Deck 10: Inchoate Offenses

Question 1

Which of the following is one of the exceptions to the American jurisprudence requirement of "dual proofs," proving action that causes harm and the criminal offender's mental state?

A) Treason
B) Inchoate crimes
C) Internet crime
D) None of the above, the dual proofs requirement is a requirement for all criminal prosecutions

Answer 1

B

Question 2

Which of the following is one of the characteristics of an inchoate crime?

A) There is less proof of involvement of the criminal offender
B) Statutes of limitation do not apply
C) Less proof is required for a conviction
D) The crime tends to be mentally complete but substantially incomplete

Answer 2

D

Question 3

What is the legal term for a circumstance where a person commands, encourages, or requests another person to engage in a specific conduct which could constitute a crime?

A) Solicitation
B) Conspiracy
C) Criminal Attempt
D) Criminal Enticement

Answer 3

A

Question 4

What is the legal term for a circumstance where a person or persons clearly intend to commit a crime and after some preparation, close to the fruition of the crime, the crime is interrupted for some reason?

A) Solicitation
B) Conspiracy
C) Criminal Attempt
D) Criminal Enticement

Question 5

What is the legal term for a circumstance where there is an agreement between two or more parties to commit a criminal act?

A) Solicitation
B) Conspiracy
C) Criminal Scheme, Second Degree
D) Criminal Enticement

Question 6

What is the legal term for a circumstance where a person commits a criminal act by his or her membership in a collective enterprise that engages in criminality?

A) Racketeering, also known as RICO under federal law
B) Conspiracy
C) Criminal Scheme, First Degree
D) Criminal Enterprise

Question 7

Which of the following is the central factor for the crime of solicitation?

A) An overt act by the solicitor toward committing the crime
B) An initial attempt by the solicitor before finally seeking another to commit the crime
C) The solicitor of the crime asks, encourages, commands or otherwise entices another to do the actual act without any act toward committing the crime by the solicitor
D) There has to be multiple parties involved in the solicitation

Question 8

Which of the following is true concerning the crime of solicitation?

A) To sustain the crime of solicitation the crime must have been actually committed
B) The solicitor entices another to commit the crime but the crime never actually is carried out
C) The solicitor must actually entice someone who was actually intended to commit the crime, negating prosecution for solicitation when the person solicited was an undercover police officer
D) The person solicited must actually make some attempt or overt act toward committing the crime

Question 9

Which of the following is one of the requirements to establish the crime of criminal attempt?

A) Criminal attempt is strictly a mental crime, not steps need be taken toward committing the crime just conceptualizing the crime is sufficient
B) This crime requires multiple offenders, one of which must make an overt act toward committing the crime
C) A person intents to commit a crime, he makes a substantial step toward the commission of the act, coming close to actually committing the act
D) The offender commits the act intended but does not actually achieve the desired result

Question 10

Which of the following is required to establish criminal intent for the crime of criminal attempt?

A) The offender must say the words he intends to attempt and express hope of success
B) The intentionality is anchored in the underlying felony that the offender actually attempted to commit
C) The offender attempts through mental conceptualization without substantial action toward commission of the crime
D) There is no requirement for showing intent because it is a strict liability crime

Question 11

Which of the following would be sufficient to show intent to commit a crime?

A) Soliciting a co-offender and the criminal is an undercover police officer
B) Planning the crime and being in possession of those plans well prior to the intended commission of the crime
C) Being possession of burglar tools outside the building where unlawful entry was planned by the offender
D) Expression of consideration of the crime at a bar to an undercover police officer

Question 12

Which of the following is an element of the crime of criminal attempt?

A) Intent to commit the crime
B) Overt of substantial act toward committing the crime
C) Having the actual capacity to commit the crime
D) All of the above

Question 13

Which of the following negates the charge of criminal attempt?

A) Impossibility that the crime could be carried out, such trying to kill a person who in fact is already dead
B) An plan that where success is improbable
C) A plan to commit the offense where the offender fails to carry out the entire plan, such as leaving the bullets out of a gun during robbery
D) A crime stopped in progress by the police

Question 14

At a minimum, how many people are required to participate to establish a criminal conspiracy?

A) Five
B) Three
C) One
D) Two

Question 15

What is the intent requirement for the crime of conspiracy?

A) General intent to commit a crime
B) Specific intent to commit a crime
C) Dual intents: An intent to agree with others to commit a crime and the intent to commit the crime
D) Strict liability crime, showing of intent is not required

Question 16

People can be charged with conspiracy relating to which types of crimes

A) Felony crimes only
B) Misdemeanor crimes only
C) Federal crimes only
D) Any crime

Question 17

What are the elements of the crime of conspiracy?

A) A crime is committed; by two or more people who agreed to commit a crime
B) An agreement to commit a crime by two or more people; an overt act toward committing the act by one or more of the actors
C) A discussion by the co-conspirators about how to commit the crime
D) Expression of desires to commit a type of crime by co-conspirators; agreement to consider a plan that does not have to be acted upon in any substantial manner

Question 18

An agreement to commit a criminal act between co-conspirators requires which of the following?

