A little bit more on attempted crimes, yesterday's crim law topic.
Our readings included State v. Smallwood, where the question at issue was whether someone who engaged in unprotected sex while knowingly HIV positive could be charged with attempted murder. In its analysis of circumstantial evidence, the court cited State v. Raines (326 Md. 582), where they reasoned that "under the proper circumstances, an intent to kill may be inferred from the use of a deadly weapon directed at a vital part of the human body." Putting a gun through the window of a tractor-trailer and shooting: attempted murder.
What isn't attempted murder, then? Well, shooting someone in the fleshy part of the thigh isn't. In fact, it might even help them sell more records.
What else isn't? The charge on Omar Little's record (04:58 onwards, language NSFW). While evidence of intent is tricky, it's clear to Omar that he didn't intend to kill Mike-Mike. He shot him in the hind parts, not in a vital organ. It's worth noting that this is the only one of the charges against him that he objects to. Omar knows that that charge isn't legit (and that's before we even start to talk about intent - his aim was to take drugs, not to take life).
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