Guilty of attempted murder

 

April and Troy have been unhappily married for years. April wanted a divorce, but Troy feared April would get too much of his money and the marital home. He decided it was best to kill her. He decided to poison her. He went to CVS and inquired of the pharmacist about needing a sleep aid for his insomnia. The pharmacist gave him a bottle of sleeping pills. Troy believed if he gave April several pills in her tea, she would die peacefully in her sleep. She drank the tea, but nothing happened but for a little drowsiness. Troy is charged with attempted murder. Will Troy be found guilty of attempted murder? Discuss why or why not. Use legal reasoning to support your response.

 

 

Sample Solution

Whether or not Troy will be found guilty of attempted murder will depend on the specific facts of the case and the laws of the jurisdiction in which he is charged. However, based on the information provided, it is likely that Troy could be found guilty of attempted murder.

The elements of attempted murder in most jurisdictions include:

  • An intent to kill
  • A plan or design to kill
  • An overt act in furtherance of the plan or design
  • A failure to carry out the plan or design only by reason of circumstances beyond the person’s control

In this case, Troy clearly had the intent to kill April. He went to CVS and bought sleeping pills with the intention of giving them to her in her tea. He also believed that giving her the pills would kill her. This shows that he had a plan or design to kill her.

Troy also took an overt act in furtherance of his plan. He gave April the tea with the sleeping pills in it. This act was done with the specific intent to kill her.

The only thing that prevented Troy from carrying out his plan was that April did not die from the sleeping pills. However, this does not mean that Troy is not guilty of attempted murder. In most jurisdictions, a person can be found guilty of attempted murder even if the victim does not die.

The fact that Troy did not succeed in killing April does not mean that he did not have the intent to kill her. The law does not require that a person actually succeed in killing their victim in order to be convicted of attempted murder. It is enough that the person took steps that were reasonably likely to result in the victim’s death.

In this case, Troy took steps that were reasonably likely to result in April’s death. He gave her a lethal dose of sleeping pills. It is simply a matter of luck that April did not die from the pills.

For these reasons, it is likely that Troy could be found guilty of attempted murder. However, the specific facts of the case and the laws of the jurisdiction in which he is charged will ultimately determine whether or not he is convicted.

In addition to the legal reasoning presented above, there are a number of other factors that could influence the outcome of Troy’s case. For example, the prosecution would need to prove that Troy had the specific intent to kill April. This could be difficult to do, as Troy could argue that he only intended to make April drowsy.

The defense could also argue that Troy’s actions were not premeditated. This could be a successful defense, as attempted murder requires that the crime be premeditated. Premeditation means that the person has thought about the crime for some time and has formed a plan to carry it out.

Ultimately, the outcome of Troy’s case will depend on the specific facts of the case and the laws of the jurisdiction in which he is charged. However, based on the information provided, it is likely that Troy could be found guilty of attempted murder.

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