Question 1

When may inchoate crimes be merged?

Accepted Answer

Inchoate crimes may be merged when they are directed in the commission of the same crime or when they arise from conduct directed to the commission of the same crime. This means that if two or more preparatory offenses (like conspiracy, solicitation, or attempt) are committed with the intention of committing the same crime, they can be merged into a single charge to avoid multiple punishments for the same criminal intent or action.

Question 2

The common law concept of "open deed" refers to what?

Accepted Answer

A substantial step towards completing the crime is what "open deed" typically refers to in common law, indicating a significant action taken in furtherance of committing a crime.

Question 3

An agreement to commit a crime with another person is:

Accepted Answer

Under the Model Penal Code (MPC), an agreement between two or more persons to commit a crime is sufficient to charge them with conspiracy. The MPC simplifies the requirements for conspiracy compared to some state laws, focusing on the agreement itself rather than requiring an overt act in furtherance of the conspiracy.

Question 4

Accessories to a crime are considered by most states to be:

Accepted Answer

Accessories to a crime are generally treated as separate from the principal crime and often receive a somewhat lesser punishment, reflecting their indirect role in the commission of the crime.

Question 5

Unlike attempt, solicitation and conspiracy require what?

Accepted Answer

Solicitation and conspiracy require communication or agreement with another person, which involves disclosing one's criminal intentions to someone else.

Question 6

The crime of attempt consists of a general intent to commit a substantive crime coupled with an act in furtherance of that intent which goes beyond mere preparation.

Accepted Answer

The answer of The crime of attempt consists of a...

Question 7

The MPC view of attempt requires that the defendant purposely do or omit to do anything which is a substantial step in the course of conduct planned to culminate in his commission of the crime.

Accepted Answer

The Model Penal Code (MPC) defines an attempt to commit a crime as occurring when a person, with the purpose of committing a specific crime, does or omits to do anything that is a substantial step in a course of conduct planned to culminate in the commission of the crime. This definition emphasizes the intention (purpose) to commit a crime and taking a substantial step towards its commission.

Question 8

A defendant may be found guilty of the crime of attempt even it was factually impossible for him or her to commit the crime.

Accepted Answer

Legal systems often recognize "attempt" as a crime, where the focus is on the intent to commit a crime, even if it was impossible to complete the crime due to external circumstances.

Question 9

The crime of solicitation consists of asking, encouraging, or soliciting another to commit a crime with the intent that the substantive offense will be committed by the other person.

Accepted Answer

Solicitation is indeed defined as the act of asking, encouraging, or soliciting another person to commit a crime, with the specific intent that the crime be committed by that other person.

Question 10

Basically, the crime of solicitation punishes spoken words coupled with criminal intent.

Accepted Answer

Solicitation is a crime that involves asking, encouraging, or requesting another person to engage in criminal conduct, with the intent that the crime be committed. It focuses on the act of seeking to persuade someone else to commit a crime, thus criminalizing the spoken words or communication that express this intent.

Question 11

The crime of conspiracy is an agreement between two or more parties for the purpose of achieving an unlawful objective or a lawful objective by unlawful means where one of the parties to the conspiracy commits an overt act.

Accepted Answer

Conspiracy is indeed defined as an agreement between two or more parties to commit an unlawful act or to achieve a lawful end through unlawful means, where at least one party commits an overt act in furtherance of the conspiracy.

Question 12

Presence at a meeting where others agree to commit the crime of conspiracy makes that person a member of the conspiracy.

Accepted Answer

Merely being present at a meeting where a conspiracy is discussed does not automatically make someone a member of the conspiracy. There must be an agreement to participate in the conspiracy and some act in furtherance of the conspiracy.

Question 13

The conspiracy lasts until all of the objectives of the conspiracy are completed.

Accepted Answer

A conspiracy typically continues until the conspirators achieve their goals or are otherwise stopped.

Question 14

A private citizen, John Q. Public, saw an armed robbery of a local convenience store. Mr. Public had a car phone in his car, but he failed to report the crime to the police with the result that the robbers escaping with $20,000. Mr. Public is liable as an accessory.

Accepted Answer

A private citizen generally does not have a legal obligation to report a crime, and failing to do so does not make them an accessory to the crime. An accessory is someone who assists or encourages the commission of a crime, which does not apply in this scenario.

Question 15

Failed or incomplete crimes are not considered dangerous.

Accepted Answer

Failed or incomplete crimes, such as attempted murder or attempted robbery, are still considered dangerous because they demonstrate the perpetrator's intent to commit a serious crime, posing a threat to public safety and order.

Question 16

Attempt is a specific intent crime.

Accepted Answer

Attempt requires the specific intent to commit a crime, even if the ultimate crime is not completed.

Question 17

Under the Model Penal Code, the "substantial step" is an essential element of all attempt crimes.

Accepted Answer

Under the Model Penal Code, an individual must take a "substantial step" towards committing a crime to be charged with an attempt, indicating that they are seriously trying to commit the crime.

Question 18

In defending the crime of attempted theft when the defendant steals something that is being given away (i.e., it is free), your best attempt defense is going to be factual impossibility.

Accepted Answer

Factual impossibility is not a defense to the crime of attempt because the crime lies in the intent and the steps taken towards committing the crime, not in the actual completion of the crime. In this scenario, the intent to commit theft can still exist even if the item was free.

Question 19

The crime of solicitation is based upon the solicitating party's intent, and not the receiving party's understanding.

Accepted Answer

Solicitation as a crime focuses on the intent of the person making the solicitation to engage in illegal activity, rather than on whether the person being solicited understands or agrees to participate in the intended illegal act.

Question 20

The Model Penal Code allows the defense of withdrawal for solicitation where the solicitating party withdraws the solicitation once they learn law enforcement is aware of the planned criminal activity.

Accepted Answer

The Model Penal Code allows for the defense of withdrawal for solicitation if the actor persuades the solicitee not to commit the offense or otherwise prevents the commission of the crime, not specifically upon learning law enforcement is aware of the planned criminal activity.

Quiz 4: Inchoate or Participatory Crimes