Exam 7: Attempt, Conspiracy, and Solicitation

Dave is angry at Jim. Dave tells Jim to watch his back as he leaves Jim's house. Later that evening, Dave returns to Jim's home with a loaded gun. Analyze this situation under three different approaches to attempt. Describe what Dave would have to do in order to be liable under each approach.

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(Essay)

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Question 1

Correct Answer:

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(1) Physical proximity to the commission of a crime - Dave must have the loaded gun pointed and aimed toward Jim. (2) Unequivocality or clarity of purpose to commit a crime - Dave showing up at Jim's house with a loaded gun might be enough to assign liability; however, Dave's body language and facial expression might be taken into consideration. (3) Model Penal Code or substantial step toward the commission of a crime - some of Dave's preparation may be discussed such as getting the gun, loading the gun, and returning to Jim's house with the gun. It is also important that Dave point and aim the gun at Jim.

Diana was born and raised in New Orleans. She believed very strongly in and practiced voodoo. After her boyfriend broke up with her she decided to teach him a lesson. Diana constructed a very elaborate voodoo doll with the intent to kill him by mutilating the doll. If criminal charges are brought against her for this behavior she may claim inherent impossibility as a defense.

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(True/False)

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Question 2

Correct Answer:

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True

The joint or ______ conception of conspiracy means that a charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea.

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(Multiple Choice)

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Question 3

Correct Answer:

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The ______ test follows an objective approach and provides that an attempt occurs when an act is "very near" the completion of a crime.

(Multiple Choice)

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Question 4

The modern physical proximity test is employed by some state courts and is slightly less demanding than the last step approach.

(True/False)

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Question 5

A form of conspiracy that involves communications and cooperation by vertically connected individuals to achieve a criminal objective.

(Multiple Choice)

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Question 6

All of the following are reasons to punish an act that does not result in a crime EXCEPT ______.

(Multiple Choice)

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Question 7

What is RICO and what is its purpose? What types of activities are covered under RICO? What are the criticisms of RICO? Do you believe the RICO law is just and necessary? Why or why not?

(Essay)

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Question 8

Modern statutes generally limit the criminal objectives of conspiracy to intent to commit the crime.

(True/False)

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Question 9

All of the following terms are associated with the Model Penal Code's substantial step test EXCEPT ______.

(Multiple Choice)

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Question 10

The ______ test asks whether an ordinary individual observing the defendant's acts would conclude that the defendant clearly and indisputably intends to commit a crime.

(Multiple Choice)

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Question 11

The common law followed the physical proximity test.

(True/False)

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Question 12

All of the following are legal tests for the actus reus of attempt?

(Multiple Choice)

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Question 13

What is the difference between a complete attempt and incomplete attempt?

(Essay)

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Question 14

A conviction for conspiracy requires that two or more persons intentionally enter into an agreement with the intent to achieve the crime that is the objective of the conspiracy is referred to as a(n) ______.

(Multiple Choice)

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Question 15

The crime of conspiracy is comprised of a single person planning to commit a criminal act.

(True/False)

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Question 16

Most complex conspiracies can be categorized as either ______.

(Multiple Choice)

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Question 17

What are the three legal tests for the actus reus of attempt?

(Essay)

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Question 18

Inherent impossibility occurs when a defendant cannot possibly achieve the desired result.

(True/False)

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Question 19

What are the actus reus and mens rea of conspiracy?

(Essay)

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Question 20

Showing 1 - 20 of 83

Dave is angry at Jim. Dave tells Jim to watch his back as he leaves Jim's house. Later that evening, Dave returns to Jim's home with a loaded gun. Analyze this situation under three different approaches to attempt. Describe what Dave would have to do in order to be liable under each approach.

The joint or ______ conception of conspiracy means that a charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea.

The ______ test follows an objective approach and provides that an attempt occurs when an act is "very near" the completion of a crime.

The modern physical proximity test is employed by some state courts and is slightly less demanding than the last step approach.

A form of conspiracy that involves communications and cooperation by vertically connected individuals to achieve a criminal objective.

All of the following are reasons to punish an act that does not result in a crime EXCEPT ______.

What is RICO and what is its purpose? What types of activities are covered under RICO? What are the criticisms of RICO? Do you believe the RICO law is just and necessary? Why or why not?

Modern statutes generally limit the criminal objectives of conspiracy to intent to commit the crime.

All of the following terms are associated with the Model Penal Code's substantial step test EXCEPT ______.

The ______ test asks whether an ordinary individual observing the defendant's acts would conclude that the defendant clearly and indisputably intends to commit a crime.

The common law followed the physical proximity test.

All of the following are legal tests for the actus reus of attempt?

What is the difference between a complete attempt and incomplete attempt?

A conviction for conspiracy requires that two or more persons intentionally enter into an agreement with the intent to achieve the crime that is the objective of the conspiracy is referred to as a(n) ______.

The crime of conspiracy is comprised of a single person planning to commit a criminal act.

Most complex conspiracies can be categorized as either ______.

What are the three legal tests for the actus reus of attempt?

Inherent impossibility occurs when a defendant cannot possibly achieve the desired result.

What are the actus reus and mens rea of conspiracy?

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