Carol shoots her father Carl with malice aforethought. He thereafter lingers in a coma for two months and then dies. Carol is in a jurisdiction that recognizes merger for attempt and that alsorequires a victim to die within one year and a day if the defendant is to be charged with murder. Can Carol be charged with attempted murder and murder? Why or why not?

Respuesta :

Answer:

it would be considered murder the victim ended up dying therefore there would be another trial after the victims death and depending on the evidence of the origional trial the jury would decide

Carol could be arrested for murder because the legal statute suggests that if the victim dies within a year and one day, it would be considered a murder, and Carol’s father died within two months.

What is malice aforethought?

An intention which distinguishes murder from unlawful killing. In this, the intention is clear: to kill or to cause harm. It is a mental element that is required in the first degree to prove murder under Federal law.

In simple words, it can be described as the mental state of a person in which they clearly intend to kill someone.

Therefore, Carol could be arrested for murder.

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