Mens Rea Of Extent: A Criminal Case Study

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Tilese Brace Pontier CJ 230-02 March 24, 2012 Bert was sitting in a car with Pratt when Jack approached the car, pointed a gun at Bert and fired, mistakenly killing Pratt. Jack attempted to fire again at Bert, but the gun jammed and would not fire. Jack jumped into his car, put the gun in the glove compartment, and sped off. Jack’s attorney moved to dismiss the charge of the attempted murder of Bert on the ground that Jack could not have killed Bert due to the malfunctioning gun. The court granted the motion. I do not agree with the court’s decision to dismiss the charge of attempted murder and will support my position by exploring the elements of a criminal act, mens rea and actus reaus, distinguishing between a complete and incomplete attempt, and impossibility.…show more content…
Mens rea of attempt involves a dual intent: (1) an individual must intentionally perform acts that are proximate to the compliance of a crime; (2) an individual must possess the specific intent or purpose to achieve a criminal objective. (Lippman, 2010). Jack intentionally approached the car, pointed his gun at Bert and fired and attempted to kill Bert. Jack’s purpose was to kill Bert. Actus reus of attempt has two different legal tests, one which is objective and the other is subjective. The objective approach distinguishes preparation, or the planning and purchasing of the materials, from the acts to perpetrate the crime. (Lippman, 2010). The subjective approach focuses on the individual’s intent rather than on his or her acts. Using either the objective or subjective approach, Jack has met the actus reus requirements as well. Jack decided he wanted Bert dead, planned his murder, procured the gun from some unknown source, approached the car, pointed the gun and fired at Bert. Jack wanted Bert

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