Week Two Written Assignment

877 words - 4 pages

When a person takes steps toward the commission of a crime and has a specific intent to commit the crime, but for unforeseen reasons is unable to complete the crime the person has committed the crime of Attempt (Jirard, 2009). In the case of the State of Indiana versus Donald J. Haines, emergency personnel including two police officers [Dennis and Hayworth] along with emergency medical technicians [Garvey and Robinson] responded to Mr. Haines’s apartment for a report of a possible suicide that just occurred. When officers Dennis and Hayworth arrived at Haines’s apartment they discovered him lying face down in a pool of blood. Officer Dennis noticed that both of Haines’s wrists were cut and were bleeding. When Haines heard the paramedics he stood up, and began screaming at Dennis that he has AIDS and that he should be left to die. Dennis advised Haines that he was there to help him, and Haines told Dennis that he wanted to fuck him so that he could give him AIDS. Haines than told Dennis that he was going to utilize his wounds to spray blood on him, and began to jerk back and forth causing his infected blood to get into Dennis’ mouth and eyes. Haines told Dennis that he could not deal with having AIDS, but that he was going to make him deal with it.
Upon the arrival of EMT’s Haines struggled with Garvey and Robinson threatening to infect them both with AIDS by spitting at them both. As Officer Dennis handcuffed Haines so that he could be transported to the hospital; Haines kicked, bit, and scratched Dennis. Once at the hospital Haines continued with his aggressive behavior and his vulgar comments in reference to having AIDS and wanting to show everyone else what it was like to have the disease and die. Haines concluded his episode by biting Garvey and spitting, kicking, and throwing his blood at Garvey and EMT Jewel. Haines’ homosexual lover [Roger Conn] recalled that Haines’ doctor [Kenneth Pennington] informed Haines that he had the AIDS virus. Conn remembers Haines telling him that the disease was fatal.
The legal issue of this case is did Haines commit the crime of attempted murder in three different instances. According to the text, the law seeks to assign an appropriate level of punishment based on the defendant’s mens rea, or guilty state of mind, at the time of the crime was committed (Jirard, 2009). The author’s perspective of the case is that Haines definitely had the intent to commit the crime of murder by infecting Dennis, Garvey, and Jewel with his blood which he...

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