Criminal Law Consulting
​For Writers & Filmmakers
  • Home
  • About
  • Services
  • Resources
  • Blog
  • Contact
  • Free eBook

Why Does Attempted Murder Require an "Intent to Kill" Whereas Murder Does Not?

3/11/2012

0 Comments

 
It may seem strange, but attempted murder requires that the defendant has the specific intent to kill, whereas murder requires either an intent to kill or a conscious disregard for life.  A person can be convicted of murder without intending to kill.  (As discussed in depth here, this is the mental state or mens rea of the crime.)

This is because an attempt to commit any crime requires that the person specifically intend to commit that crime.  You cannot be convicted of attempted robbery if you did not intend to rob.

Murder, on the other hand, may be committed when the defendant kills someone with an intent to kill.  Or it may be committed when the defendant did something extremely dangerous with the conscious disregard for human life.  This is called implied malice.

An example of implied malice could be where someone randomly shoots a gun in a place where people might be,  if the shooter did not intend to kill anyone.  Another example could be driving at a very high rate of speed on a road where the driver knows other people or cars may to be.

It is important to note that in most states, for murder to be of the first degree, there must be an intent to kill.  A conscious disregard for human life will only support a lesser degree of murder, such as second degree murder in California.

Because murder can be supported by a lesser mental state than attempted murder, this could lead to the strange scenario where someone could be convicted of murder if the victim dies, but could not be convicted of attempted murder if the victim lives.

For more information like this sent to your inbox, join the Criminal Law Community.  If you are a writer or filmmaker in the crime and legal genres, check out my free eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.
0 Comments



Leave a Reply.

    Get your FREE E-Book revealing The Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama:
    Send My Free E-Book!

    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

    Categories

    All
    Appeals
    Burden Of Proof
    Celebrity Crime
    Common Questions
    Constitution
    Consulting Services
    Courtroom
    Crime In The News
    Crime Novels
    Crime Tv
    Death Penalty
    Defenses
    Evidence
    Extortion
    Hate Crimes
    International Crime
    Juvenile Crime
    Legal Comedy
    Legal Definitions
    Legal Drama
    Manslaughter
    Movies
    Murder
    Search And Seizure
    Serial Killers
    Sex Crimes
    Supreme Court
    Trial
    True Crime
    Writing Tips

    RSS Feed

      Get Email Updates

    Join!
    Loading
Powered by Create your own unique website with customizable templates.