Assassination Attempt Prosecutions
What Is an Assassination Attempt?
An assassination attempt involves the intentional effort to kill a prominent individual, often a political figure, government official, or public figure. These attempts are treated as serious federal crimes due to their impact on public order, national security, or government operations.
Legal Framework
18 U.S.C. § 1751:
Protects the President, Vice President, and other successors from assassination attempts.
18 U.S.C. § 351:
Prohibits attempts to kill certain high-level officials, such as members of Congress and Supreme Court Justices.
18 U.S.C. § 1114:
Prohibits killing or attempting to kill officers or employees of the United States.
18 U.S.C. § 111:
Addresses assault on federal officers, including attempts causing serious injury.
Other statutes include conspiracy, use of firearms, explosives, and threats related to assassination attempts.
Elements Prosecutors Must Prove
The defendant knowingly and willfully attempted to kill a protected individual.
There was a specific intent to kill (not just harm).
The attempt involved some overt act toward committing the killing.
Key Cases in Assassination Attempt Prosecutions
1. United States v. Oscar Collazo (1950)
Facts: Collazo attempted to assassinate President Harry S. Truman at Blair House.
Charges: Attempted assassination of the President under 18 U.S.C. § 1751.
Outcome: Convicted and sentenced to death, later commuted to life imprisonment.
Significance: One of the earliest federal prosecutions involving an assassination attempt on a sitting president.
2. United States v. John Hinckley Jr. (1982)
Facts: Hinckley attempted to assassinate President Ronald Reagan, seriously injuring the President and others.
Charges: Attempted assassination, assault on federal officers.
Outcome: Found not guilty by reason of insanity; committed to a mental institution.
Significance: Landmark case that influenced the standards for criminal insanity defenses.
3. United States v. Shahzad (2010)
Facts: Faisal Shahzad attempted to detonate a car bomb in Times Square targeting civilians and government officials.
Charges: Attempted use of a weapon of mass destruction, attempted murder, and terrorism charges.
Outcome: Pleaded guilty; sentenced to life imprisonment.
Significance: Showed federal government’s robust response to attempted terrorism involving assassination or mass killing.
4. United States v. Oscar Ramiro Ortega-Hernandez (2015)
Facts: Ortega-Hernandez fired shots at the White House intending to assassinate President Obama.
Charges: Attempted assassination of the President and weapons charges.
Outcome: Convicted; sentenced to 25 years.
Significance: Demonstrated federal prosecution of assassination attempts even without injury to the target.
5. United States v. James Von Brunn (2009)
Facts: Von Brunn entered the Holocaust Museum with a weapon, intending to kill federal officials.
Charges: Attempted murder of federal officers and related firearms offenses.
Outcome: Died before trial; case underscored risks posed by extremist assassination attempts.
Significance: Highlighted federal preparedness for prosecuting assassination attempts against protected officials.
6. United States v. Malik Faisal Akram (2022)
Facts: Akram attempted to kidnap and threatened to kill hostages, including a government official, in a case with possible assassination intent.
Charges: Terrorism-related offenses and attempted assassination charges were considered.
Outcome: Akram died during the standoff; investigation underscored intersection of terrorism and assassination attempts.
Significance: Modern example of federal attention to violent threats against officials.
Summary Table
| Case | Year | Charges | Outcome | Significance |
|---|---|---|---|---|
| United States v. Collazo | 1950 | Attempted assassination of Pres. | Convicted, death commuted | Early prosecution for presidential attack |
| United States v. Hinckley Jr. | 1982 | Attempted assassination | NGRI, institutionalized | Changed insanity defense standards |
| United States v. Shahzad | 2010 | Attempted WMD use, terrorism | Guilty plea, life sentence | Terrorism and assassination attempt overlap |
| United States v. Ortega-Hernandez | 2015 | Attempted assassination | Convicted, 25 years | No injury but serious prosecution |
| United States v. Von Brunn | 2009 | Attempted murder federal officers | Died pre-trial | Extremist threat to federal officials |
| United States v. Akram | 2022 | Terrorism, kidnapping, threats | Died during standoff | Modern terrorism-linked assassination attempt |
Additional Notes
Insanity defenses are common but rarely successful in assassination attempts.
Attempts often involve firearms, explosives, or other weapons.
Federal prosecution is nearly always used due to the high-profile nature of the targets.
Sentences range from long-term imprisonment to the death penalty in some cases.
Evidence often includes surveillance, confessions, and forensic ballistic analysis.
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