Question 1

The crime of solicitation is committed when: ​

Accepted Answer

Solicitation occurs when a person attempts to get another person to commit a crime, regardless of whether the crime is actually committed or not. The essence of the crime is in the act of solicitation itself.

Question 2

Conspiracy can be proved even if the co-conspirator cannot be found or identified.

Accepted Answer

Conspiracy can be proved through circumstantial evidence showing agreement and intent to commit a crime, even if a co-conspirator is not found or identified.

Question 3

The Model Penal Code would provide a defense to a conspiracy charge where a conspirator "thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose." ​

Accepted Answer

The Model Penal Code allows for an affirmative defense to a conspiracy charge if the defendant can prove that they thwarted the success of the conspiracy through actions that demonstrate a complete and voluntary renunciation of their criminal intent. This is outlined in Section 5.03 of the Model Penal Code.

Question 4

The death of a co-conspirator: ​

Accepted Answer

The death of a co-conspirator may affect a prosecution for conspiracy, particularly in terms of evidence and the ability to prosecute the deceased individual, but it does not automatically end or never affect the possibility of prosecution for the conspiracy as a whole.

Question 5

The purpose of solicitation, conspiracy, and attempt statutes is to: ​

Accepted Answer

Solicitation, conspiracy, and attempt statutes are designed to prevent serious harm before it occurs by criminalizing the steps leading up to the commission of a crime, rather than waiting for the crime to actually be completed.

Question 6

What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states? ​

Accepted Answer

A substantial number of states have limited or rejected the requirement that there must be two or more guilty persons for a conspiracy charge, allowing for unilateral conspiracies where only one party needs to have criminal intent.

Question 7

Few states require that some overt act be committed pursuant to the conspiracy agreement before it becomes a crime. ​

Accepted Answer

The answer of Few states require that some overt act...

Question 8

"What one did they all did" is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement. ​

Accepted Answer

In legal terms, the principle that "what one did they all did" reflects the rule of vicarious liability in conspiracy cases, where each conspirator is responsible for actions taken by any member of the conspiracy if those actions are in furtherance of the conspiracy's objectives.

Question 9

When a person becomes liable for the criminal acts of another, it is known as strict liability. ​

Accepted Answer

Strict liability refers to a legal doctrine where a party is held responsible for their actions without the need to prove negligence or fault. Becoming liable for the criminal acts of another is more accurately described by concepts such as vicarious liability or complicity, not strict liability.

Question 10

Courts currently categorize impossibility defenses in attempt cases into two classes: factual impossibility and legal impossibility. ​

Accepted Answer

The answer of Courts currently categorize impossibility defenses in attempt...

Question 11

Evidence of an overt act would provide some assurance that: ​

Accepted Answer

Evidence of an overt act in the context of a conspiracy indicates that at least one of the conspirators took a concrete step towards achieving the conspiracy's goal, demonstrating sincerity in their intentions.

Question 12

For criminal conspiracy, proof of an overt act by a defendant: ​

Accepted Answer

Most current state statutes require proof of an overt act by a defendant to establish criminal conspiracy, reflecting a departure from common law, where mere agreement might have sufficed.

Question 13

A person who aids and abets a criminal is sometimes referred to as an accomplice.

Accepted Answer

An accomplice is someone who assists in the commission of a crime, either by actively participating in it or by providing help or encouragement to the person committing it.

Question 14

Abandonment or withdrawal by a conspirator makes the crime: ​

Accepted Answer

Abandonment or withdrawal by a conspirator does not negate the completion of the crime of conspiracy itself, as the crime is complete once the agreement is made.

Question 15

A person cannot be convicted of a conspiracy to commit a crime if the agreed objective is not criminal. ​

Accepted Answer

For a conspiracy charge to be valid, the objective of the conspiracy must be to commit an act that is unlawful. If the agreed-upon objective is not criminal, then a conspiracy to commit that objective cannot legally be established.

Question 16

A complete and voluntary renunciation of criminal purpose is not a defense to a charge of attempt to commit a crime. ​

Accepted Answer

A complete and voluntary renunciation of criminal purpose can be a defense to a charge of attempt to commit a crime, as it demonstrates the defendant's decision to abandon their criminal intent before completing the crime.

Question 17

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime has: ​

Accepted Answer

In most legal systems, merely intending to commit a crime without taking any steps towards its commission does not constitute a violation of the law. The actual commission of a crime typically requires an actus reus (a guilty act) in addition to the mens rea (a guilty mind).

Question 18

In the early 1600s, ______ was used extensively by the English Court of the Star Chamber? ​

Accepted Answer

Conspiracy was used extensively by the English Court of the Star Chamber in the early 1600s as a charge to prosecute individuals. This was because conspiracy charges could be based on the mere agreement to commit a crime, making it easier to target and suppress political dissent and opposition without the need for the crime to have actually been committed.

Question 19

A request made to another person to commit a crime is the offense of: ​

Accepted Answer

Solicitation is the act of requesting or strongly urging someone to engage in illegal conduct. In the context of criminal law, it specifically refers to the act of asking another person to commit a crime.

Question 20

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law. ​

Accepted Answer

In many legal systems, merely having the intent to commit a crime without taking any steps towards its commission does not constitute a criminal act.

Quiz 4: Criminal Liability

The crime of solicitation is committed when: ​

Conspiracy can be proved even if the co-conspirator cannot be found or identified.

The Model Penal Code would provide a defense to a conspiracy charge where a conspirator "thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose." ​

The death of a co-conspirator: ​

The purpose of solicitation, conspiracy, and attempt statutes is to: ​

What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states? ​

Few states require that some overt act be committed pursuant to the conspiracy agreement before it becomes a crime. ​

"What one did they all did" is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement. ​

When a person becomes liable for the criminal acts of another, it is known as strict liability. ​

Courts currently categorize impossibility defenses in attempt cases into two classes: factual impossibility and legal impossibility. ​

Evidence of an overt act would provide some assurance that: ​

For criminal conspiracy, proof of an overt act by a defendant: ​

A person who aids and abets a criminal is sometimes referred to as an accomplice.

Abandonment or withdrawal by a conspirator makes the crime: ​

A person cannot be convicted of a conspiracy to commit a crime if the agreed objective is not criminal. ​

A complete and voluntary renunciation of criminal purpose is not a defense to a charge of attempt to commit a crime. ​

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime has: ​

In the early 1600s, ______ was used extensively by the English Court of the Star Chamber? ​

A request made to another person to commit a crime is the offense of: ​

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law. ​

The crime of solicitation is committed when:

The Model Penal Code would provide a defense to a conspiracy charge where a conspirator "thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose."

The death of a co-conspirator:

The purpose of solicitation, conspiracy, and attempt statutes is to:

What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states?

Few states require that some overt act be committed pursuant to the conspiracy agreement before it becomes a crime.

"What one did they all did" is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement.

When a person becomes liable for the criminal acts of another, it is known as strict liability.

Courts currently categorize impossibility defenses in attempt cases into two classes: factual impossibility and legal impossibility.

Evidence of an overt act would provide some assurance that:

For criminal conspiracy, proof of an overt act by a defendant:

Abandonment or withdrawal by a conspirator makes the crime:

A person cannot be convicted of a conspiracy to commit a crime if the agreed objective is not criminal.

A complete and voluntary renunciation of criminal purpose is not a defense to a charge of attempt to commit a crime.

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime has:

In the early 1600s, ______ was used extensively by the English Court of the Star Chamber?

A request made to another person to commit a crime is the offense of:

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law.