A) Discussion and consensus to act is sufficient
B) Consideration short of consensus is sufficient
C) Expressions of desire to commit a crime among co-conspirator is sufficient
D) Discussion that results in an actual crime being committed

Question 19

Which of the following would satisfy the overt act requirement for the crime of conspiracy?

A) An action that remotely moves the plan for action along to committing the crime
B) A handshake binding the agreement to commit the crime
C) An action that must satisfy at least one element of the underlying crime to be committed
D) Proof that one of the conspirators committed an overt act in the furtherance of the conspiracy

Question 20

Racketeering (RICO) statutes, typically find which of the following as unlawful acts under the RICO statutes?

A) Mere membership in a collective enterprise that engages in criminality
B) Organized crime enterprises based on ethnic origin
C) Conspiracy to commit crime
D) The intent to conspire to commit crime

Question 21

Which of the following is not a characteristic of solicitation?

A) Solicitation is personal to the solicitor
B) Solicitation preys on the witty and "street smart" kind of person
C) Solicitation may cause an innocent person to unwittingly engage in crime
D) Solicitation focuses on felonious activity

Question 22

Which of the following is an element of conspiracy?

A) A plan to commit a criminal offense
B) With intent to agree and intent to commit a crime
C) An overt act
D) All of the above

Question 23

To seize without compensation as forfeited to the public treasury is:

A) Conspiracy
B) Confiscate
C) Solicit
D) Steal

Question 24

What is RICO?

A) A beneficial Association for members of organized crime
B) A tax law
C) Law that targets organized crime operations
D) Federal legislation dealing with overseas cartels

Question 25

Racketeering is the extortion of money or advantage by threat or ____________.

A) Force
B) Bribery
C) Command
D) All of the above

Question 26

Inchoate crimes are called "incomplete crime" because they may be mentally complete, but substantially incomplete in their execution.

Question 27

The central issue in the crime of solicitation is entreatment to have another commit a crime, not the actual commission of the crime.

Question 28

To commit the crime of solicitation the solicitor must actually participate with another in the commission of a crime.

Question 29

Solicitation has the same elements of the crime as criminal attempt.

Question 30

If a person solicits another to commit a crime and that person refuses the solicitor has still committed the crime of solicitation.

Question 31

When a solicitation evolves into a more active role, though still short of actual commission, then the criminal agent may also be convicted under attempt statutes.

Question 32

For the crime of criminal attempt the actor intends clearly to commit an underlying felony, expresses no reservation about the purpose, and may use other people to commit the crimes rather than himself.

Question 33

For the crime of criminal attempt, the offender may simply consider and plan the criminal act without a substantial act toward commission of that act.

Question 34

The Mens Rea of criminal attempts is not rooted in the attempt itself but in the underlying felony that is the aim of the attempter.

Question 35

Criminal attempts require more than an intent to commit a crime, there must be an overt or substantial step toward the commission of that crime.

Question 36

To be guilty of criminal attempt, the offender does not have to have the capacity to commit the underlying felony, only the intent to do so.

Question 37

Impossibility of committing a crime, relative to criminal attempt, is gauged from the mind of the offender under reasonable circumstances.

Question 38

Conspiracy is the illegal plan between five or more parties to implement a crime.

Question 39

The crime of conspiracy rests on dual intents: the intent to illegally confederate and the intent to do something unlawful.

Question 40

The crime of conspiracy requires in addition to the agreement to commit a crime, an overt act toward the furtherance of the crime.

Question 41

The establishment of an agreement between co-conspirators only need show discussion or debate to establish the conspiratorial intent.

Question 42

The mental agreement need not be reduced to contractual form, only a consensus or concurrence of ideas will eventually take shape in a criminal form.

Question 43

RICO laws penalize people for mere membership in a collective enterprise hat engages in criminality.

Question 44

Solicitation is basically enlisting others to do the dirty work of a crime.

Question 45

A person can conspire individually.

Question 46

An overt act must be connected to actual offense itself and not a distinct unrelated act.

Question 47

To be guilty of an attempt requires the capacity to commit the target felony.

Question 48

Solicitation has been described as a mental crime.

Question 49

An overt act is a conscious and open behavior that relates to the criminal plan and an act that furthers the collective agreement.

Question 50

RICO has been criticized for its tendency to be applied in settings unrelated to its original purpose.

Question 51

Membership in an organized crime operation is incriminating enough to support a conviction.

Question 52

An individual's desire to commit an offense must be matched by a personal capacity to carry out the deed.

Question 53

Once caught, criminals involved in conspiracy will sacrifice one another for their own self interest.

Question 54

Under what circumstances can a person are convicted of the crime of solicitation?

Question 55

What the common characteristics of inchoate crimes?

Question 56

What are the elements of the crime of criminal attempt?

Question 57

What is meant by an overt act relative to inchoate crimes?

Question 58

What is the doctrine of legal impossibility?

Question 59

What is the concept of "dual intents" relative to the charge of conspiracy?

Question 60

What are the elements of the crime of conspiracy?

Question 61

What is required to satisfy the requirement for an agreement between conspirators?

Question 62

Give examples of what would satisfy the overt act requirement for the crime of conspiracy.

Question 63

What constitutes a criminal enterprise for the purposes of RICO statutes?