Impossibility

Definition

Impossibility refers to a legal doctrine in criminal law where a defendant's attempt to commit a crime fails due to the unfeasibility of the criminal act. This can occur when the intended crime is not possible to complete because the means are unavailable or the object of the crime does not exist. Understanding impossibility is crucial as it differentiates between mere intent and actionable attempts, impacting whether an individual can be found guilty of attempted crimes.

5 Must Know Facts For Your Next Test

1. There are two main types of impossibility: factual impossibility, where a crime cannot be completed due to circumstances beyond the defendant's control, and legal impossibility, where the act, even if completed, would not constitute a crime.
2. Factual impossibility does not typically absolve a defendant from liability for attempt, while legal impossibility may provide a defense against such charges.
3. Impossibility doctrines help to clarify the threshold at which attempts become criminal, distinguishing between actual attempts and mere preparation or planning.
4. Jurisdictions differ in how they treat impossibility defenses; some may recognize it as a valid defense while others do not.
5. The distinction between factual and legal impossibility is significant in determining whether an individual can be convicted of attempted crimes.

Review Questions

• How does impossibility influence the determination of whether an action constitutes an attempted crime?
  • Impossibility plays a key role in deciding if an action qualifies as an attempt by evaluating whether the defendant could realistically complete the crime. If an individual takes steps towards committing a crime but fails due to factors outside their control (factual impossibility), they may still face liability. On the other hand, if the act itself is not a crime under any circumstances (legal impossibility), then the individual may have a valid defense against attempt charges.
• Discuss the differences between factual impossibility and legal impossibility and their implications in criminal attempts.
  • Factual impossibility occurs when the intended act cannot be completed due to external circumstances, such as trying to pickpocket an empty pocket. This type often does not absolve liability because the intent to commit the crime was present. Legal impossibility, however, exists when what the defendant intends to do is not actually a crime, even if completed. Understanding these differences is vital as they affect how courts assess culpability and intentions behind actions that fall short of completing an offense.
• Evaluate how variations in jurisdictional approaches to impossibility can impact defendants in attempted crime cases.
  • Different jurisdictions vary significantly in their treatment of impossibility as a defense in attempted crime cases. Some jurisdictions may accept factual impossibility as grounds for acquittal, while others strictly adhere to liability regardless of feasibility. This variability can lead to unequal application of justice and differing outcomes for defendants based on where their case is tried. As such, understanding local laws on this topic is crucial for effective legal representation and anticipating potential defenses.

Related terms

Criminal Attempt: An action taken towards committing a crime, which demonstrates intent but does not result in the completion of that crime.

Mens Rea: The mental state or intent of a person while committing a crime, which is necessary for establishing liability.

Factual Impossibility: A situation where the defendant's intended outcome cannot be achieved due to a factual circumstance, even though the defendant's actions were criminal in nature.