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Philosophy

Inchoate Offenses and the Impossibility Defense in Attempt

Quick fact

In most US jurisdictions, factual impossibility is not a defense to attempt, so a burglar who breaks into an empty safe is still guilty of attempted burglary, reflecting a focus on dangerous intent over actual harm.

Why this is interesting

Can a person be punished for trying to commit a crime that is impossible to complete? For example, picking an empty pocket or shooting a corpse—many jurisdictions still treat these as punishable attempts, but not always.