Question 1

A form of conspiracy that involves single person or a group that serves as a hub connecting various, independent individuals or groups.

Accepted Answer

The answer of A form of conspiracy that involves single...

Question 2

All of the following terms are associated with the Model Penal Code's substantial step test EXCEPT ______.

Accepted Answer

The Model Penal Code's substantial step test is used to determine if someone has taken a significant action towards committing a crime. Terms like lying, surveying, and soliciting are actions that could be considered substantial steps in the commission of a crime. However, "lawful" does not fit as it generally refers to actions that are legal, not steps towards committing a crime.

Question 3

Tony has a vendetta against Pat. He sets out to cut the brake lines in his car in hopes he winds up fatally crashing later that day. He finds Pat's car in his work lot and successfully cuts the brake lines. He anxiously counts down the minute until the time he knows Pat typically leaves work. Pat fatally crashes on his way home from work. If Tony is charged with a crime for what reason will it not be attempt?

Accepted Answer

Tony completed the crime by successfully cutting the brake lines, which directly led to Pat's fatal crash, indicating that his actions went beyond mere attempt.

Question 4

Anne was down on her luck and began a plan to rob a convenience store. She began watching the business during various shifts from her car across the street in order to learn the routines of the employees and develop the best plan possible. She went as far as to borrow a small surveillance camera from a friend and place it discreetly inside the store so it could be remotely monitored. On the day she planned to complete the offense she was again watching the business from the safety of her car. She started to regret her plan and decided she couldn't go through with it. She sat in her car and called a friend for some support. The employee inside had noticed the car and began feeling nervous. She subsequently notified the police. If the police question Anne about her plan which of the following may she offer in her defense?

Accepted Answer

Anne can argue abandonment as her defense because she voluntarily decided not to go through with the robbery plan before committing any crime. This shows a change of heart and a decision to abandon her criminal intent.

Question 5

Debi lives in a nice suburban neighborhood. It's a safe family friendly area. Her neighbors, although friendly, regularly have large family gatherings and parties in which they have upwards of 20-30 cars parked along the street. Sue, a friend of Debi's stopped by to show off her new hair color and in passing Debi noted that she couldn't stand how crowded the street was as a result of the neighbor. She mentions that she hopes someone comes and keys all of the cars. Sue leaves and nothing more is said. The next morning, all of the cars have been keyed and some even have slashed tires. Is Debi guilty of solicitation for her comments to sue?

Accepted Answer

Debi's comments, while expressing frustration, do not demonstrate a specific intent or request for Sue to commit a crime. Solicitation requires a clear intent to persuade another to commit a crime, which is not evident in Debi's casual remark.

Question 6

Demitri has noticed a friend of his talking to his girlfriend. He can be very jealous. One day he decides to teach this friend a lesson. Demitri takes his baseball hat and hits the boy on the head. The boy falls to the ground and Demitri continues to hit him. Upon the realization that the boy is falling in and out of consciousness he calls 911 because he had no intention to cause such severe injury. If he faces criminal charges for beating his friend will he be able to successfully use the defense of abandonment?

Accepted Answer

The defense of abandonment is not applicable in this scenario because Demitri had already completed the act of beating his friend, which constitutes the crime. Calling 911 after realizing the severity of the injuries does not negate the fact that the crime was completed; it merely indicates regret.

Question 7

______ holds defendants responsible for all acts of racketeering undertaken as part of a criminal enterprise.

Accepted Answer

The Racketeer Influenced and Corrupt Organizations Act (RICO) is designed to combat organized crime in the United States. It allows for the prosecution of all acts of racketeering committed as part of an ongoing criminal enterprise, holding defendants responsible for their involvement in such activities.

Question 8

Why do several states choose to NOT recognize the defense of abandonment?

Accepted Answer

The rationale is that once an individual has taken a substantial step towards committing a crime, the crime of attempt is considered complete. This perspective holds that the individual's later decision to abandon their criminal effort does not negate the intent and actions already demonstrated towards committing the crime.

Question 9

Jake fires a gun at a local rival. He misses. He fires several more times. Each time he misses and finally his gun jams. This is an example of ______.

Accepted Answer

A complete attempt involves taking every action intended to commit a crime but ultimately failing in the actual commission of the crime. Jake's repeated attempts to shoot, despite missing, show his intent and action towards committing the crime, making it a complete attempt.

Question 10

Which of the following is a reason solicitation remains a controversial crime?

Accepted Answer

Punishing an individual for solicitation can be seen as controversial because it may interfere with the individual's freedom of speech, raising concerns about the balance between preventing harm and protecting constitutional rights.

