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Hope |
Attempted murder questions?
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i am doing this ofr a school assignment,
so i may keep adding questions.
what are relevent defences for attempted murder? i need 2
i would have said duress and something,
but http://en.wikipedia.org/wiki/Attempted_murder says that duress isnt
would battered woman-syndrome be one?
if you were planning to kill your husband if he'd been abusing you and/or your kids but you failed?
any others?
thanks :)
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btw im in victoria, ausrtalia if that makes a difference.
is 'crimes of passion' a legal defence?
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Amy
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Self defense and crime of passion. For example a husband walks in on his wife and another man in bed and tries to kill them he would more than likely get off with a simple assult.
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bcnu
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One defense often overlooked in "attempt" is that the state has to prove the intent to commit an illegal homicide amounting to murder. You can't accidentally "attempt" murder. Therefore, if they cannot show (beyond a reasonable doubt) that you had the necessary intent, then the charges should be dismissed.
For example, a crazy driver drives straight at you and you avoid death only by swerving into a ditch; his crime is assault by means of a dangerous weapon (vehicle), not attempted murder. The driver's inferred intent was to make you swerve, not to kill you personally.
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Frederic
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Temporary insanity and fear for one's life.
A note on 'insanity': It is NOT a medical or psychiatric diagnosis. It is a legal definition. To be "legally insane", a person must be incapable of understanding the difference between right and wrong.
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mhmd
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Crime of passion is not a legal defense.
Self Defense, Duress, Necessity, and Insanity.
Battered Woman Syndrome is not in itself a defense. It may be argued that the actor acted out of self defense, maybe even necessity to excuse the act, but that is not really a legal term.
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Kelsey H
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Insanity and self-defense are relevant to attempted murder and many other criminal charges. There's your two :-)
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