Deck 8: Inchoate Crimes

Question 1

Racketeering currently means the extortion of money or advantage by threat of force.​

Answer 1

False

Question 2

Conspiracy actus reus consists of three parts: commitment,agreement,and completion.​

Answer 2

False

Question 3

Punishing solicitation is based on the same idea as punishing conspiracy.​

Answer 3

True

Question 4

Each inchoate offense has some of its own elements.​

Question 5

The mens rea of criminal attempt is always purpose.​

Question 6

Factual impossibility is not a valid defense to the crime of attempt.​

Question 7

Solicitation is the crime of trying to commit a crime.​

Question 8

Some jurisdictions still follow the common law of attempt.​

Question 9

Legal impossibility is a defense to the crime of attempt.​

Question 10

​One purpose of requiring some overt acts in a conspiracy statute is to verify the firmness of the agreement.

Question 11

RICO grew out of fear that organized crime was infiltrating legitimate businesses.​

Question 12

Inchoate offenses do not require enough action to complete the crime intended.​

Question 13

Conspiracy is a specific intent crime.​

Question 14

Conspiracy mens rea isn't clearly defined in modern legislation.​

Question 15

The actus reus of solicitation requires words that actually try to get someone to commit a crime.​

Question 16

RICO stands for Racketeer Infiltrated and Corrupt Organizations.​

Question 17

​A criminal objective is the criminal goal of an agreement to commit a crime.

Question 18

The Model Penal Code approach to the actus reus of attempt involves substantial steps that strongly corroborate the actor's criminal purpose.​

Question 19

A person can be guilty of conspiracy even though he does not know all of the others in the conspiracy.​

Question 20

To be a valid defense,the abandonment of an attempt must be involuntary.​

Question 21

A pattern of illegal activity carried out in the furtherance of an enterprise owned or controlled by those engaged in the activity is called​

A) ​chaining.
B) ​racketeering.
C) ​conspiring.
D) ​soliciting.

Question 22

The rationale for attempt crimes focuses on what two types of danger?​

A) ​dangerous conduct and dangerous people
B) ​group activity and inciting others
C) ​imitation and stimulation of crime
D) ​group activity and stimulation of crime

Question 23

Which rationale concentrates on how fully defendants have developed their criminal purpose?​

A) ​the dangerous act rationale
B) ​the dangerous person rationale
C) ​the dangerous precedent rationale
D) ​the dangerous peer rationale

Question 24

Which test examines whether an ordinary person who saw the defendant's acts without knowing her intent would believe she was determined to commit the intended crime?​

A) ​the indispensable element test
B) ​the dangerous proximity to success test
C) ​the unequivocality test
D) ​the probable desistance test

Question 25

A general attempt statute is a single statute that applies to the attempt to commit all crimes in the state's criminal code.​

Question 26

The Model Penal Code's substantial steps test (also called the "MPC test")was designed to accomplish three important goals.Which of the following is not one of those goals?​

A) ​replace (or at least drastically reform)the proximity and unequivocality tests with a clearer and easier to understand and apply test
B) ​draw more sharply (and push back further toward preparation)the line between preparation and beginning to attempt the crime
C) ​base the law of attempt firmly on the theory of neutralizing dangerous persons,not just on preventing dangerous conduct
D) ​end all use of proximity and unequivocality tests with a clearer and easier to understand and apply test

Question 27

RICO applies harsh penalties to those engaged in criminal enterprise or illicit activity that is run like a business.​

Question 28

Which test asks whether defendants have come "dangerously close" to completing the crime?​

A) ​the indispensable element test
B) ​the dangerous proximity to success test
C) ​the unequivocality test
D) ​the probable desistance test

Question 29

What test of criminal actus reus is concerned with whether defendants have control of everything they need to commit the crime?​

A) ​the indispensable element test
B) ​the dangerous proximity test
C) ​the unequivocality test
D) ​the all but the last act test

Question 30

Which test focuses on whether defendants have gone far enough toward completing the crime that it's unlikely they'll turn back?​

A) ​the indispensable element test
B) ​dangerous proximity to success test
C) ​the unequivocality test
D) ​the probable desistance test

Question 31

Physical proximity tests of the actus reus of attempt focus on​

A) ​how close the defendant gets to committing the crime.
B) ​whether the defendant's acts are res ipsa loquitur.
C) ​whether the defendant is likely to voluntarily abandon the crime.
D) ​how much of the defendant's dangerousness is shown by action.

Question 32

According to the voluntary abandonment defense,defendants who voluntarily and completely renounce their criminal purpose can avoid criminal liability.​

Question 33

There are three types of large-scale conspiracies.​

Question 34

Preparing to carry out your intention to commit a crime doesn't qualify as attempt actus reus.​

Question 35

A circumstance beyond the attempter's control that prevents the completion of a crime is known as a(n)​

A) ​strict liability.
B) ​extraneous factor.
C) ​complicity.
D) ​vicarious liability.