Question 11

Commuting each way and regularly falls asleep during this time. One day on his way home from work the train was particularly packed and someone sat in the seat next to him. Sammy fell asleep as usual and the woman sitting next to him took the opportunity to reach into his large front jacket pockets to look for items of value. She had hoped to find some cash or at least items to take to the pawnshop but found the pockets were empty. Should the woman be liable for the attempted offense?

Accepted Answer

Factual impossibility occurs when a person intends to commit a crime, and takes a step toward committing that crime, but ultimately fails to complete the crime due to some fact or circumstance beyond their control. In this case, the woman intended to steal from Sammy and took steps to do so by reaching into his pockets, but failed because the pockets were empty. This is a case of factual impossibility, which is not a defense against the charge of an attempted offense.

Question 12

Michele is desperate to sell her home and has entered into an agreement to sell to a known drug dealer who has made her an offer she can't refuse. He informs her of his profession, that he is purchasing the house for his boss whose identity he cannot disclose, but that he is a major drug lord in Columbia. She goes through with the sale anyway. The dealer turns out to be an undercover FBI agent. Michele is charged with conspiracy to launder money. She believes this charge will not stick because she did not enter into an agreement with another legitimate party. Is she correct?

Accepted Answer

No, unilateral conspiracies may exist with undercover agents providing the single individual agreed to enter into a conspiracy. This means that even though the other party was an undercover agent, Michele's agreement to engage in the transaction with the knowledge of its illicit nature can constitute a conspiracy to launder money.

Question 13

A conviction for conspiracy requires that two or more persons intentionally enter into an agreement with the intent to achieve the crime that is the objective of the conspiracy is referred to as a(n) ______.

Accepted Answer

The correct term is "plurality requirement," which refers to the necessity for at least two or more persons to agree to commit a crime, forming the basis of a conspiracy charge.

Question 14

A form of conspiracy that involves communications and cooperation by vertically connected individuals to achieve a criminal objective.

Accepted Answer

Chain conspiracy involves a series of individuals or entities where each is responsible for a different act within the overall plan, connected in a 'chain-like' manner to achieve the criminal objective. This form of conspiracy is characterized by vertical connections among participants.

Question 15

Which famous philosopher argued that an individual who possesses the purpose to slay another should be regarded as a murderer and tried as such?

Accepted Answer

Plato, in his philosophical discussions, particularly in the "Laws," argues that the intention to commit a crime, such as murder, should be considered in assessing guilt and punishment, reflecting on the moral and legal implications of harmful intentions.

Question 16

Isaac gives $100 to his friend Doug to buy narcotics. An undercover officer arrests him before Doug can hand over his imitation drugs. Doug, unbeknownst to all of his buyers, does not actually sell narcotics, but sells baking soda instead. This is an example of ______.

Accepted Answer

Factual impossibility occurs when a person intends to commit a crime, and an extraneous circumstance unknown to the person prevents the completion of the crime. In this case, Isaac intends to buy narcotics, but the fact that the substances are actually baking soda (an extraneous circumstance) prevents the crime from being completed as intended.

Question 17

The crime of solicitation is complete when ______.

Accepted Answer

The crime of solicitation is considered complete when the solicitor engages another individual to carry out a criminal act, regardless of whether the act is ultimately completed or not. The essence of the crime lies in the act of solicitation itself, not in the completion of the solicited criminal act.

Question 18

A form of conspiracy that typically arises on cases of narcotic or contraband distribution.

Accepted Answer

Chain conspiracy typically involves multiple participants in different roles, often seen in cases of narcotic or contraband distribution, where goods are passed through a chain of distribution.

Question 19

______ proves that an agreement by two persons to commit a crime requires that the voluntary and cooperative action of two persons cannot constitute a conspiracy.

Accepted Answer

Wharton's rule states that when a crime inherently requires the participation of two persons, they cannot be charged with conspiracy for simply agreeing to commit the offense. This is because the essence of conspiracy is the agreement to commit a crime, and if the crime by its nature involves cooperative action, the agreement does not elevate their cooperation to a conspiracy.

Question 20

Which case brought awareness to the crime of solicitation when a man solicited a servant to steal his master's goods?

Accepted Answer

Rex v. Higgins is a notable case that brought awareness to the crime of solicitation, specifically when a man solicited a servant to steal from his master. This case highlighted the legal implications of soliciting someone to commit a crime.

Quiz 7: Attempt, Conspiracy, and Solicitation