Attempted Crimes

[woodythehibee]

currently doing an essay on attempted crimes and just wondered what the general views and opinions are...

should someone be punished for an attempted crime? what about if the complete crime was impossible?

thoughts?

[FraserHFC]

currently doing an essay on attempted crimes and just wondered what the general views and opinions are...

should someone be punished for an attempted crime? what about if the complete crime was impossible?

thoughts?

of course they should

if they tried to do it once whats to stop the trying it again and suceeding?

sorry but it just seems to me thats a totaly stupid question

[Hanny]

currently doing an essay on attempted crimes and just wondered what the general views and opinions are...

should someone be punished for an attempted crime? what about if the complete crime was impossible?

thoughts?

Like attempted murder?

[sleeping giant]

If someone is trying to throw a brick through your window but keeps dropping it , you cant exactly charge him with breaking your windaes eh !

[woodythehibee]

this was the exact Q

Consider whether it is appropriate and fair that there should exist criminal liability in relation to attempted crimes, particularly in cases where the completed crime is impossible

[Loobrush]

No brainer for me. If someone attempts to do something wrong/against the law, they should be punished for it. Simple as that.

[--------]

There is a legal concept called 'mens rea' (Latin) that basically means 'a criminal mind' or 'criminal intentions'. Someone who attempts murder but fails has the criminal intention to kill.

Should we allow him freedom to try again - learning from his mistakes and doing better next time? :cool2:

[Edinburghlass]

Quite often the only difference between an intended crime and a successful one is the intervention of a 3rd party whether a member of the public, the ambulance service or the police. The intent was there, the successful application of the intent wasn't, therefore there should be no difference between the punishment of an intended and an actual crime.

[jakki]

It depends if you can prove what was the intended crime.

True story but no names mentiomed.

Dave and I had moved into a new tenancy in West Pilton on the Sunday.
The next Saturday we went to the playgroups Night out at Craigroyston, and my mum in law babysat until her 18 year old daughter took over from her around 11.00. when we got home at 12.00, and there was a queer sound as I put the key in the lock.

Straight away I checked the 1st bedroom where my two babies were sleeping and the s-i-law. No problems. then I moved to our bedroom where I was confronted with a bare arse up in the air where the rest of the body was hiding under the bed.The little creep gave no obstruction to my "6.4" husband and pretended he was drunk and went into the wrong house.

When the police came it was the question of

1) did he see our belongings being delivered on the previous Saturday when he was visiting his mum our new next door neighbour and wanted them?
2) did he see the change over of mum and daughter and wanted a wee bit younger stuff? and Knowing we had a faulty lock
or
3)was he an oportunity thief.There was £150 lying on the dressing table.

All he got gharged with was vagrancy as he had no ID or money as his jacket was left next door at his Mums with these in the pockets.

His wife on visits to her m-i-l from of all places of Livi would always speak down to me and always I would hold my tongue and not let her know hers husbands disgrace and not tell her that I saw all he had to offer.:thumbsup:

[woodythehibee]

what if a guy (Mr A) goes to collect his own umbrella mistaking it for one belonging to B and intending to steal B's umbrella, is he guilty of attempted theft?

[Rattler]

what if a guy (Mr A) goes to collect his own umbrella mistaking it for one belonging to B and intending to steal B's umbrella, is he guilty of attempted theft?

Depends how far he has got!

Was it a genuine mistake? Was his own umbrella not there? Was there an intention to steal the umbrella?

What you have is what another user posted above : Actus Reas & Mens Rea

Actus Reus and Mens Rea To be convicted of any crime under English law, two elements need to be proved, the actus reus and the mens rea. The actus reus for any crime is different, the actus reus is most commonly known as the 'guilty act' or the 'state of affairs', while the mens rea constitutes the 'state of mind' of the accused. The mens rea of a crime may be present, but if the actus reus is absent, no conviction can be made.

Without getting too deep into things, you could get convicted of stealing a TV by unplugging it; You can't get convicted of theft by housebreaking if you enter through an unlocked front door; There is no such crime as attempt assault.

Anyway - should they be punished? Certainly!!

[steakbake]

this was the exact Q

Consider whether it is appropriate and fair that there should exist criminal liability in relation to attempted crimes, particularly in cases where the completed crime is impossible

Its a very interesting one.

I suppose what they might be getting at is to do with "terrorism" legislation.

A plans to detonate a nuclear device. A is a 19 year old student with radical ideas. However, he has no possible way of securing such a device and even with his best plans executed, securing a device would be impossible. Is it therefore fair and appropriate that he is considered liable to be carrying out an attempted act of terrorism?

Takes you into a lot into intent and conspiring. That's where these particular articles of law are useful to the government.

If you think of Guantanamo and our government's constant insistance that there should be no limit to detention without trial, then surely some alarm bells should be ringing.

Personally speaking, the war on "terror" is completely fraudulent and without any foundation in fact but governments especially in the UK and US are finding that bringing in such legislation is enabling them to keep their populations under further control and scrutiny.

Just an idea. haha