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re: Should There Be A Difference in Punishment for Murder and Attempted Murder?

Posted on 7/30/20 at 10:12 am to
Posted by LNCHBOX
70448
Member since Jun 2009
89448 posts
Posted on 7/30/20 at 10:12 am to
quote:

Yet you keep wasting your time responding. You could have easily explained your position by now.



I can't easily explain it, because you won't accept it. DWI is not equal to attempted murder the way you're trying to connect them. That's not feelings, it's facts.

But you're going to argue it, because it's what you do.
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
76809 posts
Posted on 7/30/20 at 10:12 am to
no

murder
attempted murder
rape
child molestation


should all carry the death penalty
Posted by AUCE05
Member since Dec 2009
45429 posts
Posted on 7/30/20 at 10:12 am to
In theory, but then you would have lawyers/judges abusing the ruling
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
33459 posts
Posted on 7/30/20 at 10:12 am to
quote:

What?

Not saying you are wrong or anything as I don't really keep up with sentencing guidelines. But are you referring to a specific case? Specific state statue? It just doesn't make sense and abandons all logic to punish a murderer less than a person who didn't commit murder.


In Louisiana, Second Degree Murder carries life without parole. Attempted Second Degree Murder carries 10-50 years.
Posted by michael corleone
baton rouge
Member since Jun 2005
6639 posts
Posted on 7/30/20 at 10:13 am to
Fortune favors fools
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
33459 posts
Posted on 7/30/20 at 10:14 am to
quote:

I can't easily explain it, because you won't accept it. DWI is not equal to attempted murder the way you're trying to connect them. That's not feelings, it's facts.

But you're going to argue it, because it's what you do.


I didn’t compare it to attempted murder. I compared it to Vehicular Homicide, which, like DWI, is a general intent crime.
Posted by LNCHBOX
70448
Member since Jun 2009
89448 posts
Posted on 7/30/20 at 10:15 am to
quote:

I didn’t compare it to attempted murder.


So your question was totally unrelated to the thread title, huh? See, it's easier to not actually engage you.
Posted by Boss13
Mobile
Member since Oct 2016
2174 posts
Posted on 7/30/20 at 10:16 am to
You cant have homicide without someone dying. I see the point you are trying to make but an attempted homicide is attempted murder. You can have a homicide because of an accident. If you kill someone because you ran a stop sign, that's a homicide because you did not intend to kill but someone died due to your actions.
Posted by burdman
Louisiana
Member since Aug 2007
22814 posts
Posted on 7/30/20 at 10:16 am to
quote:

Should There Be A Difference in Punishment for Murder and Attempted Murder?


Yes. Outcomes matter.
Posted by IAmNERD
Member since May 2017
24526 posts
Posted on 7/30/20 at 10:16 am to
quote:

In Louisiana, Second Degree Murder carries life without parole. Attempted Second Degree Murder carries 10-50 years.

That seems in line with my thoughts on it. The poster I responded to said that attempted murder gets you a more severe penalty than actual murder though.

Like I said, it could be true. I don't know. I was just wondering if he was referring to a specific case or if that was the actual law wherever he is located. Seems ridiculous to me to hand out a less harsh punishment to an actual murderer.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
33459 posts
Posted on 7/30/20 at 10:18 am to
quote:

So your question was totally unrelated to the thread title, huh? See, it's easier to not actually engage you.


Christ have mercy, you’re a jackass.

A murder is an attempted murder that results in death.

A Vehicular Homicide is a DWI that results in death.

A Second Degree Murder is a PWID that results in death.
This post was edited on 7/30/20 at 10:18 am
Posted by Boss13
Mobile
Member since Oct 2016
2174 posts
Posted on 7/30/20 at 10:20 am to
quote:

Yes. Outcomes matter.


Only to the victim. Punishment should be based on intent though right? If only the outcome matters then should someone go to jail if their spouse dies after slipping on the water you spilled on the floor and didnt clean up?
Posted by FightingTigers138
In your thoughts
Member since Dec 2016
6011 posts
Posted on 7/30/20 at 10:20 am to
quote:

The only difference in the two charges is outcome. Objectively, the conviction for both should carry the same consequences. The victim getting lucky by literally dodging a bullet makes no difference on the intent of the convicted. Why does society see them as two different kinds of crime?


Attempted first degree murder carries a life sentence. Attempted second degree murder means it wasn't planned. Why should you receive a murder sentence if it wasn't planned and nobody died? That seems a bit ridiculous.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
33459 posts
Posted on 7/30/20 at 10:20 am to
quote:

You cant have homicide without someone dying. I see the point you are trying to make but an attempted homicide is attempted murder. You can have a homicide because of an accident. If you kill someone because you ran a stop sign, that's a homicide because you did not intend to kill but someone died due to your actions.



But killing someone because you ran a stop sign likely isn’t a crime at all. Criminal negligence is a much longer row to hoe than simple negligence.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
33459 posts
Posted on 7/30/20 at 10:22 am to
quote:

Attempted first degree murder carries a life sentence. Attempted second degree murder means it wasn't planned. Why should you receive a murder sentence if it wasn't planned and nobody died? That seems a bit ridiculous.


This is not accurate in Louisiana.
Posted by FightingTigers138
In your thoughts
Member since Dec 2016
6011 posts
Posted on 7/30/20 at 10:23 am to
quote:

Only to the victim. Punishment should be based on intent though right? If only the outcome matters then should someone go to jail if their spouse dies after slipping on the water you spilled on the floor and didnt clean up?

Attempted second degree murder is an extension of aggravated assault. Not the same as murder. You don't know exact intent. Unless you have evidence of it planned. Then its 1st degree, as well as a life sentence.
This post was edited on 7/30/20 at 10:24 am
Posted by dukke v
PLUTO
Member since Jul 2006
216686 posts
Posted on 7/30/20 at 10:23 am to
Where did you read this??????
Posted by Boss13
Mobile
Member since Oct 2016
2174 posts
Posted on 7/30/20 at 10:24 am to
quote:

But killing someone because you ran a stop sign likely isn’t a crime at all. Criminal negligence is a much longer row to hoe than simple negligence.


I'm referring to after the row has been holed and the conviction has occurred. You've established the facts are solid but the only difference to argue is whether the punishment should be the same if someone died.
Posted by burdman
Louisiana
Member since Aug 2007
22814 posts
Posted on 7/30/20 at 10:24 am to
quote:

If only the outcome matters


I didn't say it was the only thing that matters. That's why you still get a sentence for attempted murder, and you should.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 7/30/20 at 10:25 am to
quote:

Should There Be A Difference in Punishment for Murder and Attempted Murder?


No. You shouldn’t be “rewarded” for failing.
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