In this scenario, there are two types of attempt that took place consecutively: completed and incomplete attempt.
First, it was completed when he pointed the gun at Jack and fired, mistakenly killing Pratt instead of Bert. Bert took all the required steps necessary to commit the criminal offense. He possessed all the three elements of criminal attempt, which are: an intent or purpose to commit a crime, an act or acts toward the commission of the crime and a failure to commit the crime. And attempt punishes an unsuccessful effort to commit a crime and specific intent or purpose to accomplish a criminal offense and an act to carry out the purpose are the requirements to convict an individual for inchoate crimes such as attempt which the suspect is guilty of. Therefore, however, the suspect in this case is liable for attempted murder and punishable such an offense. In the case of PEOPLE v. KIMBALL, 109 Mich. App. 273 (1981), 311 N.W.2d 343, a defendant was convicted and sentenced for attempted murder. The court ruled that the defendant’s conviction and sentencing was not based on the fact that he abandoned the crime which was not voluntary, the court ruled by saying; “where the statute, as here, says that when a defendant shall fail in the perpetration of a crime; that is enough to convict for an attempt. The statute is clear and unambiguous, clearly permitting, under the facts in this case, a conviction for an attempt.”
Again, objective approach to criminal attempt, an act is required to come extremely close to the commission of the crime. In this definition, the suspect has has done every thing from getting a gun, loading the gun and pointing it at the target, is an evidence that he purposely want to commit the crime. He has already posed a threat to the targeted individual and the society in genaral even when the crime was not actualized. For this reason, the