How Do You Spell IMPOSSIBILITY DEFENSE?

Pronunciation: [ɪmpˌɒsəbˈɪlɪti dɪfˈɛns] (IPA)

The word "impossibility defense" refers to a legal strategy used to argue that a defendant is not guilty of a crime because it was impossible for them to commit the crime due to unusual circumstances. The correct spelling of this term is ['ɪmpɑsəbɪləti dɪˈfɛns]. The first syllable "im" is pronounced as "ɪm", the "o" in "impossibility" is pronounced as "ɑ", and the stress is on the third syllable. The phonetic transcription also shows that the final syllable "-si-ty" is pronounced as "-ti" with a schwa vowel in between.

IMPOSSIBILITY DEFENSE Meaning and Definition

1. The impossibility defense is a legal concept used to defend against criminal charges. It asserts that despite the defendant's intent or actions, it was impossible for them to commit the crime they are accused of. This defense primarily relies on the principle that for a crime to have occurred, there must be an actus reus (the guilty act) and a mens rea (the guilty mind). In other words, the defendant must have both committed the physical act and had the intention to commit the crime.

   The impossibility defense can be categorized into two main types: legal and factual impossibility. Legal impossibility arises when the defendant's actions do not meet the legal definition of the crime. For example, if a person possesses a substance they believe to be an illicit drug but it is actually a harmless substance, they can argue legal impossibility.

   On the other hand, factual impossibility occurs when the defendant's actions could not achieve the crime's intended outcome, even if they believed otherwise. For instance, if an individual steals an empty wallet, thinking it contains money, the impossibility defense could be applied.

   To successfully employ the impossibility defense, the defendant must prove that their actions did not amount to a crime due to the circumstances being impossible. This defense requires demonstrating that the act was legally or factually beyond their control, preventing the commission of the alleged offense.

   It is important to note that the availability and acceptance of the impossibility defense may vary depending on the jurisdiction and the specific circumstances of the case.

Etymology of IMPOSSIBILITY DEFENSE

The etymology of the term "impossibility defense" is relatively straightforward and can be understood by analyzing the origins and meanings of its constituent words.

1. Impossibility: The noun "impossibility" is derived from the Latin word "impossibilitatem", which combines the prefix "im-" (meaning "not" or "lack of") and the noun "possibilitatem" (meaning "possibility"). Hence, "impossibility" refers to the state or quality of being impossible or unable to be done.

2. Defense: The term "defense" comes from the Old French word "defens" or "deffense" before it entered Middle English. It ultimately derives from the Latin word "defendere", which combines "de-" (meaning "from" or "away") and "fendere" (meaning "strike" or "ward off").