Exam 7: Attempt, Conspiracy, and Solicitation

What is the difference between factual impossibility and legal impossibility?

What is the difference between the subjective approach and the objective approach to attempt?

______ occurs in those rare situations in which a defendant could not possibly achieve the desired result.

A(n) ______ but imperfect attempt occurs when an individual take every act required to commit a crime and yet fails to succeed.

The Model Penal Code states that to constitute an attempt, an act must be a clear step toward the commission of a crime.

______ arises when an individual mistakenly believes that he or she is acting illegally.

The Model Penal Code's ______ approach states that to constitute an attempt that an act must be a clear step toward the commission of a crime.

What is the rule of abandonment? Why does the law reward individuals who voluntarily abandon their attempt? Do you believe that the affirmative defense of abandonment is a good idea? Why or why not? Use examples from your readings to support your answer.

A form of conspiracy that involves single person or a group that serves as a hub connecting various, independent individuals or groups.

Solicitation is defined as an agreement between two or more persons to commit a criminal act.

Janice is actively planning to rob a bank. On the day the crime was to take place she makes it to the bank and inside but as she waits in line to see a teller the fire alarm goes off and everyone exists the building. She does not go through with her plan. Which legal test of attempt focuses on Janice's intent rather than her act?

What is the difference between conspiracy and solicitation?

Why do several states choose to NOT recognize the defense of abandonment?

What are three reasons why solicitation is punished?

Debi lives in a nice suburban neighborhood. It's a safe family friendly area. Her neighbors, although friendly, regularly have large family gatherings and parties in which they have upwards of 20-30 cars parked along the street. Sue, a friend of Debi's stopped by to show off her new hair color and in passing Debi noted that she couldn't stand how crowded the street was as a result of the neighbor. She mentions that she hopes someone comes and keys all of the cars. Sue leaves and nothing more is said. The next morning, all of the cars have been keyed and some even have slashed tires. Is Debi guilty of solicitation for her comments to sue?

The objective approach to criminal attempt requires an act that does not come close to the commission of the crime.

What are the three elements of attempt?

An incomplete attempt occurs when an individual takes every act required to commit a crime and yet fails to succeed.

Isaac gives $100 to his friend Doug to buy narcotics. An undercover officer arrests him before Doug can hand over his imitation drugs. Doug, unbeknownst to all of his buyers, does not actually sell narcotics, but sells baking soda instead. This is an example of ______.

______ holds defendants responsible for all acts of racketeering undertaken as part of a criminal enterprise.