Dad Runs Daughter Over with Car as Punishment: Criminal Attempt
In modern society, debates rage about which methods of discipline are appropriate for parents to use with their children. Most of the debate is focused on the ethics of spanking versus non-physical means of punishment and proponents of both sides differ as to what is acceptable and what amounts to going too far. In an effort to define with greater clarity what does indeed “go too far,” an Iraqi immigrant father living in Arizona recently ran his daughter over with the family car because he felt she was becoming too Americanized. The dad was apparently upset that the daughter was not living in comport with traditional Iraqi values and thus ran her over with the belief that she had caused the family too much dishonor to be allowed to live. He was later arrested at the Atlanta airport, but there is no word yet on what charges he will face. As of the writing of this article, the daughter remains hospitalized.
In Tennessee, the father would be looking at a litany of charges, most notably some sort of attempted murder charge (assuming the victim does not die from the injuries) depending on the circumstances surrounding the incident and the father’s mental state. Criminal attempt is an “inchoate offense,” which basically means that the person charged is accused of acting with the intent to commit the offense or attempting to commit the offense but did not actually follow through with the commission of the offense in such a manner that the offense attempted can be charged. For example, the father in this case allegedly attempted to kill his daughter by running over her with his vehicle and took steps to accomplish that goal. If the father’s plan would have been successful, he would have been guilty of murder. However, if the daughter does not die as a result of the attack, one of the necessary elements of a murder charge, a “killing,” is absent under the circumstances. Thus, the father can only be charged with attempted murder.
Tennessee law provides that criminal attempt is to be graded one classification lower than the most serious crime attempted where the most serious crime attempted is not a Class C Misdemeanor. Thus, if prosecutors decided that the most serious crime attempted was second degree murder, they would reduce the classification of second degree murder (a Class A felony) by one and charge the dad with the Class B felony of attempted second degree murder. This case serves as a good illustration of how the offense of criminal attempt is charged in Tennessee and the purpose behind it. It is primarily intended to punish an offender who intends to commit an offense and takes every step necessary to do so, but for whatever reason is unable to commit the offense intended.
Source: http://www.cnn.com/2009/CRIME/10/21/arizona.iraqi.daughter.struck/index.html