October 23 Notes and Briefs

October 23 Notes and Briefs - Inchoate Offences Attempt...

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October 23, 2008 Inchoate Offences: Attempt Conspiracy Solicitation B. Attempt Don’t punish for the act alone. The action of loading a weapon is ambiguous Actus reus of sitting in a bush with a gun heightens her mens rea and dealing with an attempt. If we wait, we are creating more danger for the victim. 1. General Principles Many American jurisdictions now make specific provisions for the punishment of attempts to commit certain offences and almost all over the rest of the field with a general attempt statute. General statutes cover attempts to commit any felony or misdemeanour. D cannot be convicted of both a completed offence and an attempt to commit it. All jurisdictions treat attempt as a lesser included offence of the completed crime. Many jurisdictions have held that D may be convicted of the attempt if the state proves the completed crime and several states so provide by statute. The primary function of the crime of attempt is to provide a basis for law enforcement officers to intervene before an individual can commit a completed offence. 3. Mens Rea People v. Gentry Appellate Court of Illinois, 1 st District, 1987 Law: A person commits a crime of murder where he kills an individual if, in performing the acts which cause the death, he intends to kill or do GBH to that individual; or he knows that such acts will cause death to that individual; or he knows that such acts create a strong probability of death or great GBH to that individual. Facts: G and his gf were in the apartment they shared and began to argue. During the argument, G spilt gas on gf and it ignited when she went over to the stove. G smothered the flames with a coat, but only after gf had been severely burnt. They both had been drinking all after noon. Reasoning: Finding of specific intent to kill is a necessary element of the crime of attempt murder. Instruction to the jury must make it clear that specific intent to kill is the pivotal element of that offence and intent to do GBH or KWSC of D’s act may result in death or GBH, is not enough. The State makes no distinction between the intent of murder and the intent of AM. Issue: What is the mens rea for attempted murder? Procedure: Convicted of attempted murder Holding: Reverse D’s conviction and sentence. Notes from the Case: Mens rea requires the specific intent to commit that crime.
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If she died, this is a DH killing. In DH murder, D does not specifically intend to commit murder, but in attempt D must intend that crime, and how can they be guilty of the attempt if they didn’t specifically intend to do the crime. Attempted battery is assault and it only refers to the intent to cause the harmful or offensive contact. Bruce v. State
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This note was uploaded on 10/20/2009 for the course CRIM LAW 107 taught by Professor Swedlow during the Fall '08 term at McMaster University.

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October 23 Notes and Briefs - Inchoate Offences Attempt...

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