Jack, Bert, and Pratt Scenario

Pratt and Bert were in the car; Jack approached the car and shot at Bert, unfortunately the bullet killed Pratt. A second attempt to fire at Bert did not succeed as the gun jammed and failed to work as expected; the situation forced Jack to get into his car, placed the gun at the glove compartment and got lost into the thin air. The attorney to Jack argued on the basis of dismissing the case, and that Jack did not attempt to murder Bert, the arguments focused on the gun’s malfunctioning. The court of law granted Jack’s attorney the motion.

The court was not justified in dismissing the case on the charges that Jack had attempted to commit murder. In the United States, attempted murder happens when one person tries to kill another person (Attempted Murder Charges and Penalties, 2013), in the same way that happened in the case of Jack and Bert. Jack is subject to be charged on murder of Pratt. In this case, attempted murder of Bert was unsuccessful and an incomplete act, although Bert was killed in the process.

The offense is very serious, although with reservations of mitigations depending on the context (Hernandez & Saviano, 2013), there are high possibilities that the attempted murder could land Jack in prison for some years. Elements of attempted murder on Bert seems straight forward, there are a number of issues that could have generated to the dismissal of the case, or lead to lesser penalty on the offense (Attempted Murder Charges and Penalties, 2013).

There are different elements defining attempted murder, in most jurisdictions in the United States, attempted murder is characterized with the offender taking actions that are geared towards killing another individual (Hernandez & Saviano, 2013), in this case Jack used his gun to attempt killing Bert. Bert was saved by the failed target in the first shot that killed Pratt instantly and in the second attempt, the gun fortunately jammed while in the process of shooting. The second element is based on the offender’s act indicating that the offender was in the intention of killing a human being (Capote, 2000), in this case, the actions of Jack out rightly proves his intention to kill Bert.

It can be argued that Jack’s actions was a direct step, and that he was determined in killing Bert, unfortunately killed Pratt. Jack prepared and took an action in killing Bert, and that Jack used a weapon, in this case a gun in carrying out the crime. Jack targeted at Bert while in the car to commit the crime. Jack had an intention to kill Bert, since he had gone ahead in releasing the trigger of the firearm, with the intention of committing murder.

Different jurisdictions have diverse degrees of charge on attempted murder, a first degree charge on attempted murder calls for a willful act or premeditation act, while a second degree charge on attempted murder calls for another act that is not deliberate and not planned (Hernandez & Saviano, 2013). In this case, Jack’s acts are deliberate and could be considered a first degree charges on attempted murder, which would mean a life sentence, although with parole possibility (Attempted Murder Charges and Penalties, 2013). Federal laws have stipulated timelines. Prior criminal records are critical in defining the extent of the charges on attempted murder.

Moralistic and ethical concerns on the case of Jack needs a second thought, Jack acted intentionally; therefore, it is not ethical for the attorney to defend him. The actions of Jack are immoral in all societal standards and should be punished accordingly, by facing full criminal responsibility. Issue of impossibility as asserted by the legal defense is immoral and not ethical in this context (Capote, 2000).

References

Attempted Murder Charges and Penalties. (2013). Retrieved September 14, 2013, from Attorneys.com: http://www.attorneys.com/homicide/attempted-murder-charges-and-penalties/

Capote, T. (2000). In Cold Blood : A True Account of a Multiple Murder and Its Consequences. London, United Kingdom: Penguin Classics.

Hernandez, A. & Saviano, R. (2013). Narcoland: The Mexican Drug Lords and Their Godfathers. New York: Verso Books.