Impossibility defense

This article is about the criminal defense. For the excuse for non-performance of a contract, see Impossibility of performance.

An impossibility defense is a criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime was factually or legally impossible to commit.[1] Factual impossibility is rarely an adequate defense at common law. This is not to be confused with a "mistake of fact" defense, which may be a defense to a specific intent crime like larceny.[2]

  1. ^ Richard M. Bonnie; Anne M. Coughlin; John C. Jefferies, Jr.; Peter W. Low (1997). Criminal Law. Westbury, NY: The Foundation Press. p. 251. ISBN 1-56662-448-7.
  2. ^ John Hasnas (2002). "Once More unto the Breach:The Inherent Liberalism of the Criminal Law and Liability for Attempting the Impossible" (PDF). George Mason University School of Law - Hastings Law Journal. p. 13. Retrieved 2008-01-25.