Question 1

If a defendant "attempted to murder" someone by swatting him or her over the head with a fly swatter,the defendant would likely be able to prove that he or she did not have the ________ to murder,because it is impossible to kill someone in this manner.

Accepted Answer

Mens rea refers to the mental state or intent of the defendant when committing a crime. In this scenario, the defendant's use of a fly swatter to attack the victim would not be considered a lethal weapon, and therefore the defendant could argue that they did not have the intent or mens rea to commit murder.

Question 2

The MPC's definition of attempt holds that a person is NOT guilty of an attempt to commit a crime if s/he,acts with the kind of culpability required for commission of the crime but [????]

Accepted Answer

The Model Penal Code (MPC) specifies that a person is not guilty of an attempt if they complete the crime and then take remedial actions such as expressing regret and returning stolen goods or repairing harm. This is because the attempt phase is considered to have ended once the crime is completed, and subsequent actions, even if they are to undo the harm, do not negate the completion of the crime itself.

Question 3

In 1784,the English court first recognized the crime of attempt in

Accepted Answer

Rex v. Scofield (1784) is recognized as the first case where the English court acknowledged the crime of attempt.

Question 4

The ________ test,established in the English case of Regina v.Eagleton,is no longer utilized because most lawmakers believe that a person does not have to take the very last step to be criminally culpable.

Accepted Answer

The last act test is no longer utilized because it required proving that the accused had taken the very last step towards the commission of a crime in order to establish criminal liability. Most lawmakers now believe that a person can be held criminally responsible even if they have not taken the very last step towards committing a crime.

Question 5

The ________ test is used to determine whether the conduct of a suspect constitutes an attempt.Under this test,an attempt occurs when a person's conduct alone clearly manifests his or her criminal intent.

Accepted Answer

The unequivocality test is used to determine whether the suspect's conduct constitutes an attempt. This test requires that the suspect's behavior must clearly show a criminal intent, leaving no doubt that they intended to commit the crime.

Question 6

Under the ________ test,a person is guilty of attempt when his or her conduct is very close to success,or when an act is so near to the result that the probability of success is very great.

Accepted Answer

The "dangerous proximity" test determines guilt based on how close the defendant's actions are to completing the crime, emphasizing the likelihood of success.

Question 7

A defendant may not succeed in completing a crime and will not be liable for the attempted crime if

Accepted Answer

A defendant cannot be charged with attempted crime if they choose not to start carrying out the initial actions needed to begin implementing the criminal act. In other words, if the defendant never took an overt act towards committing the crime, there can be no attempted crime.

Question 8

The crime of attempt requires the _________ that,if carried out,would have resulted in the commission of the substantive crime.

Accepted Answer

Attempt requires a specific intent to commit an act that, if carried out, would have resulted in the commission of the substantive crime. This means that the individual must have a deliberate intention to commit the crime and take a substantial step towards actually committing it. Both general intent (which is merely the intent to perform an act without the specific intent to achieve a particular outcome) and specific intent to aid and abet (which involves intending to help someone else commit a crime) are not sufficient for the crime of attempt. General hopes of initiating a criminal act are not a recognized legal concept.

Question 9

A person does NOT have to __________ in order to find that person guilty of committing a crime according to the MPC.

Accepted Answer

According to the MPC, a person can be found guilty of a crime even if they did not purposely engage in conduct that would constitute the crime if the attendant circumstances were as they believed them to be (choice B) or purposely do or omit to do anything that, under the circumstances as they believed them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in their commission of the crime (choice A). Also, a person can still be guilty even if they purposely accomplished the actus reus of the intended crime but lacked necessary mens rea and thus the element of concurrence (choice C). Finally, causing a particular result is an element of the crime, and a person have to do or omit to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on their part (choice D).

Question 10

__________ is an application of the principle of legality that exists when the law does not define the goal of the defendant as criminal.

Accepted Answer

Pure legal impossibility occurs when the defendant's actions, even if completed as intended, would not be considered a crime because the specific crime is not defined by law. It differs from factual impossibility because in the latter, the defendant's intended action is impossible to complete due to external circumstances. Hybrid legal impossibility, on the other hand, occurs when the law defines the defendant's goal as criminal, but the circumstances make it impossible to commit the crime as intended. Legal impossibility, in general, refers to situations where the defendant mistakenly believes their actions are illegal when they are, in fact, legal.

