CRM/LAW C144 Lecture Notes - Lecture 11: Arson, Safe Sex, Condom
25 Feb 2016
School
Department
Course
Professor
Document Summary
Attempted crimes were not recognized under common law because they required the act and intent (no act if the crime has not been completed). Once the crime is completed it merges with the attempt. Attempt: applies when the there is a manifest danger to society. Attempt: is punished less severely than completed crime, due to social argument of retribution. Smallwood v. state court of appeals, maryland 343 md 97,680 a. 2d. Issue: whether there was sufficient circumstantial evidence to show that. Appellant had the requisite intent for attempted murder. Smallwood argues that the fact that he engaged in unprotected intercourse, even though he knew he carried hiv, is insufficient to infer intent to kill. Rule of law: intent to kill under the proper circumstances can be inferred from the use of a deadly weapon directed at a vital part of the body.
