Question 1

In order to be an accessory after the fact, the actor must:&#10;A)aid the offender out of friendship.&#10;B)provide false information to authorities.&#10;C)know that the person aided committed a felony.&#10;D)hide the offender from authorities.

Accepted Answer

To be an accessory after the fact, the actor must know that the person they are aiding has committed a felony.

Question 2

Distinguishing factual from legal impossibility:&#10;A)is a jury issue.&#10;B)is an issue for the judge.&#10;C)is not required under the Model Penal Code.&#10;D)affects only punishment, not conviction.

Accepted Answer

The Model Penal Code does not require distinguishing between factual and legal impossibility, as it focuses on the actor's intent and conduct rather than the nature of the impossibility.

Question 3

Under common law, the party who must be present (at least constructively) at the scene of a crime is:&#10;A)the aider and abettor (principal in the second degree).&#10;B)the accessory after the fact.&#10;C)the accessory before the fact.&#10;D)the conspirator.

Accepted Answer

Under common law, the aider and abettor (principal in the second degree) must be present (at least constructively) at the scene of a crime. The other choices all involve someone who did not necessarily have to be present at the scene of the crime. The aider and abettor (principal in the second degree) is considered to be present at the scene of the crime, either physically or constructively, since they actively assist in the commission of the crime. Accessory after the fact, accessory before the fact, and conspirators may not be physically present at the scene of the crime, though they may have played a role in its planning or cover-up.

Question 4

The criminal law may focus on conduct that occurs:&#10;A)prior to crime only.&#10;B)during crime only.&#10;C)after crime only.&#10;D)before, during, and after crime.

Accepted Answer

The criminal law can cover conduct that occurs before, during, and after a crime. This includes actions such as planning a crime beforehand, committing the crime itself, and attempting to cover it up afterwards. The criminal law aims to hold individuals accountable for their actions at all stages of the criminal process. Criminal law can focus on behavior that occurred before, during, and after a crime. This includes actions taken in preparation for the crime (such as purchasing weapons), behavior during the crime (such as using physical force or threats of harm), and conduct after the crime (such as attempting to cover up evidence or flee the scene). All of this behavior can be subject to criminal prosecution.

Question 5

When a defendant abandons the intent to go through with a crime, the defendant:&#10;A)is innocent of any attempt charge.&#10;B)may still be guilty of a criminal attempt.&#10;C)is still guilty of solicitation.&#10;D)may be fined, but not imprisoned.

Accepted Answer

Abandoning the intent to go through with a crime does not automatically negate the possibility of being guilty of a criminal attempt. The determination of guilt can depend on how far the attempt progressed and other factors.

Question 6

The mens rea required for an attempt is:&#10;A)the intent to commit any unlawful act.&#10;B)the intent to act recklessly.&#10;C)the intent to create harm.&#10;D)the intent to commit the specific crime in question.

Accepted Answer

The mens rea required for an attempt is the intent to commit the specific crime in question. This means that the defendant must have intended to commit the crime that they are accused of attempting, rather than simply intending to commit any unlawful act or intending to act recklessly. The intent to cause harm may be relevant in certain cases, but it is not the required mens rea for attempt. The intent required for an attempt is the intent to commit the specific crime in question. This means that the individual must have intended to carry out all of the necessary actions to complete the crime, but was unable to do so for some reason. Simply intending to commit any unlawful act, act recklessly, or create harm is not enough to constitute an attempt.

Question 7

The mens rea of an accomplice may be:&#10;A)strict liability.&#10;B)criminal negligence.&#10;C)an intent to aid the crime's execution.&#10;D)criminal recklessness.

Accepted Answer

The mens rea of an accomplice includes an intent to aid or encourage the commission of a crime. This means that the accomplice must have the specific desire to help the primary offender commit the crime. Strict liability, criminal negligence, and criminal recklessness are not applicable to accomplice liability as they do not require an intent to aid the commission of the crime. The mens rea of an accomplice involves having an intent to aid the crime's execution. This means that the accomplice knowingly and intentionally helps or encourages another person to commit a crime. It is not strict liability, criminal negligence or criminal recklessness, as these involve different levels of intent or lack thereof.

