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I guess it depends on the jurisdiction. I can tell you that here in Switzerland, in principle, there is no difference between murder and attempted murder when it comes to sentencing. In the end, it all boils down to the reason why it remained just an attempt, and we differentiate different types of attempts. Particularly, an attempt can be completete or ...


3

To add to the existing arguments, consider this from the point of view of crime deterrence, i.e., you view the sentence as a means to deter people from murdering others. Specifically, suppose that Alice attempted to murder Bob but failed. If Bob has noticed, Alice is confronted with the risk that he secures evidence, alerts the authorities, and eventually ...


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Other answers list quite valid points, but miss the following one: No penal system is perfect. A reasonable system would account for its own imperfections. A murder is quite easier to prove than an attempted murder.


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Why is ... Not sure about US/UK laws, but based on German laws, this question is a highly opinion-based question so my answer will be opinion-based. I also have to say that I'm not a lawyer, so my answer is not an expert's answer. Why is murder considered a more serious crime than attempted murder? Background German law (ยง23 StGB) states that ... ... an ...


1

In response to the comment that Wrzlprmft wrote below about no incentive to stop attempting to murder a person, I'm not sure I agree about that. For one thing, possibly every time an attempt is made, an additional element of risk is introduced into the would-be-murderers life, whether or not the attempt is successful. I would argue most crimes are of this ...


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How broadly can you define "attempted"? If a murder is successful, there is certainty that the punishments are warranted given the crime. But what counts as "attempted" will always require a degree of interpretation both of actions and intent. A lighter punishment concedes this uncertainty. Rhetorically, should those accused of attempted ...


5

The legal theories regarding homicides have changed a lot, but there has not always been some kind of distinction between the attempt and the result. It's the distinction between an assault with a deadly instrument and the resulting killing. And not all jurisdictions look at things the same way! The aspect of killings under the aspect of Law in History is a ...


19

You may get more effective murderers that way I would frame the question from the perspective from the criminal. If they know they will be punished equally from attempted murder from actual murder, they will try harder to get the results they want. More if is this common knowledge. By rewarding incompetence, you may end with a incompetent murder instead of a ...


72

Your question is the subject of longstanding and ongoing debate that has generated countless articles and books and dissertations, so you're probably not going to get a fully satisfactory answer here. But here's the short version: Different systems operate on different assumptions. Your question suggests you are not a retributivist, i.e., someone who view ...


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