Sept 9, 2012
Intro to Law (Cr Js. 205) Unit 3 IP
This Memo is a recap of the meeting between our client Mr. G. Ilty Assin, and Mr. Cheatham Esq. Attorney at Law.
The elements of murder including what is required to convict someone of attempt to commit murder. The elements of common law murder are:
Unlawful killing of a human by another human with malice a premeditated thought of another human being, it is this state of mind that distinguishes murder from other forms of unlawful homicide. For example manslaughter either voluntary or involuntary. Murder is a very serious crime that holds the harshest punishment.
Mr. Assin is being charged with 1 count of attempted murder in the first degree.
The people must have proof that Mr. Assin attempted to commit murder. By this I mean
That: 1). Mr. Assin had to take a direct step that was ineffective toward killing Sally’s Husband. AND
2). That Mr. Assin intended to kill Sally’s husband.
Define a direct step, requirements are more than just planning or preparing to murder or gathering supplies or something needed to commit the murder. This step goes beyond planning or preparation which will show that Mr. Assin is putting his plan into motion. Witkin & Epstein, (2000)
A step directly related to and an unambiguous intent to kill. It is a direct movement toward the commission after the preparations has been made, so that the plan could have been executed unless there were interferences that interrupted the attempt. Pen. Code, 663, (2012)
If in fact Mr. Assign did make a direct step and then for whatever reason decided against the murder, then Mr. Assin is still considered guilty of the said crime. Millman, et.al, (1999)
On the other hand, if Mr. Assin decided freely and voluntarily against committing the murder and did not take a direct step towards the attempt, then...
References: Penal Code, §§ 21a, 663, 664), Attempted Murder
People v. Guerra (1985), Specific Intent to Kill Required. ) 40 Cal.3d 377, 386
Witkin & Epstein, (2000), California Criminal Law 3rd ed. Elements, pgs. 53-67.
Millman, Sevilla & Tarlow, (1999), California Criminal Defense Practice, Ch. 140, Challenges to Crimes, 140.02, Ch. 141, Conspiracy, Solicitation, and Attempt, 141.20; Ch. 142, Crimes Against the Person, 142.01
People v. Breverman (1998) 19 Cal.4th 142, 154
People v. Santascoy (1984) 153 Cal.App.3d 909, 918
Illinois Criminal Code, § 720 ILCS 5/ sections 8-4. Attempt. 8-4, Retrieved from the
internet Sept, 8, 2012
Please join StudyMode to read the full document