I feel like this is really stretching the concept of ‘no stupid questions’, but anyway, here we are:

Let’s say someone is given a button, and are told that if they press the button, a specific person will die. They firmly believe this to be the case. They consciously choose to press the button, fully intending that the outcome is that the specified person dies - they desire that outcome, and make a conscious decision in an attempt to carry it out.

However, the button does nothing. It wasn’t hooked up to anything, it was just a random button. There was never any chance of anyone dying from this interaction.

Is the person who pressed the button guilty of attempted murder?

A very basic layman’s terms description of attempted murder (from the top result in a search) is:

Attempted murder is the failed or aborted attempt to murder another person. Just like other crimes, attempted murder consists of both an action and an intention. In attempted murder, a person must take a direct step towards the killing and must have the specific intent to kill that person.

It sounds like those criteria have been met in this case. Have they been? If not, why not?

Would the answer be different if the subject was told that (for example) the button controlled an explosive device in the intended victim’s car, or some other very specific effect that pressing it would have, versus simply that it would cause them to die in a nebulous, unspecified way?

An alternate version of the scenario: What if the person buys a ‘Death Note’ notebook, fully believes that it is real and will work, and writes someone’s name in it with the intent to kill them?

  • False@lemmy.world
    0·
    2 months ago

    Yes, that’s attempted murder. The method doesn’t matter, just the intent. A lawyer would likely argue that you can’t prove intent in this case, but in your hypothetical we know the intent.

    • 🇰 🌀 🇱 🇦 🇳 🇦 🇰 🇮 @pawb.socialEnglish
      0·
      2 months ago

      The method doesn’t matter, just the intent.

      So if I tried to kill someone using a voodoo doll and witchcraft while in another part of the world from the intended victim, would you consider that attempted murder?

      • lectricleopard@lemmy.world
        0·
        2 months ago

        A crime is any action that violates a law. If the law says it’s illegal to pick your nose, then mining gold makes you a criminal.

        Law is a human invention. It’s not discovered like mathematics, it’s created. Corner cases often make no sense and are simply not enforced. If they were, we’d see a lot of jury nullification in the long run.

  • The Pantser@lemmy.world
    0·
    2 months ago

    I think the attempted murder charge would fall on whoever installed the bomb and rigged up the button or the one instructing the person that if they press the button the person will die. The button presser may get away with it with the argument they were under duress.

  • NeoNachtwaechter@lemmy.world
    0·
    2 months ago

    Stupid bullshit …

    … is it always when someone asks about some legal stuff without saying what country’s/region’s/city’s law he is interested in.