Why Rep. Bill Denny's attempted murder legislation keeps failing

For over a decade now, Rep. Bill Denny (R - Jackson) has been introducing legislation that would purportedly create the offense of attempted murder in Mississippi. His attempted murder bills have died every year, including this year, even though his party is in complete control of the Mississippi legislative process.

On its face, the bill seems to make sense. If someone sets out to murder someone and fails because their intended victim lives, that's attempted murder. And traditionally, attempted crimes carry a punishment similar to the completed crime. However, in modern Mississippi criminal practice such crimes are prosecuted as aggravated assaults rather than attempted murders. That might lead you to think that we just don't have attempted murder in our statutes, and that we should rectify the problem by passing legislation like Denny's.

You'd be wrong.



Section 97-1-7 of the Mississippi Code creates the crime of attempted murder and sets the sentence for it:

Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof, shall, where no provision is made by law for the punishment of such offense, be punished as follows: If the offense attempted to be committed be capital, such offense shall be punished by imprisonment in the penitentiary not exceeding ten years; if the offense attempted be punishable by imprisonment in the penitentiary, or by fine and imprisonment in the county jail, then the attempt to commit such offense shall be punished for a period or for an amount not greater than is prescribed for the actual commission of the offense so attempted. (Emphasis added.)

In an earlier post, I explained that murder is a capital offense, meaning that the above statute sets 10 years as the maximum sentence for an attempted murder.  Aggravated assault carries a penalty of 20 years, and that's why prosecutors seek convictions for aggravated assault rather than attempted murder.  The more prudent way to go about increasing the penalty for attempted murder isn't to monkey around too much with aggravated assault.  It's to amend 97-1-7.