Unit 4 Assignment
CJ230: Criminal Law for Criminal Justice
Kaplan University
Chanique Sanders
3/1/2016
In this paper I will discuss the different defenses a person can use in court when they are accused of committing a crime. I will determine if the courts were right to drop the charges of attempted murder against Patrice.
Attempted murder is when a person is acting deliberately and intentionally or recklessly with disregard for human life, a person attempting to kill someone; and the person did something that was a substantial step toward committing the crime (Theoharis,2016). In this case Patrice can be charged with the attempted murder of Kayla because she intended to cause harm and or kill Kayla. The defense can say …show more content…
You must have the intent to take action. In other words, you have to have the intent to carry out the direct step. Patrice had the intent to act on a crime because she went to purchase a rifle and bullets and even waited for Kayla to get off of the bus. The defense could also try to use the impossibility defense. An Impossibility defense is a criminal defense used in court cases when a defendant is accused of criminal attempt that failed because the crime was impossible to commit. They defense may also try to use the factual impossibility in court, but the factual impossibility is rarely used as a defense in common law ( Simons,K , 1991) . Factual impossibility refers to the fact that the illegal act cannot physically be accomplished Examples of factual impossibility are a pickpocket putting her hand in the victim's empty pocket or an impotent male trying to have non consensual sexual intercourse (definitions.uslegal.com). .
Legal impossibility can not be used as a defense in this case. Legal impossibility is a common law defense to a charge of attempted crimes. Legal impossibility occurs when a person believes he is committing a crime, but the act is lawful. an example is when a person believes he is receiving stolen goods, but the goods are not
CJ230: Criminal Law for Criminal Justice
Kaplan University
Chanique Sanders
3/1/2016
In this paper I will discuss the different defenses a person can use in court when they are accused of committing a crime. I will determine if the courts were right to drop the charges of attempted murder against Patrice.
Attempted murder is when a person is acting deliberately and intentionally or recklessly with disregard for human life, a person attempting to kill someone; and the person did something that was a substantial step toward committing the crime (Theoharis,2016). In this case Patrice can be charged with the attempted murder of Kayla because she intended to cause harm and or kill Kayla. The defense can say …show more content…
You must have the intent to take action. In other words, you have to have the intent to carry out the direct step. Patrice had the intent to act on a crime because she went to purchase a rifle and bullets and even waited for Kayla to get off of the bus. The defense could also try to use the impossibility defense. An Impossibility defense is a criminal defense used in court cases when a defendant is accused of criminal attempt that failed because the crime was impossible to commit. They defense may also try to use the factual impossibility in court, but the factual impossibility is rarely used as a defense in common law ( Simons,K , 1991) . Factual impossibility refers to the fact that the illegal act cannot physically be accomplished Examples of factual impossibility are a pickpocket putting her hand in the victim's empty pocket or an impotent male trying to have non consensual sexual intercourse (definitions.uslegal.com). .
Legal impossibility can not be used as a defense in this case. Legal impossibility is a common law defense to a charge of attempted crimes. Legal impossibility occurs when a person believes he is committing a crime, but the act is lawful. an example is when a person believes he is receiving stolen goods, but the goods are not