Should one be guilty of attempted murder if he stabs the body of someone who, unknown to him, had died minutes before of a stroke?

Asked by: cjchang
  • I'm not sure what punishment should be given but

    He should be punished within the arms of the law. Just like we do not condone raping a dead body, this act should be seen as a violation of the stroke victim as well. He definitely had the intention to kill, and he acted on it, though he was unaware that the victim was already dead.

  • Attempted murder is attempted murder

    If you go to someone with the intention of murdering someone, and then go through with that intention, it is attempted murder. It just won't be murder if you didn't actually kill that person. If someone attempted it once, they'll probably try it again and should thus be treated the same as any other criminal.

  • The Intent Remained

    The criminal believed it was she/he who would be taking the victim's life- this is attempted murder. Just because the life was no longer there does not change the fact the person is a murderer, and is no different to a situation where the victim did not die beforehand. It does not change the circumstance because of a health issue.

  • Yes, because he attempted to commit a murder

    Let's say realistic human-looking but nonsentient robots existed and he didn't know it was a robot and tried to kill it. That should still be attempted murder. Or he hallucinated there was a person there and attacked a tree or the air or some other thing, he still thought he was killing a person, unless he also had hallucinations or delusions suggesting it had to be done (then he's not guilty by reason of insanity) he should be held culpable for attempted murder.

    Attempted murderers are dangerous because of what they intended to do and so should be held responsible for that. In fact attempted murder should be sentenced the same way murder is. That they failed doesn't show they are any less dangerous. Next time they might succeed. Lock them up and don't give them the chance.

  • Should Feel Guilty

    I believe that he/she should feel guilty because even if the guy is already dead, its still attempted murder. So think about it, he SHOULD be punished for attempted murder. Also, its kind of obvious when someone is dead and when someone is alive so he should've known that the guy who had a stoke was dead!

  • One MUST be punished for attempted murder, no matter what condition.

    Although the person had died before one could murder him, he should be penalized. He undoubtedly had the motive of homicide, one point being that he had no idea of whom he was about to murder. If he knew that the person had died, then he most likely desired to stick a knife into the body of one who was "sick". If he did not know that the person had died, then he would be willing to go up to ANYONE and stab them. If he was crazy enough, he would stab himself.

  • Of course not...

    No. Murder is the unjustified killing of another person. You can't kill a person who is already dead so, you cannot murder a dead person.

    This is why it is very difficult to be a good judge. As a responsible judge you do not always get the end result you would like to see. It's about a line in the sand. It feels like a person who tried to murder should be charged with murder but the law (rules) don't work like that. This is the reason charges like attempted murder and manslaughter exist. If you tried to murder someone and they didn't die then it's attempted murder. If you try to murder someone and they're already dead then it's not actually murder. If we started convicting people based on the outcome we would like to see then there could be no standard. The best you can do from a legal standpoint is pile on as many charges as fit the actual crime committed, issue a stiff sentence and send them off for psychological evaluation.

  • Mutilation of a deceased body

    If a dead person is found and instead of reporting this to the police or emergency services and is instead mutilated by a person. The actual charges will be concealing a dead body and or mutilation/desecration of human remains. I believe that both of these are also felonies. You cannot attempt to murder a dead body. However if the person witnessed the victim having a stroke and instead of attempting to assist them waits until after they are deceased to stab them, this would be premeditation to facilitate murder. Also a felony.

  • He got lucky

    I do not agree that he should be given attempted murder. I would just say that this guy got very lucky and got away with it. You would have a very tough time in a court of law convincing the jury that stabbing a dead body is attempted murder. When the person died is irrelevant.

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