Friday, September 14, 2012

Jones v. State case brief

  • 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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