Deck 4: Preparatory Activity Offenses

Question 1

An act done with intent to commit a crime beyond mere preparation, but falling short of its actual commission, is called ______.

A) conspiracy
B) attempt
C) criminal act
D) intentional act

Answer 1

B

Question 2

Hiding what you believe to be cocaine in a baking soda box as you cross the border and, after being arrested, the substance turns out to be baking soda, this would be an example of.

A) legal impossibility
B) factual impossibility
C) hybrid legal impossibility
D) true impossibility

Answer 2

C

Question 3

Agreement by one party with another, to commit a criminal act or a lawful act in a criminal manner, and an overt act by at least one of the parties.

A) riot
B) entrapment
C) conspiracy
D) rout

Answer 3

C

Question 4

This rule states that in crimes that require at least two people, a conspiracy charge cannot be based solely on the agreement of only the two people necessarily involved in the crime.

A) Triton rule
B) Pinkerton rule
C) Miller rule
D) Wharton rule

Question 5

This rule states that any co-conspirator is culpable for all natural and foreseeable acts committed by co-conspirators within the scope of the conspiracy.

A) Pinkerton rule
B) Triton rule
C) Miller rule
D) Wharton rule

Question 6

An offer or invitation to another to commit a crime is called ______.

A) a conspiracy
B) a solicitation
C) a riot
D) a gang

Question 7

When a defendant attempts to commit an act that is illegal and does everything to commit the crime but fails in her effort to complete the actual crime because of something that is not an element of the crime. This is called ______.

A) a legal impossibility
B) a fictional impossibility
C) a factual impossibility
D) a civil impossibility

Question 8

This defense may be established only where a defendant's actions, if fully performed, would not constitute a crime.

A) legal impossibility
B) factual impossibility
C) fictional impossibility
D) civil impossibility

Question 9

When proof is offered that the offender intended to do the act; and intended the outcome, this is called ______.

A) an apparent ability
B) an overt act
C) specific intent
D) criminal culpability

Question 10

The most common test to determine whether the act element of attempt has been met is ______.

A) a substantial step
B) act beyond mere preparation
C) "any act"
D) at least two steps

Question 11

Courts have used different tests to decide whether an act has been committed that is sufficiently beyond preparation to constitute the overt act requirement. Which test below is not one of these tests?

A) substantial step
B) "any act"
C) act beyond mere preparation
D) at least two steps

Question 12

This defense holds that if a person voluntarily abandoned his or her proposed plan of crime before actual commission of the crime, and he or she does so voluntarily, he or she cannot be held guilty of an attempt.

A) avoidance
B) abandonment
C) escape
D) attempt

Question 13

Which of the following is not one of the most common preparatory activity crimes?

A) attempt
B) solicitation
C) renunciation
D) conspiracy

Question 14

Attempting to commit a crime by gambling in a state where gambling is actually legal is example of ______.

A) factual impossibility
B) legal impossibility
C) factual improbability
D) legal possibility

Question 15

Asking a friend to kill your neighbor is an example of which preparatory offense?

A) bribery
B) solicitation
C) attempt
D) conspiracy

Question 16

Specific intent can be inferred from circumstantial evidence.

Question 17

Factual impossibility constitutes a defense.

Question 18

Abandonment is no defense if failure to complete the crime is due to extraneous intervening circumstances.

Question 19

Traditionally, withdrawal from the criminal conspiracy did not constitute a defense to the crime.

Question 20

If it is not a crime to do what the person is attempting to do, then the attempt is not indictable.