Question 8

An accessory after the fact:&#10;A)helps plan the crime.&#10;B)gives aid and comfort to persons known to have committed crimes.&#10;C)drives the getaway car.&#10;D)serves as a lookout during a crime.

Accepted Answer

An accessory after the fact is someone who gives aid or comfort to a person known to have committed a crime. They may not have been involved in planning or executing the crime, but they provide assistance after the fact. Driving the getaway car or serving as a lookout would fall under being an accomplice to the crime. An accessory after the fact is someone who gives aid or comfort to a person known to have committed a crime. They did not necessarily have to plan or participate in the crime themselves. Choices A, C, and D are all roles that someone could play in planning or committing a crime, but they do not necessarily make that person an accessory after the fact.

Question 9

A defendant attempts an abortion on a woman who is not pregnant.This is an example of:&#10;A)reckless impossibility.&#10;B)factual impossibility.&#10;C)constructive impossibility.&#10;D)mistaken impossibility.

Accepted Answer

Factual impossibility occurs when a defendant attempts to commit a crime, but the objective facts make it impossible to complete the crime. In this case, the defendant attempted to commit abortion on a woman who was not pregnant, which is factually impossible to achieve. Therefore, this is an example of factual impossibility. Factual impossibility occurs when the defendant intends to commit a crime but the circumstances or facts make it impossible to actually complete the crime. In this case, the defendant's attempt at abortion is impossible because the woman is not actually pregnant, making it an example of factual impossibility.

Question 10

Inchoate crimes punish:&#10;A)criminal intent without any requirement for a physical act.&#10;B)people who intend and act to commit a crime.&#10;C)without regard to the defendant's mens rea.&#10;D)group behavior.

Accepted Answer

Inchoate crimes punish individuals who have the intent and take some action towards committing a crime, even if the crime is not completed.

Question 11

The party to a crime who engages in some form of obstruction of justice is:&#10;A)an accessory before the fact.&#10;B)a principal in the first degree.&#10;C)a principal in the second degree.&#10;D)an accessory after the fact.

Accepted Answer

The answer of The party to a crime who engages...

Question 12

The physical proximity doctrine is used to establish:&#10;A)the difference between conspiracy and solicitation.&#10;B)the nature of the agreement in conspiracy.&#10;C)the act necessary for the crime of attempt.&#10;D)the difference between attempted and completed crimes.

Accepted Answer

The answer of The physical proximity doctrine is used to...

Question 13

Legal impossibility exists when:&#10;A)the completed conduct is not a consummated crime.&#10;B)the actor has not done all that he or she intends to do.&#10;C)the criminal harm cannot possibly result from the action taken.&#10;D)an extraneous factor prevents the crime's completion.

Accepted Answer

The answer of Legal impossibility exists when:&#10;A)the completed conduct is...

Question 14

Which of the following circumstances might render the defendant an accessory before the fact?&#10;A)Being present at the scene of a crime&#10;B)Supplying instrumentalities of crime&#10;C)Possessing knowledge that a crime has occurred&#10;D)Failing to report a crime

Accepted Answer

The answer of Which of the following circumstances might render...

Question 15

At common law, accessories before the fact were:&#10;A)lookouts and getaway drivers.&#10;B)the actual perpetrators of crimes.&#10;C)criminal planners who were not conspirators.&#10;D)not present when crimes were committed.

Accepted Answer

The answer of At common law, accessories before the fact...

Question 16

Attempts:&#10;A)punish for mere intention to commit a crime.&#10;B)treat thoughts as actions.&#10;C)require criminal intent and an act beyond mere preparation.&#10;D)are misdemeanors, not felonies.

Accepted Answer

The answer of Attempts:&#10;A)punish for mere intention to commit a...

Question 17

Which of the following participants in felonies are punished by the common law?&#10;A)Actual perpetrators&#10;B)Aiders and abettors&#10;C)Conspirators&#10;D)All of the above

Accepted Answer

The answer of Which of the following participants in felonies...

