Deck 3: Anticipatory Offenses and Parties to Crimes

Question 1

The asking, inciting, ordering, urgently requesting, or enticing of another person to commit a crime is known as:

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

Answer 1

C

Question 2

_________________________ is by statute available as a defense in some states while others require that for this to be acceptable, the solicitor of the crime must persuade the solicitee not to commit the crime or must in some other way prevent the crime from occurring.

A) Abandonment
B) Legal impossibility
C) Renunciation
D) Necessity

Answer 2

C

Question 3

In the crime of ________________________________ it is required that the actor go beyond mere preparation to commit a crime; this is not true of solicitation.

A) conspiracy
B) facilitation
C) attempt
D) inchoate

Answer 3

C

Question 4

Under the Model Penal Code the intent element for attempt is:

A) purposely
B) recklessly
C) knowingly
D) negligently

Question 5

The crime of attempt has two elements:

A) criminal intent and criminal act
B) criminal intent and result
C) criminal intent and motive
D) criminal act and criminal result

Question 6

The two defenses available to attempt are:

A) renunciation and abandonment
B) abandonment and impossibility
C) renunciation and impossibility
D) legal impossibility and factual impossibility

Question 7

__________________________ means there are circumstances, unknown to the actor, that prevented the commission of an attempt.

A) Legal impossibility
B) Factual impossibility
C) Renunciation
D) Abandonment

Question 8

________________________ means that no crime would have been committed even if the defendant's intentions had been fully performed or set in motion.

A) Legal impossibility
B) Factual impossibility
C) Renunciation
D) Abandonment

Question 9

Which of the following is not an example of "legal impossibility"?

A) A person accepting goods that he believes to have been stolen and that are in fact stolen is not guilty of an attempt to receive stolen goods.
B) An accused who offers a bribe to a person believed to be, but who is not, a juror is not guilty of an attempt to bribe a juror.
C) A hunter who shoots a stuffed deer believing it to be alive is not guilty of an attempt to shoot a deer out of season.
D) A 21-year-old male has consensual sexual relations with a 15-year-old female.

Question 10

Which of the following crimes is not an inchoate crime?

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

Question 11

An agreement entered into with another for the purpose of committing an unlawful act, or agreeing to use unlawful means to commit an act that would otherwise be lawful is the definition of:

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

Question 12

Unlike the other inchoate crimes, this one allows prosecution for the behavior of others as well as for one's own acts:

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

Question 13

In a prosecution for conspiracy the agreement may be sufficient to satisfy the _______________ element of the crime.

A) act
B) intent
C) causation
D) concurrence

Question 14

Under the Wharton rule how many people must be involved for there to be a proper conspiracy charge?

A) two
B) three
C) four or more
D) two or more

Question 15

Four limitations exist on the parties to the crime of conspiracy. Which of the following is incorrect?

A) Pinkerton rule
B) Wharton rule
C) husband and wife rule
D) corporation rule

Question 16

The Pinkerton rule comes from the case Pinkerton v. United States, which established:

A) that co-conspirators may not be held accountable for the acts of fellow conspirators even if the requirements of criminal culpability for the acts of others involved in the crime are met
B) that co-conspirators may be held accountable for the acts of fellow conspirators even though the requirements of criminal culpability for the acts of others involved in the crime are not met
C) that co-conspirators may not be held accountable for the acts of fellow conspirators unless there was a confession
D) that co-conspirators may not be held accountable for the acts of fellow conspirators unless there was a confession with collateral corroboration

Question 17

Under the common law, a ______________ was the person who committed the crime.

A) principal
B) accessory after the fact
C) principal in the first degree
D) principal in the second degree

Question 18

Someone who provides information or tools used in the commission of crime is called a(n):

A) accessory before the fact
B) accessory after the fact
C) principal in the second degree
D) principal

Question 19

Generally speaking, there are ____ elements to accomplice liability.

A) five
B) six
C) three
D) four

Question 20

RICO was enacted primarily for use in the prosecution of:

A) bank fraud
B) narcotics trafficking
C) prostitution
D) organized crime

Question 21

The government may require ________________ of personal and real property acquired or maintained by money secured through illegal patterns of racketeering.

A) seizure
B) search
C) money laundering
D) forfeiture

Question 22

Attempted murder requires a higher intent than would be required for a murder conviction had the victim:

A) Died
B) Lived
C) Been tortured
D) Committed suicide afterwards

Question 23

Which of the following is broadly as an agreement (or combination or confederation) to engage in an unlawful act or to engage in a lawful act by unlawful means?

A) Solicitation
B) Parties to crime
C) Conspiracy
D) Attempt

Question 24

Which term is defined to include acts that are corrupt, dishonest, fraudulent, immoral, and in that sense illegal?

A) Unlawful
B) Wrong
C) Immoral
D) Conspiracy

Question 25

Which limitation on parties to conspiracy states that companies may commit commit conspiracies with other companies or a natural person, although there are problems with the two-or-more rule?

A) Wharton rule
B) Pinkerton rule
C) Corporation rule
D) Two-or-more rule

Question 26

Explain the difference between solicitation and conspiracy, and give an example of each.

Question 27

Why does the law punish an "attempt" as a crime itself?

Question 28

Explain the punishment of inchoate crimes.

Question 29

How is communication or the lack thereof important in the crime of solicitation?

Question 30

Explain how the Model Penal Code addresses the issue of communication in the crime of solicitation.

Question 31

How does the Model Penal Code statute on attempt differ from the common law, and why?

Question 32

In the crime of attempt, most courts require something beyond preparation. Discuss the various tests that have been developed to determine perpetration.

Question 33

With reference to the abandonment defense, how does volition affect the success of the defense?

Question 34

Discuss the two situations in which impossibility might be available as a defense, and give examples of each.

Question 35

Why in the crime of conspiracy is it possible to convict when the act fails?

Question 36

Briefly describe the developmental history of the crime of conspiracy.

Question 37

Suppose A and B plan to bomb a building of which they are aware is full of people. They do not intend to kill the people inside. When they bomb the building, people die. Should they be charged with murder or conspiracy to commit murder, and why?

Question 38

What three crimes are discussed in this chapter to which the Wharton rule would apply? Explain.

Question 39

What problems arise when a corporation and one of its officers is charged with conspiracy, and why?

Question 40

Why is the modern view of accomplice liability significantly different from that of the common law?

Question 41

What is the distinction between parties after the fact and criminal facilitation under the Model Penal Code?

Question 42

What is the distinction between parties after the fact under the Model Penal Code?

Question 43

What is an accomplice?

Question 44

Identify and explain the intent and criminal act required for attempt. Provide an example of preparation versus perpetration.

Question 45

Discuss potential defenses to the criminal charge of attempt.

Question 46

Define accomplice liability. Compare and contrast the following: principal in the first degree, principal in the second degree, accessory before the fact, and accessory after the fact.

Question 47

What is the Wharton Rule?