Criminal Law · Impossibility Criminal
Clear answer to: Is It Possible To Impossibility Criminal in Criminal Law? with key cases, examples, and exam tips for law students.
Yes, under certain doctrines of impossibility, an individual may have a defense to criminal liability if the actions taken were impossible to achieve the intended criminal objective, depending on jurisdiction and the type of impossibility.
In criminal law, the concept of impossibility relates to circumstances in which a defendant intends to commit a crime but, due to some factual or legal impossibility, is unable to achieve that intent. There are two primary types of impossibility: factual impossibility, where the criminal act could not be completed due to an unknown fact, and legal impossibility, where the act would not constitute a crime even if the defendant had succeeded in their intended action. Some jurisdictions recognize these doctrines while others do not, leading to differing outcomes in similar cases.
For instance, in the case of *People v. McGowan* (1976), the court held that a defendant could not be found guilty of attempting to commit theft when he legitimately believed he was stealing. This exemplifies factual impossibility, as the crime's completion was unachievable based on circumstances not known to the defendant. Conversely, a legal impossibility case often hinges on the nature of the act and whether it constitutes a crime under the law, even if performed successfully.
It is important to note that not all jurisdictions accept the defense of impossibility. Some jurisdictions, like those following the Model Penal Code, may be more inclined to recognize legal impossibility but may reject factual impossibility as a defense. Consequently, understanding the jurisdictional nuances is crucial for evaluating cases involving impossibility.
Additionally, impossibility as a defense is often weighed against the intent of the actor. Jurisprudential tests frequently focus on whether the attempt can be recognized as a genuine effort to commit a crime or if it circumvents moral culpability. Therefore, while impossibility may offer a pathway to exculpation, its applicability varies significantly based on the jurisdiction and specific circumstances of the actions taken.
A defendant attempts to pickpocket someone but mistakenly believes they are wearing a coat when they are not, thus unable to succeed. Here, the defendant may claim a defense based on factual impossibility, as the intended act could not be completed.
Questions regarding impossibility often test the understanding of criminal attempts and the difference between factual and legal impossibility, typically requiring analysis of specific case law.