Impossibility Defeats Attempt
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
21413_paul_archery_variance · CRIMINAL · Choice AYes, because attempted murder requires an actual injury.
Why it's attractive
Attempt crimes by definition involve conduct that falls short of completion. Attempted murder requires intent + substantial step, not injury. This choice is factually wrong.
Why it's wrong
Attempt crimes by definition involve conduct that falls short of completion. Attempted murder requires intent + substantial step, not injury. This choice is factually wrong.
21413_paul_archery_variance · CRIMINAL · Choice BNo, but only because Paul was standing close to Timothy.
Why it's attractive
Distance is not the legal test for attempt. The key is intent + substantial step. A defendant who fires from 200 yards with intent to kill is still guilty of attempted murder. This choice proves a non-dispositive element.
Why it's wrong
Distance is not the legal test for attempt. The key is intent + substantial step. A defendant who fires from 200 yards with intent to kill is still guilty of attempted murder. This choice proves a non-dispositive element.
21413_paul_archery_variance · CRIMINAL · Choice DYes, because a crossbow with no string cannot cause death.
Why it's attractive
A crossbow with no string truly cannot cause death. But factual impossibility is not a defense to attempt. The Gold Key — 'if the facts were as the defendant believed, would it be a crime?' — kills this trap.
Why it's wrong
A crossbow with no string truly cannot cause death. But factual impossibility is not a defense to attempt. The Gold Key — 'if the facts were as the defendant believed, would it be a crime?' — kills this trap.
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