Question 1

Jones paid Smith $5,000 to kidnap Brown.En route to Brown's home, Smith's efforts were foiled by the police.Jones may be prosecuted for ___________.

Accepted Answer

Jones can be prosecuted for solicitation, which is the act of attempting to persuade someone to commit a crime. Even though the kidnapping did not occur, Jones still committed an offense by trying to hire someone to commit a crime.

Question 2

Which of the following substantive crimes would most likely embrace an attempt?

Accepted Answer

The answer of Which of the following substantive crimes would...

Question 3

In Callanan v.United States (1961), Supreme Court Justice Felix Frankfurter observed that "the danger which a(n) ________ generates is not confined to the substantive offense which is the immediate aim of the enterprise."

Accepted Answer

Justice Frankfurter's statement highlights the fact that a conspiracy can have broader effects beyond the specific crime or offense that the individuals involved intended to commit. Conspiracy is the agreement between two or more individuals to commit an illegal act, and through their collective efforts and planning, they can create a network of criminal activity that poses a threat to society as a whole. Thus, the danger generated by conspiracy is not limited to the immediate substantive offense but also to the potential harms that could result from the coordinated efforts of the conspirators.

Question 4

During the 1800s, inchoate offenses were recognized as ____ by the English common law.

Accepted Answer

Inchoate offenses, such as attempted crimes, were recognized as misdemeanors, which are less serious than felonies or capital crimes, under English common law during the 1800s.

Question 5

To be guilty of conspiracy, one must __________________.

Accepted Answer

The answer of To be guilty of conspiracy, one must...

Question 6

State penal codes often specifically provide for attempts to commit the most serious crimes such as murder.The remaining offenses are then covered by _____________.

Accepted Answer

When a state penal code specifically provides for attempts to commit serious crimes like murder, the remaining offenses are usually covered by a general attempt statute. This statute outlines the elements of an attempt and the penalties for it. It is a catch-all provision that covers any crime that does not have a specific attempt provision in the penal code.

Question 7

Most American jurisdictions now define the inchoate crimes by _____________.

Accepted Answer

Most American jurisdictions now define the inchoate crimes by statute.

Question 8

Some jurisdictions have laws providing that it is a defense to the crime of ________ if the defendant voluntarily abandons its completion

Accepted Answer

The defense of voluntary abandonment typically applies to attempted crimes, where the defendant takes substantial steps towards committing the crime but then voluntarily decides to abandon the effort. It does not typically apply to completed crimes such as perjury or rape.

Question 9

In general, the "actus reus" of the crime of conspiracy is _____________.

Accepted Answer

The "actus reus" of conspiracy is the unlawful agreement between parties to commit a crime.

Question 10

The most frequently charged inchoate offense is __________.

Accepted Answer

Attempt is the most frequently charged inchoate offense. This is because attempts are often easier to prove than conspiracies or solicitation, which may require evidence of an agreement or communication. Additionally, attempted crimes may be punished more severely than completed crimes in some jurisdictions, providing an incentive for prosecutors to pursue charges of attempted offenses.

Question 11

A defendant cannot be found guilty of attempt if _______.

Accepted Answer

According to the legal principle of impossibility, an attempt charge cannot be sustained if it was legally impossible for the defendant to commit the offense, even if the defendant took significant steps towards the crime. Therefore, option A is the correct choice.

Question 12

While the crime of solicitation merely requires an enticement, the offense of __________ entails an agreement.

Accepted Answer

The offense that entails an agreement is conspiracy. Misprision of felony involves concealing knowledge of a crime, compounding a crime involves accepting something in exchange for not reporting a crime, and aiding and abetting involves assisting someone in the commission of a crime. None of these offenses require an agreement, unlike conspiracy.

Question 13

A person who paid another to commit kidnapping could still be found guilty of ________ if a police officer intervened and prevented the abduction.

Accepted Answer

Solicitation involves encouraging or paying someone to commit a crime, and the crime of solicitation is complete once the request or payment is made, regardless of whether the crime is actually carried out.

Question 14

Inchoate offenses are designed ______________________________ .

Accepted Answer

Inchoate offenses serve multiple purposes, including defining activity that is aimed at completing a crime, allowing law enforcement officers to intervene early in criminal conduct, and apprehending dangerous individuals before they can accomplish their criminal objectives. Therefore, all of the given options are correct.

Question 15

Federal courts have recognized the requisite elements of attempt as (1) an intent to engage in criminal conduct, and (2) the performance of an act that constitutes a (an) ______________.

Accepted Answer

The second element of attempt requires the performance of a substantial step toward the completion of the substantive offense, rather than the commission of the substantive offense itself or a separate crime like conspiracy. Therefore, option C is the correct answer.

Question 16

To obtain a conviction for conspiracy, the prosecution generally must prove that the defendant intended to further the unlawful object of the conspiracy, and such intent must exist in the minds of _______ of the parties to the conspiracy.

Accepted Answer

Only two or more people need to have the intent to further the unlawful object of the conspiracy for a conviction. If only one person had the intent, it would not be a conspiracy, but rather an individual crime. Conversely, if all parties had the intent, it would likely be a larger criminal enterprise rather than just a conspiracy. Therefore, the best choice is that at least two parties must have the intent for a conviction.

Question 17

Conspiracy is now defined by statute in __________ jurisdictions.

Accepted Answer

Conspiracy is a criminal offense and is usually defined by statute in both federal and state jurisdictions. While the specific elements of the offense may vary, the basic definition of conspiracy as an agreement between two or more people to commit a crime is consistent across jurisdictions.

Question 18

In some states, a defense to a charge of ___________ is if the defendant can prove that he or she prevented completion of the target crime under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.

Accepted Answer

The answer of In some states, a defense to a...

Question 19

Where a criminal offense is specifically defined as including a (an) _____, a defendant who is found guilty should be convicted of the substantive offense, and not of an attempt to commit that offense.

Accepted Answer

If the criminal offense includes attempt, then a defendant who is found guilty should be convicted of the attempt to commit that offense, not the substantive offense itself. However, if the criminal offense does not include attempt, then the defendant should be convicted of the substantive offense. Therefore, since option C specifically refers to attempts, it cannot be the correct answer. The correct answer must be either A or B, depending on the specific language used in the criminal offense.

Question 20

Commission of the crime of ___________ may be perpetrated through an intermediary.

Accepted Answer

Solicitation involves one person persuading another to commit a crime. Therefore, it is possible for the crime to be done through an intermediary (the person who was solicited).

Quiz 5: Inchoate Offenses