Question 36

The dangerous person rationale looks at how close defendants came to completing their crimes.​

Question 37

Which test asks whether defendants have reached a point where they've gotten control of everything they need to complete the crime?​

A) ​the indispensable element test
B) ​the dangerous proximity to success test
C) ​the unequivocality test
D) ​the probable desistance test

Question 38

The core of conspiracy is an agreement to commit a crime.​

Question 39

Legal and factual impossibility are both defenses to criminal liability.​

Question 40

The mens rea of solicitation requires words that actually try to get someone to commit a crime.​

Question 41

Which of the following is a defense to criminal attempt?​

A) ​factual impossibility
B) ​legal impossibility
C) ​both legal and factual impossibility
D) ​neither legal or factual impossibility

Question 42

How many states accept the affirmative defense of voluntary abandonment to attempt liability?​

A) ​a little more than half
B) ​a little less than half
C) ​none of the states
D) ​all of the states

Question 43

What has occurred when actors intend to commit crimes,and do everything they can to carry out their criminal intent,but the criminal law doesn't ban what they did?​

A) ​a legal impossibility
B) ​a de facto impossibility
C) ​a juristic impossibility
D) ​a factual impossibility

Question 44

What is the name of the rule that not all conspirators have to agree with or even know the other conspirators?​

A) ​the unilateral approach to conspiracy parties
B) ​the criminal objective of the conspiracy
C) ​the pattern of conspiracy activity
D) ​the voluntary objective of the conspiracy

Question 45

What special danger is criminal conspiracy related to?​

A) ​group criminality
B) ​organized crime
C) ​drug rings
D) ​theft

Question 46

Which of the following is a "dangerous person test"?​

A) ​the probable desistance test
B) ​the physical proximity test
C) ​the all but the last act test
D) ​none of these is "dangerous person tests"

Question 47

What would happen if actors intend to commit a crime and try to but some fact or circumstance-an extraneous factor-interrupts them to prevent the completion of the crime?​

A) ​factual impossibility
B) ​legal impossibility
C) ​factual liability
D) ​legal liability

Question 48

​The vague definitions of the elements in conspiracy offer considerable opportunity for

A) ​prosecutorial discretion.
B) ​judicial discretion.
C) ​prosecutorial and judicial discretion.
D) ​none of these answers is correct.

Question 49

Which of the following is not a defense to a charge of attempt?​

A) ​police officers show up
B) ​victims resist and escape
C) ​bystanders interfere and stop the crime
D) none of these​

Question 50

A statute that addresses the crime of attempted rape would fall into which of the following categories?​

A) ​a specific attempt statute
B) ​a general attempt statute
C) ​dealing RICO statute
D) ​a solicitation statute

Question 51

The core of conspiracy is​

A) ​several people preparing to commit a crime.
B) ​several people agreeing to commit a crime.
C) ​
Several people committing a crime as opposed to one person
Committing a crime.
D) ​the fact that conspiracies are secret agreements to commit a crime.

Question 52

​An important public policy justification for the crime of conspiracy is

A) ​the special need to deal with drug offenses.
B) ​the special danger of group criminality.
C) ​the secrecy of conspiracies makes them more difficult for the police to investigate.
D) ​conspiracies go far beyond preparing for the commission of the crime.

Question 53

To be a defense to attempt,the abandonment of the attempt must be​

A) ​foreseeable.
B) ​voluntary.
C) ​caused by an extraneous factor.
D) ​caused by victim intervention.

Question 54

Which of the following would be a valid impossibility defense?​

A) ​Which of the following would be a valid impossibility defense?
B) ​The victim does not show up at the ambush point.
C) ​What the defendant plans to do to the victim is not a criminal act.
D) ​The poison is not strong enough to kill the victim.

Question 55

Most modern statutes use the unilateral approach to conspiracy crimes.This means that​

A) ​all of the parties to the conspiracy must have intended to commit the crime.
B) ​all of the parties to the conspiracy knew of each others' role in the commission of the crime.
C) ​failure to convict one party of a conspiracy prevents the conviction of the co-conspirators.
D) ​all of the conspirators do not have to intend to go through with the agreement to commit the crime.

Question 56

A conspiracy where one or more defendants participate in every transaction is known as​

A) ​a chain conspiracy.
B) ​a wheel conspiracy.
C) ​a large-scale conspiracy.
D) ​a small-scale conspiracy.

