Terence A. Whalen
CJ230-03, Criminal Law for Criminal Justice
October 18th, 2010
To research this scenario, One must look to the elements of Criminal Attempt-Murder. Murder is the unlawful killing of another human being with intention and malicious aforethought. (USLegal INC, 2010) Criminal Attempt requires three things; an intent or purpose to commit a particular crime, an overt act toward accomplishing that target crime, and a failure to complete the target crime. (Lippman, 2007) In this scenario, Jack approached the car with the intent to shooting and killing Bert, obvious malice aforethought. Upon arriving, he shot at the two occupants, striking and killing Pratt. When he attempted to complete the act on Bert, the gun jammed and he was unable to accomplish the criminal act against Bert, and Jack fled.
There are two types of Criminal Attempts, a complete attempt, and an incomplete attempt. A Complete attempt is an attempt in which the perpetrator has taken all steps to complete the criminal act, but fails to accomplish it. An Incomplete attempt is an attempt in which the Perpetrator has completed some steps toward accomplishing the criminal act, but is thwarted from its completion due to extraneous circumstances outside of his control factors, such as the arrival of the police or witnesses. (Shecket, 2003)
In this case, clearly, this was a complete attempt toward the commission of Murder as it relates to Bert. Jack has accomplished all of the steps toward murdering Bert; bringing a gun to the scene, approaching the car, and firing the gun in the direction of the Bert. His intent was clearly shown when he fired the shot that killed Pratt, for which he will be appropriately charged with murder. (West Law Corporation, 2010) But in the case of Bert, the gun jammed, and he was unable to finish the criminal act against Bert, and fled the location. He didn’t abandon his intent to kill Bert, which could possibly have been a...