Question 18

Most jurisdictions treat accessories after the fact as:&#10;A)coconspirators.&#10;B)equivalent to accessories before the fact.&#10;C)principals to the crime.&#10;D)less serious offenders.

Accepted Answer

The answer of Most jurisdictions treat accessories after the fact...

Question 19

Abandonment of a criminal intent:&#10;A)may constitute a defense to attempt.&#10;B)is never a defense.&#10;C)creates factual impossibility.&#10;D)creates legal impossibility.

Accepted Answer

The answer of Abandonment of a criminal intent:&#10;A)may constitute a...

Question 20

An inchoate crime is:&#10;A)an incomplete crime.&#10;B)a status crime.&#10;C)a crime of omission.&#10;D)a statutory creation.

Accepted Answer

The answer of An inchoate crime is:&#10;A)an incomplete crime.&#10;B)a status...

Question 21

An innocent human agent is:&#10;A)one who has been acquitted of all charges.&#10;B)one who performs no physical acts.&#10;C)one who has plea bargained with the prosecution.&#10;D)one who commits the physical acts constituting a crime, but has a valid defense to the charge.

Accepted Answer

The answer of An innocent human agent is:&#10;A)one who has...

Question 22

In conspiracy law, Wharton's rule:&#10;A)permits a conspiracy conviction even if only one actor can be proved guilty.&#10;B)requires an act in furtherance of the conspiracy.&#10;C)requires at least one person more than it takes to commit the consummated crime.&#10;D)requires acquittal when all other conspirators are acquitted.

Accepted Answer

The answer of In conspiracy law, Wharton's rule:&#10;A)permits a conspiracy...

Question 23

Which is the most remote from the completion of a crime?&#10;A)Conspiracy&#10;B)Attempt&#10;C)Preparation&#10;D)Aiding and abetting

Accepted Answer

The answer of Which is the most remote from the...

Question 24

Merger is a concept that:&#10;A)subsumes a previously distinct offense within a greater offense.&#10;B)allows multiple charges at a single trial.&#10;C)allows one trial of joint defendants.&#10;D)combines all offenses for sentencing purposes.

Accepted Answer

The answer of Merger is a concept that:&#10;A)subsumes a previously...

Question 25

To convict a defendant of solicitation, the person solicited:&#10;A)must act toward completion of the crime.&#10;B)must accept the solicitation.&#10;C)need not accept the solicitation.&#10;D)must complete the crime.

Accepted Answer

The answer of To convict a defendant of solicitation, the...

Question 26

The Pinkerton doctrine:&#10;A)permits a conspiracy conviction even if only one actor can be proved guilty.&#10;B)requires an act in furtherance of the conspiracy.&#10;C)requires at least one person more than it takes to commit the consummated crime.&#10;D)determines when each conspirator may be held responsible for the acts of other conspirators.

Accepted Answer

The answer of The Pinkerton doctrine:&#10;A)permits a conspiracy conviction even...

Question 27

Mere preparation is most often raised as a defense to:&#10;A)attempted crimes.&#10;B)misdemeanors.&#10;C)felonies.&#10;D)strict liability crimes.

Accepted Answer

The answer of Mere preparation is most often raised as...

Question 28

Conspiracy focuses on:&#10;A)the inchoate nature of crime.&#10;B)the intent to commit a dangerous act.&#10;C)the involvement of more persons than are necessary to commit the crime.&#10;D)premeditation.

Accepted Answer

The answer of Conspiracy focuses on:&#10;A)the inchoate nature of crime.&#10;B)the...

Question 29

The doctrine that there is no conspiracy when there is an agreement between only the parties necessary for the commission of a substantive offense is known as:&#10;A)Wharton's rule.&#10;B)the complicity doctrine.&#10;C)the principle of concurrence.&#10;D)the Pinkerton doctrine.

Accepted Answer

The answer of The doctrine that there is no conspiracy...

Deck 3: Parties to a Crime and Inchoate Offenses