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Discussion Starter · #1 ·
This is just a pet peeve of mine. Just looking for opinions. Or maybe someone can explain it to me if I'm wrong.

Why in the heck do murder and attempted murder have different punishments? Why are they even different charges.

Seems to me that "attempted murder" just means you weren't competent enough to do it right.

If a guy aims a gun at someone's head and pulls the trigger, does the victim miraculously surviving change what the guy did in any way? Does modern medicine make the crime not quite as bad?

Just food for thought.

Dave
 

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It's been a while since I did any criminal law (thank the Lord) but the basic idea behind the separate charges is that although you tried to kill a human being, no one actually died. They want to reserve the highest level of punishment for the actual and intentional wanton death of a person.

It doesn't make much sense to me, either.
 

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Sounds like buzz and I both escaped the crimminal side of this life :smile:

While it can be argued either way, usually the logic is that attempting to do something is not as bad as doing it. One place in life where failure is rewarded, I guess.

In Indiana, the minimum sentencing guidelines don't reward failure all that much though, catch a murder conviction and you will do at least 30, attempt it get at least 20...or so they say.
 

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Bruce, I didn't just escape . . . I made sure I could never get caught up in it. As a private attorney, you might be forced to take a criminal case. Not as a gov't lawyer, though. One side benefit of working for the feds.

During my interview to determine my fitness for the bar, I was asked what I would do if I was ordered to take a child molester's case. My response: "tear up my license on the spot and change careers."
 
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Buzz,
It is a genuine shame that you did not choose to become a judge in state or criminal court.

We could definitely use more lawyers like you.
 

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Buzz got it right. There is no body. Try as you might, you won't get the same result from the jury as you would with a grieving widow with ten kids on the stand. Pricipally, it is the same. Reality is that - I think - we want to provide impetus to allow people to back out at the last second. Sort of like solicitation-conspiracy-attempt law (inchoate crimes). You ask someone to do an illegal act, you have committed the crime of solicitation. You agree with someone to perform a criminal act and you have a conspiracy. Add an overt act to effectuate the object of the conspiracy and you have attempt. Do a good job and you have a murder. Bottom line, it is a "pyramid" of punishment. The criminal realm defies logic. Just coming off two years of defense work, my head is starting to clear. :smile:
 
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