Factual Impossibility Is Defense
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
14694_factual-impossibility-hunter · CRIMINAL · Choice AGuilty of attempted murder, because a reasonable person would not have been aware of the limited range of the BB rifle.
Why it's attractive
Attempt uses the defendant's actual intent, not a reasonable-person standard. If you see 'reasonable person' in an attempt question, it's almost certainly wrong.
Why it's wrong
Attempt uses the defendant's actual intent, not a reasonable-person standard. If you see 'reasonable person' in an attempt question, it's almost certainly wrong.
14694_factual-impossibility-hunter · CRIMINAL · Choice BNot guilty of attempted murder, but guilty of assault.
Why it's attractive
The call asks about attempted murder. A choice that says 'not guilty of attempted murder but guilty of assault' is answering a different question — it concedes the premise and pivots to a lesser charge.
Why it's wrong
The call asks about attempted murder. A choice that says 'not guilty of attempted murder but guilty of assault' is answering a different question — it concedes the premise and pivots to a lesser charge.
14694_factual-impossibility-hunter · CRIMINAL · Choice DNot guilty of attempted murder, or any lesser included offense, because under the circumstances it was impossible for Peter to have killed Barnabas.
Why it's attractive
Factual impossibility is NOT a defense to attempt. This is one of the most commonly tested MBE traps. If the defendant didn't know the facts made it impossible, the intent is still there.
Why it's wrong
Factual impossibility is NOT a defense to attempt. This is one of the most commonly tested MBE traps. If the defendant didn't know the facts made it impossible, the intent is still there.
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