Question 1

Preparatory crimes are also known as:

Accepted Answer

Preparatory crimes, also known as inchoate crimes, are acts that are done in preparation for a substantive crime but do not actually result in the commission of the crime.

Question 2

The justification for prohibiting inchoate crime is:

Accepted Answer

C

Question 3

The most common hidden anticipatory crimes include:

Accepted Answer

All of the options listed are considered anticipatory crimes because they involve preparation or possession of tools or items with the intent to commit a crime, even if the crime has not yet been carried out.

Question 4

The MPC in defining the crime of attempt focuses on which of the following?

Accepted Answer

Defendant's conduct.

Question 5

The intent to commit the crime of attempt includes which of the following types of intent?

Accepted Answer

The correct answer is A because the intent to commit the crime of attempt includes both the intent to commit the act or cause the result that constitutes the crime and the intent necessary to commit the substantive crime itself. This means that a person must have a specific intention to engage in conduct that would constitute the crime if completed, as well as the intent required for the crime they are attempting to commit.

Question 6

List the approaches to the act/conduct element of the crime of attempt.

Accepted Answer

The approaches to the act/conduct element of the crime of attempt include the preparation vs. perpetration test, the probable distance test, and the Model Penal Code (MPC) test.

Question 7

The crime of solicitation is composed of which of the following elements?

Accepted Answer

The crime of solicitation involves the intent that another person commit a crime (A) and the act of asking, encouraging, or soliciting another to commit that crime (C).

Question 8

What is the intent necessary for the crime of solicitation?

Accepted Answer

Solicitation requires specific intent, meaning the person must intentionally encourage, request, or command another individual to commit a crime with the specific purpose that the crime be committed.

Question 9

The crime of solicitation is complete when:

Accepted Answer

The crime of solicitation is complete when the defendant, with the necessary intent, asks, counsels, urges, or requests another to commit a crime, regardless of the response or action taken by the person solicited.

Question 10

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

Accepted Answer

The crime is complete even if the defendant fails to effectively communicate the solicitation to the other party.

Question 11

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

Accepted Answer

The answer of Which of the following is true regarding...

Question 12

The MPC allows withdrawal as a defense to the crime of solicitation under what circumstances?

Accepted Answer

Withdrawal as a defense to the crime of solicitation under the Model Penal Code requires that the withdrawal be complete and voluntary. This means the defendant must renounce his criminal intent and take affirmative steps to prevent the commission of the crime.

Question 13

The Victim was walking down the street when she was stopped and restrained by defendant 1. Defendant 2 took the victim's wallet from her pocket. Can the defendants be charged with conspiracy?

Accepted Answer

An agreement to commit a crime, which is essential for a conspiracy charge, can be implied from the actions of the defendants when they jointly carry out a criminal act, even if there is no direct evidence of an explicit agreement.

Question 14

There were five defendants charged with the crime of conspiracy. Four of them were acquitted in previous trials. Using the MPC rule, may the last remaining defendant be convicted of the crime of conspiracy?

Accepted Answer

Under the Model Penal Code (MPC), a person can be convicted of conspiracy even if the co-conspirators are acquitted, as the MPC allows for unilateral conspiracy, meaning the focus is on the defendant's agreement and intent, not the outcome of other defendants' trials.

Question 15

One who withdraws after encouraging or assisting in the commission of a crime may escape liability if he or she:

Accepted Answer

Withdrawal before the crime is complete can potentially absolve an individual from liability, as it demonstrates a change of intent and a disassociation from the criminal activity before it occurs.

Question 16

Jane was at the local college bar sitting with other members of her Criminal Law class. The other members decided they were going to commit the crime of burglary on the college administration building. Jane listened to all the comments, but did not join in the conversation. As a result of her conduct, she was aware that a burglary was about to take place. What, if any, crime has she committed?

Accepted Answer

Jane's mere presence and awareness of the conversation about committing a burglary, without any active participation, agreement, or encouragement, does not constitute a crime under the definitions of conspiracy, accessory, or solicitation.

Question 17

The defendants were armed and planning to rob a payroll carrier. They were searching for the contemplated victim when they were arrested. What, if any, crimes have they committed?

Accepted Answer

Attempted robbery is the correct answer because the defendants had the intent to commit a robbery and took a substantial step towards committing the crime by searching for their intended victim, even though they were arrested before they could complete the act.

Question 18

Ned had a running dispute with his next door neighbor, Sam. Ned decided to kill Sam by having a hired killer shoot him. Ned arranged to meet the killer in a movie theater and offered him $10,000 if he would shoot Sam. Unfortunately, because the movie was an action thriller, the killer did not hear Ned's offer. What crimes, if any, has Ned committed?

Accepted Answer

Ned has committed solicitation by asking someone to commit a crime (murder) on his behalf, even though the killer did not hear the offer. The crime of solicitation occurs at the moment the request is made, regardless of the response.

Question 19

John and Judy were classmates and lived together. Judy was in love with John. John came home late one evening and told Judy that he had just stolen $5,000 from work. John asked to use Judy's car to flee to Mexico. Judy agreed and John fled the jurisdiction of the state. Judy was arrested several days later. What crimes, if any, has Judy committed?

Accepted Answer

Judy has committed the crime of being an accessory after the fact by providing assistance to John (knowing he had committed a theft) to escape the jurisdiction.

Question 20

Which of the following is not a substantive crime?

Accepted Answer

The answer of Which of the following is not a...

Quiz 4: Inchoate or Participatory Crimes

Preparatory crimes are also known as:

The justification for prohibiting inchoate crime is:

The most common hidden anticipatory crimes include:

The MPC in defining the crime of attempt focuses on which of the following?

The intent to commit the crime of attempt includes which of the following types of intent?

List the approaches to the act/conduct element of the crime of attempt.

The crime of solicitation is composed of which of the following elements?

What is the intent necessary for the crime of solicitation?

The crime of solicitation is complete when:

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

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

The MPC allows withdrawal as a defense to the crime of solicitation under what circumstances?

The Victim was walking down the street when she was stopped and restrained by defendant 1. Defendant 2 took the victim's wallet from her pocket. Can the defendants be charged with conspiracy?

There were five defendants charged with the crime of conspiracy. Four of them were acquitted in previous trials. Using the MPC rule, may the last remaining defendant be convicted of the crime of conspiracy?

One who withdraws after encouraging or assisting in the commission of a crime may escape liability if he or she:

The defendants were armed and planning to rob a payroll carrier. They were searching for the contemplated victim when they were arrested. What, if any, crimes have they committed?

Which of the following is not a substantive crime?