Law
Punishing a failed attempt
Two people fire at their victims, meaning to kill. One misses because of a sudden gust of wind; the other kills. Should they be punished equally?
- Hint 1What is the same about them, and what is different?
- Hint 2What is punishment for: blame, deterrence, or responding to harm?
- Their intentions and actions are the same; only luck separates the outcomes.
- If punishment tracks blameworthiness, they look equally culpable.
- If it tracks harm done, the killer has caused far more.
- English law treats the completed crime more harshly: murder carries a mandatory life sentence, while life is only the maximum for attempted murder.
- Take a view and defend it against the other side.
Where it lands: A matter of argument: a strong answer names the principle behind punishment and follows it consistently.
The trap: Answering 'yes, they meant the same' without dealing with the role of harm and the victim.
What a tutor might ask next: Should someone who tries to kill using a method that could never work, such as a curse, be guilty of attempt?
Now do one out loud. In the interview you think aloud with a tutor. Try a Law problem with hints, follow-ups and Mia's feedback on how you think.