Question 1

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

Accepted Answer

An attempt is an act done with intent to commit a crime beyond mere preparation but falling short of its actual commission. Conspiracy involves an agreement between two or more people to commit a crime. Criminal act and intentional act are broader terms that do not specifically refer to an act done with intent to commit a crime.

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.

Accepted Answer

This is an example of hybrid legal impossibility, which occurs when the defendant's intended crime is impossible by law, such as when the substance they thought was illegal turns out to be legal. However, unlike true legal impossibility, the defendant still took a substantial step towards committing the crime and therefore can still be charged with attempt.

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.

Accepted Answer

The definition given describes the elements of conspiracy - an agreement between two or more parties to commit a criminal act or a lawful act in a criminal manner, and an overt act taken by at least one of the parties involved.

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.

Accepted Answer

This is known as the Wharton rule, which applies to crimes that involve two people, like adultery or dueling. It states that a conspiracy charge cannot be brought against the two necessary parties because there can be no conspiracy where there is no one else involved.

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.

Accepted Answer

The Pinkerton rule states that any co-conspirator is culpable for all natural and foreseeable acts committed by co-conspirators within the scope of the conspiracy. This means that if one conspirator commits a crime in furtherance of the conspiracy, all other conspirators can be held responsible for that crime. This rule is named after the United States Supreme Court case of Pinkerton v. United States.

Question 6

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

Accepted Answer

Solicitation is the act of enticing, advising, inciting, urging, or otherwise convincing someone to commit a crime. It is different from conspiracy in that conspiracy involves an agreement or plan between two or more people to commit a crime, while solicitation can be a one-sided act. Riot and gang are not relevant to the definition of solicitation.

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 ______.

Accepted Answer

This scenario describes a factual impossibility, where the defendant has the intention and takes steps to commit a crime but fails due to circumstances external to the crime itself, such as an unforeseen obstacle or intervention, not because the act was not illegal.

Question 8

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

Accepted Answer

Legal impossibility is a defense that can be used when a defendant takes an action that they believe to be illegal, but is not actually a crime. For example, if a person tries to sell drugs that are actually just candy, they are not guilty of a crime because the actions they took were not illegal. In this defense, there is no need to show any factual impossibility or the presence of any fiction. Choice A is the only answer that fits the given explanation.

Question 9

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

Accepted Answer

Specific intent is the legal concept that a person must have intended to do the act and intended the outcome in order to be found guilty of a specific crime. This is different from general intent, which only requires the intent to commit the act itself. A specific intent crime may require proof of additional factors, such as premeditation or knowledge of a specific fact.

Question 10

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

Accepted Answer

The most common test to determine whether the act element of attempt has been met is the substantial step test. This means that the person has taken a step closer to completing the crime and that step is more than mere preparation.

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?

Accepted Answer

The test of "at least two steps" is not one of the tests used by courts to decide whether an act has been committed that is sufficiently beyond preparation to constitute the overt act requirement. The other three tests (substantial step, "any act," act beyond mere preparation) are commonly used by courts.

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.

Accepted Answer

The defense mentioned in the question is abandonment, which states that if someone voluntarily gives up their plan to commit a crime before actually committing it, they cannot be charged with attempted crime.

Question 13

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

Accepted Answer

The most common preparatory activity crimes are attempt, solicitation, and conspiracy. Renunciation, also known as abandonment or withdrawal, is not a crime but is considered a defense. It occurs when an individual voluntarily and completely renounces their criminal intent and takes steps to prevent the commission of a crime.

Question 14

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

Accepted Answer

Legal impossibility occurs when the action undertaken by the person would not constitute a crime even if completed as intended, as in this case where gambling is legal in the state in question.

Question 15

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

Accepted Answer

Solicitation is the act of trying to persuade, encourage, or entice someone to commit a crime. In this case, someone is asking their friend to kill their neighbor, which is an example of solicitation. Bribery refers to offering something valuable to influence someone to act in a certain way, attempt is making an effort to commit a crime, and conspiracy is an agreement between two or more people to commit a crime together. None of these accurately describe the scenario presented.

Question 16

Specific intent can be inferred from circumstantial evidence.

Accepted Answer

Circumstantial evidence, such as a defendant's actions or statements prior to a crime, can provide strong indications of the defendant's specific intent, even if no direct evidence of intent exists.

Question 17

Factual impossibility constitutes a defense.

Accepted Answer

Factual impossibility is not a defense in criminal law because the intent to commit a crime is sufficient for liability, even if the actual commission of the crime was impossible under the circumstances.

Question 18

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

Accepted Answer

Abandonment, also known as renunciation, can be a defense to a crime if it is voluntary and complete. However, if the failure to complete the crime is due to extraneous intervening circumstances (such as the arrival of law enforcement), abandonment is not a defense.

Question 19

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

Accepted Answer

Withdrawal from a criminal conspiracy was not considered a defense to the crime under traditional conspiracy laws. However, modern conspiracy laws may recognize withdrawal as a defense under certain circumstances.

Question 20

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

Accepted Answer

This statement is true in the context of the law. To be indictable, an attempt must involve the intention to commit a criminal offense. If the action being attempted is not a crime, then there can be no indictable offense.

Quiz 4: Preparatory Activity Offenses