Criminal Law · Impossibility Criminal
Clear answer to: What Are The Defenses To Impossibility Criminal in Criminal Law? with key cases, examples, and exam tips for law students.
The two primary defenses of impossibility in criminal law are 'factual impossibility' and 'legal impossibility'. Factual impossibility occurs when physical circumstances prevent the completion of a crime, while legal impossibility arises when the intended acts do not constitute a crime.
In criminal law, 'impossibility' is categorized into two main defenses: factual impossibility and legal impossibility. Factual impossibility exists when a defendant intends to commit a crime, but some physical or factual condition prevents the completion of the crime. For example, if a person attempts to pickpocket someone who has no pockets, they may raise a factual impossibility defense because the crime could not logically occur.
Legal impossibility, on the other hand, occurs when the defendant's intended act is not a crime due to a legal reason. An example of legal impossibility occurs when a person attempts to buy drugs that they think are illegal, but those substances are actually legal. In this situation, the intended crime does not exist under the law, providing a more robust defense.
Jurisdictions vary significantly on the acceptance of these defenses, especially concerning factual vs. legal impossibility. Most jurisdictions accept legal impossibility as a valid defense, while opinions on factual impossibility are often more divided. Courts in some areas may deny defenses based on the defendant's culpable intent, despite the physical impossibility, arguing that the intent to commit a crime itself holds moral culpability.
Key case law provides guidance on these defenses. In *People v. O’Grady* (1974), the court upheld factual impossibility as a defense, while *United States v. Tatum* (1974) illustrates the acceptance of legal impossibility. Understanding the nuances between these defenses is crucial for legal analyses in criminal law.
Therefore, when presented with cases involving attempted crimes, analysis of the facts will reveal whether an impossibility defense may apply, stressing the importance of intent and the criminality of the intended act.
A person attempts to pick a lock to enter a house believing it is abandoned, but the house is actually protected by an alarm system that does not exist. Here, they may assert a defense of factual impossibility as their crime (burglary) could not be completed due to an unforeseen physical barrier.
Impossibility defenses are often tested in exams through hypothetical scenarios requiring students to analyze whether factual or legal impossibility applies. Understanding the nuances of each type is essential for achieving better outcomes in hypotheticals.