Is it normal i think attempted murder should be punished the same as murder?

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17 Comments

I have always felt that failing at a crime shouldn't be an excuse for lesser punishment. Say if someone shot another person in cold blood and that victim happened to survive, it doesn't change the intent of the shooter. Surely by putting into action their intent to murder they are just as guilty as someone who achieves their murderous aim.

I know of a case near me where a man beat a women and then repeatedly hit her over the head with a blunt object. He thought she was dead and left but she happened to survive and so he was charged with attempted murder. But it seems to me that he is no less dangerous than someone that succeeded at murdering another just because the poor woman happened to survive the brutal attack.

Voting Results
78% Normal
Based on 45 votes (35 yes)
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Comments ( 17 )
  • dom180
    11 years ago

    Sometimes in cases of attempted murder, the attempted murderer might actually have - subconsciously - deliberately not killed the person (even if they don't realise that's what they were doing). Things like not checking properly if the victim is dead, or shooting their shoulder instead of their chest or head could be "mistakes" that were actually done under the control of the subconscious mind telling you not to deal a lethal blow.

    I also don't believe the judicial system should be about redemption or punishment, but rehabilitation (which, yes, punishment can play a part in. But the sentencing should not be done purely for the sake of punishment).

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  • casualcrow
    11 years ago

    That's a horrible idea. When you murder someone, its already done. The person is dead which is proof that you killed him. But you're telling me if you beat up someone, depending on what jury you get you could be charged with murder? That's a big hole in your new law.

    I mean it's easy to tell whether or not a man is trying to kill his victim if he shoots them in the head. But when it comes to beating someone with your fists, where do you draw the line? And who decides where that line is drawn?

    You could punch someone in the face once and cause a lot of damage. Should you then be charged with murder? I think the laws we have now are just fine. And i'm sure whoever drafted the laws on murder has already taken your idea into consideration.

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    • [Old Memory]
      11 years ago

      Spot on.

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  • anti-hero
    11 years ago

    No because nobody died.

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    • Terence_the_viking
      11 years ago

      did you cook the books?

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      • anti-hero
        11 years ago

        and the meth.

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        • Terence_the_viking
          11 years ago

          Sounds like a party :)

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  • wigsplitz
    11 years ago

    The punishment for murder can range from no jail time (in the form of suspended sentences, probation) all the way to execution. The penalty for attempted murder can range from no jail time up to life imprisonment. The *potential* sentences already are almost identical.

    The specific punishment given varies case by case based on degree, prior record and other aggravating and mitigating factors. There's not really a true average sentence since every case is different and each defendant is different. You have to look into the details of each case before you can attempt to compare them.

    A first time, first-degree murder convict might very likely spend less time in prison that a repeat felon found guilty of attempted murder. Just looking at the sentences and not noting the details of the crime and the defendant is useless.

    It's complicated.

    You also might want to take into consideration voluntary manslaughter. It's intentional killing, just not premeditated. 'Heat of the moment' type stuff. People convicted of it usually only do a couple years. It has a MUCH lower max than attempted murder.

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    • NeuroNeptunian
      11 years ago

      This.
      @OP they can't charge you with a crime you didn't commit. The sentences really ARE almost identical and often depend on the judge and whomever else happens to be handling said case.

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  • RoseIsabella
    11 years ago

    Nope, we shouldn't punish people for crimes they failed at. What you're proposing is punishing people based on intention. What's next arresting people for what they think about doing?

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    • NIKKKOLE
      11 years ago

      You have a good point.

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      • RoseIsabella
        11 years ago

        Thanks.

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  • sega31098
    11 years ago

    Yes, but only if it's not death penalty.

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  • Wendell
    11 years ago

    Mustard

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  • davesumba
    11 years ago

    No harm no foul, right?

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  • [Old Memory]
    11 years ago

    what incentive is there not to kill the victim then? i saw something from the US the other day , A kidnapping - the girl had the fear of hell on her but he didn't hurt her = 35 years
    another girl got stuck in the head and back twice he sat back and smiled while she pulled the blade out, the one in the head went in with so much force it pierced her brain , and she had to pull it out . she said it was very hard to get it out = 8 years
    what do think of that?

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    • Anonymous Post Author
      11 years ago

      I'm not sure I really understand this. During an attempted murder the perpetrator is trying to kill the victim. I don't think there being a lower sentence for attempted murder causes them to try less at their goal of murder during the act. I would imagine that when one person murders another it is something they give 100% effort to.

      I think those sentences highlight what I am saying, the man that stabbed that girl in the brain should have been charged as if he had killed the girl.

      On the kidnapping I think perhaps that may be too harsh though I don't know the details, if someone goes to commit a terrible crime but the better part of their nature causes them to shy away from it then they can probably be rehabilitated.

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