Criminal Law · Impossibility Criminal
Clear answer to: How Does Impossibility Criminal in Criminal Law? with key cases, examples, and exam tips for law students.
Impossibility in criminal law refers to circumstances where a defendant cannot complete a crime due to an external factor; this can be classified as either factual or legal impossibility, each with different implications for liability.
Impossibility in criminal law concerns situations where a defendant's intended actions cannot result in the commission of a crime. There are primarily two forms of impossibility: factual and legal. Factual impossibility occurs when a defendant's intended goal is unattainable due to circumstances unknown to them, such as trying to pickpocket an empty pocket. Legal impossibility, on the other hand, arises when the actions taken are not criminal, regardless of the defendant's belief to the contrary. For instance, if a person believes they are committing theft but mistakenly takes property that they already own, this may constitute legal impossibility.
The distinction between these two types of impossibility significantly impacts criminal liability. Factual impossibility does not typically serve as a defense to criminal charges in most jurisdictions, meaning the defendant can still be held accountable for attempting to commit a crime, while legal impossibility may serve as a viable defense if the act itself is not a punishable offense.
Several key cases illustrate the application of impossibility in criminal law. In *People v. Dlugash* (1977), the court addressed factual impossibility by confirming that it does not negate criminal liability for attempted murder. Conversely, in *US v. McCraw* (2000), the legal impossibility was upheld where the defendant’s conduct did not qualify as a crime under the law.
Understanding these nuances helps clarify the application of impossibility defenses in real-world scenarios and in trials, leading to precise arguments regarding a defendant's intent and actions. Both concepts serve as essential components in evaluating the culpability and the legal interpretations surrounding attempt offenses in criminal law.
A defendant attempts to sell illegal drugs, believing them to be cocaine, but it turns out to be baby powder. This scenario demonstrates factual impossibility, as the defendant's efforts do not result in committing the crime of drug trafficking, yet they can still be charged with an attempt.
Impossibility typically appears on exams in multiple choice questions or hypotheticals concerning attempts, where students must differentiate between factual and legal impossibility and analyze the applicability of defenses.