Mr. G. Itly Assin has been arrested and charged with attempt to commit murder in the first degree. Mr. Assin’s story begins with him sitting in a restaurant when a woman walks over to him and sits down. She proceeds to tell him that her name is Sally and then asks Mr. Assin if he is available followed by a wink. Because Mr. Assin has been single for two years he reply’s yes and winks back. The waiter then comes and Sally orders a dry martini with three olives and Mr. Assin says he will take the same.
Before the waiter can return with their drinks Sally said she needed to use the powder room and after getting up to leave she slides an envelope under Mr. Assin’s water glass. After that he is being arrested. Mr. Assin claims to be innocent. The police said they had been following Sally who has been searching for someone to murder her husband. She expected she would be meeting a man she met in an Internet chat room and she would pay this man five thousand dollars to kill her husband but she had been talking to an undercover police officer the whole time.
Sally was supposed to ask this undercover police officer if he was available and wink and the police officer was supposed to reply yes and wink back. After that Sally was supposed to then order a dry martini with three olives after which the undercover officer would do the same thing. Sally was unaware that she had picked the wrong man at the restaurant and therefore Mr. Assin was charged with attempt to commit murder in the first degree. Murder “Murder is the unlawful killing of one human being by another” (Murder, 2004).
It is the most reported and recorded serious crime and the records show a demographic, social, and geographic pattern. Murder rates are higher in large cities and where the public faces poverty, unemployment, and high school dropout rates for example. Murderers are more likely to be male rather than female, African American before Caucasian and are also more likely to be young adults under the age of thirty-four instead of older adults; fifty-five plus (Murder, 2008). First degree murder is defined as an unlawful killing that is done willingly and was deliberated and premeditated.
This includes deaths that occurred while other violent felonies where being committed such as arson, burglary, kidnapping, rape, or robbery even if the death was accidental. This is referred to as the felony murder rule (First degree murder overview, 2013). Willfulness is meaning that the murderer killed someone with the specific intent to end human life. Deliberation is whether or not the murderer had enough time to form a conscious intent to commit the crime and then act on it. Premeditation is when the murderer plans out the perfect time, place, and method to kill someone.
Attempted Murder For a person to be found guilty of attempted murder they would have to have deliberately, intentionally or recklessly with extreme disregard for human life tried to kill another human being (Attempted murder law and legal definition, n. d). In order for this person to be convicted of attempted murder the state would have to show that the accused party took significant steps toward committing the murder. This does not include just having a plan of action in place. It means that the accused person took an immediate step towards putting their plan into motion.
Even if their plan fails or they are interrupted and the murder was not committed it is still considered attempted murder because they took that step and put the plan into motion. Guilty or Not Guilty I do not believe that Mr. Assin has committed the crime of attempted first degree murder. I believe he was just in the wrong place at the wrong time. According to the mere presence rule just because someone is at the scene of the crime is not enough evidence to convict them of the crime. Mr. Assin did not take any definitive steps toward killing Sally’s husband. I would definitely say that Sally did because she gave Mr. Assin the money and went to meet with the man she planned on hiring to kill her husband which is the same as buying the weapon she intended to use to murder him.
Conclusion In order to be convicted of attempted first degree murder the state must prove that the accused party took one direct step towards killing someone but failed at actually killing them and they must also prove that the defendant intended to kill that person. Mr. Assin is not guilty of attempted first degree murder because he took no steps towards killing Sally’s husband. Even if there was a plan in action he did not take that significant step towards committing the murder.