Jack, Bert, Pratt: Bert was sitting in a car

Was the court correct in dismissing the attempted murder charge? Be sure to describe the elements of a criminal act and address impossibility and distinguish if it is a complete or incomplete attempt.

Jack, Bert, Pratt: Bert was sitting in a car with Pratt when Jack approached the car. Jack pointed a gun at Bert and fired, but mistakenly killed Pratt. Jack attempted to fire again at Bert, but his gun jammed and would not fire. Jack jumped into his car, put the gun into the glove compartment, and sped off.

Jack’s attorney moved to dismiss the charge of the attempted murder of Bert on the ground that Jack could not have killed Bert due to the malfunctioning of his gun. The court granted the motion.

Assignment:

Was the court correct in dismissing the attempted murder charge? Be sure to describe the elements of a criminal act and address impossibility and distinguish if it is a complete or incomplete attempt.

Also address any ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility.

 

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