ASSIGNMENT : Was the court correct in dismissing the attempted murder charge?

Scenario:

Patrice wanted to kill her mother-in-law, Kayla, so she hid behind a building and waited for her to get off the bus. When Kayla got off the bus, Patrice shot at her with her rifle, but missed and killed Angela, who was behind her. Patrice attempted to fire again at Kayla, but her rifle jammed and Patrice ran off.

Patrice\’s attorney moved to dismiss the charge of the attempted murder of Kayla on the ground that Patrice could not have killed Kayla due to the malfunctioning of her rifle. The court granted the motion.

Assignment:

Was the court correct in dismissing the attempted murder charge? Be sure to identify and describe the elements of a criminal act (at least three) and address impossibility and distinguish if it is a complete or incomplete attempt.

Also address any ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility.

Answer the questions above in a 2–3-page paper (excluding cover and reference pages) in APA format.

SAMPLE SOLUTION

Murder, the crime of intentionally and unlawfully taking a human life, is one of the severely punished felonies by society. Alongside espionage and treason, murder can attract a punishment of a death penalty in some countries and states of America. Attempted murder is indicted when an individual plans to slay a person and seeks to perform the homicide but, for whichever reason, is incapable of completing it. Attempted murder, just like the actual murder, is a very grave crime that is punished with some of the most serious sentences (Ashworth & Horder, 2013). Attempted homicide refers the botched attempt to kill another human. Just like other criminal acts, attempted slaying consists of the three elements of a criminal act. The determination of whether a defendant is guilty of attempted murder takes into consideration the three elements. In my view, the court erred in conceding…