Question 11

The MPC uses the ________ test,which requires that the suspect must have done or omitted to do something that constitutes an important and sizable stage in the commission of the substantive offense.

Accepted Answer

The MPC uses the substantial step test, which requires that the suspect must have taken a substantial step or omission that constitutes an important and sizable stage in the commission of the substantive offense. The other options (B, C, and D) are not relevant to the MPC's test for attempted crimes.

Question 12

Under the MPC,the intent requirement can be met even though a defendant may not have desired or wanted a particular result,if it can be shown that the defendant acted with

Accepted Answer

The MPC provides that a defendant can have the intent required for a crime if they act with a "substantial certainty" that a certain result will occur, even if they did not desire or want that result. This level of certainty is higher than recklessness or negligence, which involve a lower level of culpability. Therefore, choice A is the best answer.

Question 13

Which of the following exists when the intended acts,even if completed,would not have amounted to a crime?

Accepted Answer

The answer of Which of the following exists when the...

Question 14

Under the ________ test,the perpetrator need not have advanced so far as the last act,and an attempt has not been committed unless the accused has the immediate power to actually carry through with the crime at the time of the intervention of the police.

Accepted Answer

The physical proximity test determines that an attempt has been made when the perpetrator is physically close enough to the target to directly attempt the crime, indicating they have moved beyond mere preparation and have the immediate capability to commit the crime, but have not necessarily performed the last act required for its completion.

Question 15

Only after the _______ of a criminal act is a person is liable for criminal punishment under Anglo-American law.

Accepted Answer

The third stage is the actus reus stage, which refers to the commission of a criminal act. Only after this stage is complete can a person be held criminally liable and subject to punishment under Anglo-American law. The other stages (second, fourth, and sixth) are not directly related to the commission of the criminal act.

Question 16

__________ are criminal acts that are punished before the ultimate or intended harm occurs.

Accepted Answer

Inchoate crimes are criminal acts that are punishable even though the intended harm did not occur. Examples include attempted murder, conspiracy, and solicitation. Misdemeanors and felonies refer to the seriousness of the crime and whether it is punishable by a fine, imprisonment or both. Completed crimes refer to criminal acts where the ultimate or intended harm has occurred.

Question 17

Cases of "hybrid" legal impossibility occur when

Accepted Answer

Hybrid legal impossibility occurs when the distinction between legal and factual impossibility fails, meaning that the offender's actions were impossible to complete either legally or factually. In such cases, the offender may still be guilty of attempted crime because they had the intent to commit the offense, even if it was impossible to carry out.

Question 18

Which of the following is a defense used when a person's intended end constitutes a crime,but the actor does not complete the act that would have been a crime because of circumstances unknown to him or her or beyond his or her control?

Accepted Answer

This defense is called factual impossibility. This occurs because although the intended end would have been a crime, the actor's actions could not have been completed due to circumstances unknown to them or beyond their control. This is not pure legal impossibility because the act attempted could have been a crime if not for the circumstances. Genuine legal impossibility and legal impossibility are not applicable in this scenario.

Question 19

It is generally accepted that a defendant cannot be held liable for an attempt unless he or she has committed

Accepted Answer

Attempt requires both the intent to commit a crime and a substantial step towards completing the crime, which is the actus reus. Therefore, the defendant must have committed the actus reus to be charged with attempt. The guilty state of mind and completion of the crime are not necessary for attempt liability. The initial thoughts or desires to commit a crime also do not constitute an attempt.

Question 20

Under the ________ test,a suspect who has not yet gained control over a necessary instrumentality of the criminal plan cannot be guilty of attempt.

Accepted Answer

The "indispensable element" test posits that a suspect cannot be guilty of an attempt to commit a crime if they have not yet gained control over an essential component or instrumentality needed to complete the criminal act. This test focuses on the necessity of having all crucial elements in place before an attempt can be legally recognized.

Quiz 5: Incomplete Crimes