Dave decides to kill his grandfather. He takes two knives and a club and gets into his Mercedes sports utility vehicle (SUV) which breaks down on the Nebraska interstate
Dave is arrested and when police go to his home they discover his cousin has been murdered. Police decide that Dave was going to kill his grandfather and charge him with both the murder of the cousin and the attempted murder of the grandfather. Dave defends on the attempt charge on the basis on impossibility because his SUV broke down. Will Dave's impossibility defense be successful at trial?
What will be an ideal response?
ANSWER: Answers may vary: No, Dave's defense will not be successful. The prosecution will likely prove the elements of attempt, that Dave had the mens rea to murder his grandfather, was taking overt steps to achieve that goal satisfying the actus reus of the crime and the crime was not completed through no fault of his own. The fact that the SUV broke down making it "impossible" for Dave to successfully murder his grandfather will not work here.
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