In many jurisdictions, yes! The focus is on the intent and actions of the perpetrator, even if there was no actual risk to the victim[1]. But in some states, factual/literal impossibility can be a defense against the charge.

The issue of “abandonment” can also be tricky – when a perpetrator starts to commit the murder but then stops or is prevented from completing it. Typically they can still be charged with attempted homicide, but in some cases, abandoning the crime voluntarily (not due to outside intervention) can be a mitigating factor. The law wants to create an incentive for people to stop themselves from committing murder[3].

Then there are questions around things like attempted felony murder – when someone dies accidentally during the commission of a dangerous felony like robbery or arson. Even though there was no specific intent to kill, a perpetrator can sometimes be charged with attempted murder in these cases[4]. There are also debates around sentencing – should attempted homicide carry the same penalties as completed homicide? Most jurisdictions say no, but set the penalties quite high regardless.

Mental state is another consideration – whether the perpetrator was sufficiently “sane” and could form the requisite intent. Intoxication or mental illness could potentially provide a defense against the intent aspect. There are also scenarios like attempted “murder-suicide” cases – whether trying to kill someone else along with yourself should be treated differently[5].

Overall, attempted murder cases require prosecutors to tell a compelling story about actions and intent when there is no dead body or smoking gun. The defense will look for any evidence of abandonment, impossibility, lack of capability or sanity, or anything else that could undermine the idea that the perpetrator deliberately tried to end someone’s life. With so many variables at play, no two attempted homicide cases are quite alike.

The stakes are always high when someone’s life is on the line, even if they survived the attempt. Sentences are typically severe, but also allow more discretion than completed homicides. Attempted murder laws aim to strike a balance – deterring and punishing those who fully meant to kill, while recognizing that human beings sometimes regret their split-second violent impulses. This complex intersection of criminal justice and human psychology is what makes attempted homicide such a thought-provoking phenomenon.

While the legal definition may seem straightforward on paper, real-life attempted murder cases are anything but simple. The often murky evidence surrounding a perpetrator’s true intent, actions, mental state and circumstances ensures that charges of attempted homicide will continue to be vigorously contested in courtrooms for years to come.