Criminal Attempts

The essay will explain Juan Manuel Duran Jr.’s case charged with attempted aggravated murder and aggravated sexual abuse of a child, of his girlfriend’s baby. Duran should be found guilty of attempted murder because he repeatedly sexually and physically abused the baby, along with the suffocation attempt with a  towel. Attempted aggravated murder is a first-degree felony and is punishable with five years to life in prison, with a fine up to $ 10,000. Punishment for attempted murder should be less than murder because the victim is still alive, and in some cases, the defendant could not be trying to directly kill the victim.

 Juan Manuel Duran Jr. was charged with attempted aggravated murder for supposedly abusing his girlfriend’s 6-month-old baby. Along with the attempted aggravated murder charge, Duran was also accused of aggravated of sexual abuse of a child. Duran’s girlfriend called the police on July 12, 2013 to report his boyfriend was trying to suffocate her baby with a towel. The woman also reported to the police that Duran told her in a different occasion that “ he wished the child was dead, and that he should "just throw him out the f---ing window" ( The Salt Lake Tribune, 2013). The baby was taken to the hospital and was determined by the pediatrician, the baby had been abused for weeks, based on the bruises and bite marks in his little body. Duran should be charged of guilty of attempted murder because he clearly tried to murder the baby by putting a towel on his face. According to Lippman ( 2012), “ the intent may make an act, innocent in itself, criminal.. nor is the competition of an act, criminal in itself, necessary to constitute criminality”(p. 117). Duran failed to kill the baby  but it does not change the fact he was trying to hurt him to death. The criminal attempt has three elements:

·         An intent or purpose to commit a crime: Duran knew putting a towel over the baby’s face would severely hurt him, if not kill him. He purposely and intentionally physically abused the baby.

·         An act or acts toward the commission of the crime: Duran abused the 6-month-old for weeks by biting him, hitting him in the head, and trying to suffocate him with a towel.

·         A failure to complete the crime: If it wasn’t for the baby’s mother who found her boyfriend trying to suffocate her son with a towel, he could have died at that moment.

                In the state of Utah, attempted aggravated murder is a first degree felony, with a possible prison time of five years to life in prison and a fine up to $10,000; murder is punished the same as attempted aggravated murder. I agree punishment for attempted murder should be less because in other cases, the defendant might not be trying to actually kill the victim. In addition, it is worse killing the victim, than having a survival victim; it makes sense to punish the defendant for trying or acting recklessly, which is not the same as killing. However, in Duran’s case, he should be severely punished because he sexually and physically abused this baby. Duran and he should be charged with attempted murder and life in prison. Most likely he will be charged with two first-degree felonies for attempted aggravated murder and aggravated sexual abuse of a child, resulting in a total of almost life in prison.