Merima Skrebo
Kaplan University
Jack Bert and Pratt
When Jack approached Berts railroad car, he had every intention of shooting and landing him. instead of killing Bert, Jack accidently killed Pratt and then Jack tried to gust the gun again and kill Bert but wasnt so lucky beca mapping the gun got jammed and would not fire so he hurried up and got back in his car put the gun in the glove compartment and sped off the detestation scene. Unfortunately for Jack, he can still be convicted of seek murder. Jacks attorney is trying to have the turning murder of Bert dismissed because he is saying that Jack couldnt have tried to kill him due to the malfunctioning of the gun. I believe that the court was not correct in dismissing the try murder charge because he had every intent to kill him and the only reason he didnt was because the gun stop working. He already killed one psyche and the courts will withdraw these main facts:
* Required kingdom of mind, or mens rea; legal use of the phrase denotes premeditation of criminal liability having to do with the pass on of mind of the accused when he/she committed the actus reus of some offense. iodine of the mens reas sufficient for murder is general intent: such indispensability is often stated as prohibiting the intentional killing of other person.
The word intentionally tells us what affable of noetic state an accused must have to be guilty of this kind of murder (Lippman, 2007).
* Required acts, or actus reus; The voluntary and wrongful act or omission that constitutes the physical components of a crime. Because a person cannot be punished for bad thoughts alone, there can be no criminal liability without actus reus (Actus Reus Versus Mens Rea).
* Specific intent; The mental purpose, aim, or design to accomplish a specific suffering or result by acting in a manner prohibited by law; intentionally or knowingly acting in a specific bearing (Specific Intent - Further Readings).
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