- Jones v. State (Ind. 1997) – Attempted murder requires a specific intent to kill, but it is sufficient for murder that defendant engages in conduct knowing of a high probability that in doing so he will kill someone.
- ∆ claims that he had to intent to kill, only to rape
- There is no direct evidence showing purpose. Can you infer purpose???
- State v Raines- man shot through the driver side window of a car and killed the driver. Intent to kill shown through use of deadly weapon.
- What is the difference b/w Raines and Smallwood?
- Pure probability of resulting death
- Death is very immediate
- Existence of a plausible ulterior motive
- Smallwood raped the women in order to have sex w/ them and not necessarily to kill them
- If the women had died he would at least be guilty of reckless homicide or depraved heart murder.
- Recklessness rather than negligence b/c he knew of his condition
- If transmission rates are extremely high you could make the claim that he could meet the “knowledge” requirement.
- Specific Intent Crime- (attempted purposeful murder) you do it specifically to kill someone
- Why can’t you have attempted “knowledgeable”, “recklessness”, or “negligent” murder???
- Would you really prosecute every drunk driver as a attempted negligent murderer?
- Nope
- We do two things when we punish reflect the badness of the actor and reflect the social harm
- What if you shot at someone and miss one could argue that they weren’t even trying to kill them
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