Question 57

What type of crime is solicitation?​

A) ​a general intent crime
B) a specific intent crime​
C) an inchoate crime​
D) ​a specific intent,inchoate crime

Question 58

Criminal attempt liability is based on what rationale(s)?​

A) ​preventing dangerous conduct and neutralizing dangerous people
B) ​preventing dangerous conduct
C) ​neutralizing dangerous people
D) ​none of these answers is correct

Question 59

A conspiracy where participants at one end may know nothing of those at the other end,but every participant handles the same commodity at different points,such as manufacture,distribution,and sale is known as​

A) ​a chain conspiracy.
B) ​a wheel conspiracy.
C) ​a large-scale conspiracy.
D) ​a small-scale conspiracy.

Question 60

The mens rea of criminal attempt is always​

A) ​knowledge.
B) ​aid.
C) ​abetting.
D) ​purpose.

Question 61

In most jurisdictions Stephanie would​

A) ​have the defense of legal impossibility.
B) ​have the defense of factual impossibility.
C) ​have no defense; legal impossibility is not a defense to criminal attempt.
D) ​have no defense; factual impossibility is not a defense to criminal attempt.

Question 62

If he is convicted,which of the following is a likely punishment?​

A) ​fines
B) ​incarceration
C) ​forfeiture
D) ​all of these are likely punishments​

Question 63

The vast majority of current criminal codes have adopted what test's language regarding attempt actus reus?​

A) ​the MPC "substantial steps" test
B) ​the "unequivocality" test
C) ​the "dangerous proximity" test
D) ​the "indispensable element" test

Question 64

RICO is often used to prosecute which of the following?​

A) ​white-collar crime
B) ​organized crime
C) ​government corruption
D) ​all of these answers are correct

Question 65

This scenario is an example of a​

A) ​factual impossibility.
B) ​legal impossibility.
C) ​both legal and factual impossibility.
D) ​none of these answers is correct.

Question 66

What crime has Joseph committed?​

A) ​attempted murder
B) ​conspiracy to commit murder
C) ​soliciting murder
D) ​Joseph has not committed any crime

Question 67

Which test of attempt actus reus examines whether an ordinary person who saw the defendant's acts without knowing his intent would believe he was determined to commit the intended crime?​

A) ​the all but the last act test.
B) ​the dangerous proximity to success test.
C) ​the indispensable element test.
D) ​the unequivocality test.

Question 68

What test of attempt actus reus excludes conduct that falls short of the last proximate act that should be included?​

A) ​the all but the last act test
B) ​the dangerous proximity test
C) ​the probable desistance test
D) ​the substantial steps test

Question 69

Regarding the actus reus of Joseph's crime,what does the $5,000 represent?​

A) ​inducement to commit murder.
B) ​incitement to commit murder.
C) ​request to commit murder.
D) ​promise to commit murder.

Question 70

Which of the following is/are inchoate offenses?​

A) ​criminal attempt
B) ​criminal conspiracy
C) ​criminal solicitation
D) ​all of these crimes are inchoate offenses

Question 71

Regarding attempt actus reus,which test asks whether defendants have come "dangerously close" to completing the crime?​

A) ​the all but the last act test
B) ​the dangerous proximity to success test
C) ​the indispensable element test.
D) ​the unequivocality test

Question 72

Sanchez is in violation of what act?​

A) ​the RICO Act
B) ​the TAX Act
C) ​the STAMP Act
D) ​the Racketeering and Munitions Act

Question 73

What requirement in conspiracy law was adopted to address critics concerns with potential for abuse?​

A) ​the overt act requirement
B) ​the indispensable element requirement
C) ​the unilateral approach to conspiracy requirement
D) ​the substantial steps requirement

Question 74

What Act is a specialized conspiracy law frequently utilized against organized and white-collar crime?​

A) ​RACO
B) ​RICO
C) ​RECO
D) ​ROCO

Question 75

The crime of trying to get someone else to commit a crime is known as​

A) ​attempt.
B) ​felony.
C) ​conspiracy.
D) ​solicitation.

Question 76

What act applies harsh penalties to illicit activity that is run like a business?​

A) ​the PATRIOT Act
B) ​the PREA Act
C) ​the STAMP Act
D) ​the RICO Act

Question 77

What is the name of the Model Penal Code test of attempt actus reus?​

A) ​the dangerous proximity to success test
B) ​the indispensable element test
C) ​the unequivocality test
D) ​the substantial steps test

Question 78

The case of George Lee Mims,Sr.v.U.S.involved what inchoate crime?​

A) ​attempt
B) ​conspiracy
C) ​solicitation​
D) it involved the RICO Act​

Question 79

All inchoate offenses share how many elements?​

A) ​one
B) two​
C) ​three
D) ​four

Question 80

Which test of attempt actus reus asks whether defendants have reached a point where they've gotten control of everything they need to complete the crime?​

A) ​the all but the last act test.
B) ​the dangerous proximity to success test.
C) ​the indispensable element test.
D) ​the unequivocality test.