This article discusses the problems posed by attempt crimes which have no chance of succeeding (often called "obviously impossible attempts"). Impossibility has largely been abolished as a defense to attempt crimes, so the obvious impossibility of an attempted crime is legally irrelevant in determining whether or not it should be punished. Even so, the author contends that many of the reasons attempt crimes are punished do not apply to obviously impossible attempts. The author's proposed solution is to add an element of "reasonableness" to the definition of attempt crimes.
Northern Illinois University Law Review
Brodie, Kyle S.
"The Obviously Impossible Attempt: A Proposed Revision to the Model Penal Code,"
Northern Illinois University Law Review: Vol. 15:
2, Article 9.
Kyle S. Brodie, The Obviously Impossible Attempt: A Proposed Revision to the Model Penal Code, 15 N. Ill. U. L. Rev. 237 (1995).