Also known as: inherently factually impossible · factual impossibility
Written by attorneys · grounded in primary & secondary sources — see below
A category of impossibility in attempt law arising when the chosen means are so inherently improbable that they cannot produce the intended criminal result.
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Iain Irons and Isaiah Ishikawa agree to place a death curse on a business competitor. They select a conjuror and pay the fee even though the method cannot possibly succeed. The agreement and intent alone establish conspiracy liability because factual impossibility supplies no defense.
Ingrid Innes asks Imran Iyer to cast a spell that will cause a bank vault to open. She offers payment and detailed instructions despite the spell's total ineffectiveness. The solicitation is complete under the circumstances as Ingrid believed them to be, so impossibility provides no defense.
Imani Idowu hires a conjuror and pays to place a lethal curse on her ex-husband. She believes the ritual will cause death even though the means are inherently incapable of doing so. The substantial step taken under her mistaken belief supports attempt liability because factual impossibility is not a defense.
Idina Iverson climbs into the rigging and performs a ritual she believes will cause a spotlight to fall on a performer. Redundant safety lines make any fall impossible, yet the ritual itself is inherently ineffective. The court rejects any impossibility defense and finds attempt liability on the facts as she believed them.
No. The common-law rules for conspiracy and solicitation measure culpability by the agreement or the solicitation itself and the intent to commit the crime. External facts that make success impossible, including inherent improbability, supply no defense.
…of whether the result can be accomplished. And even if the result, which would be death in this case, was a scientific or factual impossibility. In this case if you should be convinced beyond a reasonable doubt by the State's evidence that Mr. Smith's purpose was to kill Sheriff's Officer Waddington by biting him it does not matter…