Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureMedium
A defendant, intending to kill his rival, places a deadly poison in a glass of water on his rival's nightstand. Unbeknownst to the defendant, the rival had died of a heart attack an hour earlier. The defendant is subsequently charged with attempted murder. Which of the following is the most likely outcome regarding the attempted murder charge?
- AThe defendant can be convicted because factual impossibility is not a defense.
- BThe defendant cannot be convicted because the crime was factually impossible.
- CThe defendant cannot be convicted because the crime was legally impossible.
- DThe defendant can be convicted because he demonstrated a clear intent to kill.
Show answer & explanationAnswer & explanation
Correct answer: A. The defendant can be convicted because factual impossibility is not a defense.
Factual impossibility occurs when the defendant's intended crime could not be completed due to circumstances unknown to the defendant. However, if the defendant had the intent to commit the crime and took a substantial step towards its commission, factual impossibility is generally not a defense to attempt. Here, the defendant intended to kill and took a substantial step (placing poison).
Why the other options are wrong
- B. Factual impossibility is generally not a defense to attempt crimes, as the focus is on the defendant's intent and actions.
- C. Legal impossibility exists when the defendant's intended act, even if completed, would not constitute a crime, which is not the case here.
- D. While intent is crucial, the complete statement regarding factual impossibility is more precise as the reason for conviction.
Factual Impossibility (Attempt)
A defense to attempt where the defendant's intended crime could not have been completed due to external circumstances unknown to the defendant, but it is generally *not* a valid defense.
- Relates to the specific facts of the case, not the legality of the act itself.
- The defendant's intent and substantial step are paramount.
- Contrast with legal impossibility, which *is* a defense.
Memory trick: Conspire, Attempt, Solicit: Incomplete but Criminal.