Strands #269 “Come Fly With...
Quizzes & Puzzles3 mins ago
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For more on marking an answer as the "Best Answer", please visit our FAQ.In my opinion the severity of the "punishment" for the attacker should be entirely dependent on two things:
1. The amount of harm the drug dealer was doing to the community. Was he selling extremely harmful drugs? To children? Was he responsible for other crimes, and how serious were these? In the police's opinion, would he have ever stopped if someone hadn't stopped him?
2. The behaviour and mindset of the attacker. Did he contact the police before taking matters into his own hands? Did he stab the man because he wanted to put an end to his wicked ways, or because of an unrelated personal dispute? Was the stabbing intended to be fatal, or merely enough to scare the drug dealer off / teach him a lesson? Was the decision to attack a reluctant one, arrived at because the man felt he had no other options...or does he have more of a "and I'd do it again, too" kind of attitude?
If the same man had killed Hitler no one would complain; the problem is in judging whether the attacker is a dangerous man who is likely to strike again, or an ordinary person who was just trying to do the right thing. Either way, I think the minimum sentence should be a few months of psychiatric counselling - to determine whether the man is "safe" to return to his family, or if not, perhaps to set him on the track to recovery.
Criminal offences are taken as crimes against the state. Which is why in law reports they are R v Name (with R standing for Regina or Rex - Queen or King - Head of State) As such whether or not the victim wants to press charges is technically not that relevant.
When an offence such as this is committed the police would work to gather evidence - including taking witness statements. It is then up to the Crown Prosecution Service to decide whether there is enough evidence to provide a realistic possibility of conviction. If there is not then no one will be charged and the person who committed the offence will have effectively got away with it. They could then just go home.
Of course, should further evidence arise later then they could be charged at a later date - particularly in a scenario as serious as the attempted murder that you described in your question.
Normally the evidence would include a statement from the victim as well as any witnesses. If people refuse to make statements or deny having seen anything then this would of course make proving what happened harder.
It is however perfectly possible to charge someone entirely on the basis of forensic (non human) evidence. In a case such as this there might be CCTV footage to put the person who did the stabbing on the scene. There might be the victim's blood found on the person or on his clothing. Traces from his clothing may have transferred to the victim. The weapon might be found with traces of the victim's blood on it. It might also have the offender's fingerprints on it. There have been many cases entirely reliant on forensic evidence.