Exam 7: Attempt, Conspiracy, and Solicitation

A form of conspiracy that typically arises on cases of narcotic or contraband distribution.

An imperfect attempt is when an individual abandons or is prevented from completing a crime due to the arrival of the police.

Commuting each way and regularly falls asleep during this time. One day on his way home from work the train was particularly packed and someone sat in the seat next to him. Sammy fell asleep as usual and the woman sitting next to him took the opportunity to reach into his large front jacket pockets to look for items of value. She had hoped to find some cash or at least items to take to the pawnshop but found the pockets were empty. Should the woman be liable for the attempted offense?

Anne was down on her luck and began a plan to rob a convenience store. She began watching the business during various shifts from her car across the street in order to learn the routines of the employees and develop the best plan possible. She went as far as to borrow a small surveillance camera from a friend and place it discreetly inside the store so it could be remotely monitored. On the day she planned to complete the offense she was again watching the business from the safety of her car. She started to regret her plan and decided she couldn't go through with it. She sat in her car and called a friend for some support. The employee inside had noticed the car and began feeling nervous. She subsequently notified the police. If the police question Anne about her plan which of the following may she offer in her defense?

The subjective approach focuses on the danger to society presented by a defendant who possesses a criminal intent.

A factual impossibility is a defense to an attempt to commit a crime.

The crime of solicitation is complete when ______.

A(n) ______ attempt occurs when an individual abandons or is prevented from the crime due to the arrival of the police or as a result of some other event outside his or her control.

The ______ is the legal test of attempt that requires an act that comes extremely close to the commission of the crime.

______ is defined as commanding, hiring, or encouraging another person to commit a crime.

Jake fires a gun at a local rival. He misses. He fires several more times. Each time he misses and finally his gun jams. This is an example of ______.

Demitri has noticed a friend of his talking to his girlfriend. He can be very jealous. One day he decides to teach this friend a lesson. Demitri takes his baseball hat and hits the boy on the head. The boy falls to the ground and Demitri continues to hit him. Upon the realization that the boy is falling in and out of consciousness he calls 911 because he had no intention to cause such severe injury. If he faces criminal charges for beating his friend will he be able to successfully use the defense of abandonment?

The crime of ______ is comprised of an agreement between two or more persons to commit a criminal act.

There are two major legal tests for the actus reus of attempt.

What is a circle conspiracy? Provide an example illustrating the circle conspiracy.

Which case brought awareness to the crime of solicitation when a man solicited a servant to steal his master's goods?

The plurality 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.

______ proves that an agreement by two persons to commit a crime requires that the voluntary and cooperative action of two persons cannot constitute a conspiracy.

When can abandonment be used as a defense?

Michele is desperate to sell her home and has entered into an agreement to sell to a known drug dealer who has made her an offer she can't refuse. He informs her of his profession, that he is purchasing the house for his boss whose identity he cannot disclose, but that he is a major drug lord in Columbia. She goes through with the sale anyway. The dealer turns out to be an undercover FBI agent. Michele is charged with conspiracy to launder money. She believes this charge will not stick because she did not enter into an agreement with another legitimate party. Is she correct?