Question 1

Which of the following is one of the exceptions to the American jurisprudence requirement of "dual proofs," proving action that causes harm and the criminal offender's mental state?

Accepted Answer

Inchoate crimes, such as attempt, conspiracy, and solicitation, are exceptions to the dual proofs requirement because they criminalize actions taken towards committing a crime, even if the crime is not completed. These crimes focus on the intent and steps taken towards committing a crime, rather than the completion of the crime itself, thus not always requiring proof of a harmful result.

Question 2

Which of the following is one of the characteristics of an inchoate crime?

Accepted Answer

An inchoate crime is a crime that is partially complete or has not yet been carried out but has advanced beyond mere planning or preparation. One of the characteristics of an inchoate crime is that it is mentally complete but substantially incomplete, meaning that the criminal has the intention to commit the crime but has not yet taken concrete steps to actually carry it out. The level of proof required for a conviction of an inchoate crime is generally the same as for a completed crime. Statutes of limitation still apply to inchoate crimes.

Question 3

What is the legal term for a circumstance where a person commands, encourages, or requests another person to engage in a specific conduct which could constitute a crime?

Accepted Answer

Solicitation is the legal term for commanding, encouraging, or requesting another person to engage in conduct that could constitute a crime. It is separate from conspiracy, criminal attempt, and criminal enticement.

Question 4

What is the legal term for a circumstance where a person or persons clearly intend to commit a crime and after some preparation, close to the fruition of the crime, the crime is interrupted for some reason?

Accepted Answer

This circumstance is known as a criminal attempt, where the individuals have taken some steps towards the commission of a crime but have not completed it due to external factors. Solicitation refers to asking someone else to commit a crime, conspiracy includes an agreement between two or more people to commit a crime, and criminal enticement involves luring someone into committing a crime.

Question 5

What is the legal term for a circumstance where there is an agreement between two or more parties to commit a criminal act?

Accepted Answer

The legal term for an agreement between two or more parties to commit a criminal act is conspiracy. While solicitation involves one party asking another to commit a crime, conspiracy involves an agreement between two or more parties. Criminal scheme and criminal enticement are not commonly used legal terms.

Question 6

What is the legal term for a circumstance where a person commits a criminal act by his or her membership in a collective enterprise that engages in criminality?

Accepted Answer

Racketeering refers to the act of engaging in criminal activities as part of an organized group. The term is often associated with the Racketeer Influenced and Corrupt Organizations Act (RICO), a federal law aimed at combating organized crime.

Question 7

Which of the following is the central factor for the crime of solicitation?

Accepted Answer

The central factor for the crime of solicitation is that the solicitor asks, encourages, commands or otherwise entices another to do the actual act without any act toward committing the crime by the solicitor. There does not have to be an overt act or initial attempt by the solicitor, and multiple parties are not necessary.

Question 8

Which of the following is true concerning the crime of solicitation?

Accepted Answer

Solicitation is the act of encouraging or requesting another person to commit a crime. The crime of solicitation is complete upon the act of soliciting, regardless of whether or not the person being solicited actually carries out the crime.

Question 9

Which of the following is one of the requirements to establish the crime of criminal attempt?

Accepted Answer

Criminal attempt requires an individual to intend to commit a crime and take a substantial step towards the commission of the crime, but not actually complete or achieve the intended result. Option A is incorrect as some action towards the crime must be taken. Option B is incorrect as criminal attempt can be committed by a single offender. Option D is incorrect as completing the act is not a requirement for criminal attempt.

Question 10

Which of the following is required to establish criminal intent for the crime of criminal attempt?

Accepted Answer

Criminal intent for the crime of criminal attempt is anchored in the underlying felony that the offender actually attempted to commit. In other words, the offender must have intended to commit the specific crime they attempted, such as burglary or murder. The intentionality cannot be based on vague or generalized criminal intentions, and it must be proven beyond a reasonable doubt by the prosecution.

Question 11

Which of the following would be sufficient to show intent to commit a crime?

Accepted Answer

The answer of Which of the following would be sufficient...

Question 12

Which of the following is an element of the crime of criminal attempt?

Accepted Answer

All three elements - intent, overt or substantial act, and actual capacity - are necessary for the crime of criminal attempt. Intent shows that the individual had a purpose or plan to commit the crime. An overt or substantial act demonstrates that the individual took a significant step towards committing the crime, and actual capacity shows that the individual had the ability to complete the crime if not stopped.

Question 13

Which of the following negates the charge of criminal attempt?

Accepted Answer

Impossibility that the crime could be carried out negates the charge of criminal attempt because the defendant could not have possibly completed the crime, even if they had intended to do so.

Question 14

At a minimum, how many people are required to participate to establish a criminal conspiracy?

Accepted Answer

A conspiracy can be established with just two people agreeing to commit a crime together.

Question 15

What is the intent requirement for the crime of conspiracy?

Accepted Answer

Conspiracy requires dual intents: firstly, the intent to agree with others to commit a crime, and secondly, the intent to actually commit the crime itself. This distinguishes conspiracy from other crimes that may require only general or specific intent, or no intent at all in the case of strict liability crimes.

Question 16

People can be charged with conspiracy relating to which types of crimes

Accepted Answer

Conspiracy can be charged in relation to any crime, regardless of whether it is a felony or misdemeanor, and can be prosecuted at both the state and federal levels.

Question 17

What are the elements of the crime of conspiracy?

Accepted Answer

The elements of the crime of conspiracy are an agreement to commit a crime by two or more people and an overt act toward committing the act by one or more of the actors. The other options include either a completed crime (A) or discussions/expression of desires without an agreement or overt act (C and D).

Question 18

An agreement to commit a criminal act between co-conspirators requires which of the following?

Accepted Answer

An agreement to commit a criminal act between co-conspirators requires discussion and consensus to act. This is the foundational element of conspiracy, where the parties involved agree to commit a crime together.

Question 19

Which of the following would satisfy the overt act requirement for the crime of conspiracy?

Accepted Answer

The overt act requirement for conspiracy requires proof that at least one of the conspirators committed an act in furtherance of the conspiracy, even if that act falls short of actually committing the underlying crime. Therefore, choice D is the best answer as it directly addresses the overt act requirement. Choice A is incorrect because a remote action does not necessarily mean the plan is being actively furthered. Choice B may indicate an agreement was made, but it does not necessarily satisfy the overt act requirement. Choice C may be a characteristic of the underlying crime, but it does not address the overt act requirement for conspiracy.

Question 20

Racketeering (RICO) statutes, typically find which of the following as unlawful acts under the RICO statutes?

Accepted Answer

Mere membership in a collective enterprise that engages in criminality is an unlawful act under the RICO statutes.

Quiz 10: Inchoate Offenses