Exam 5: Inchoate Offenses

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In general, the "actus reus" of the crime of conspiracy is _____________.

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C

Conspiracy is now defined by statute in __________ jurisdictions.

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A

In some states, statutes specifically provide for a defense of withdrawal from and renunciation of a(n)_________________.

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conspiracy

The actus reus of conspiracy is an unlawful _____________ between at least two persons to commit a crime.

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The essence of the offense of ____________ is the mutual agreement of at least two persons to commit a crime and such agreement is usually inferred from their acts and the surrounding circumstances.

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To prevent a person from being punished simply based on intent, laws defining criminal attempt often require an overt act that constitutes a substantial step toward the commission of an offense.

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Based on these facts, Johansen is guilty of the offense of:

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Legally, there can be no attempt to commit a crime which, by definition, embraces an attempt.

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In some states, statutes specifically provide for a defense of withdrawal from and renunciation of ______________.

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The Model Penal Code provides that the accused's complete and voluntary ________ of his criminal purpose is a defense to a charge of solicitation.

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While the crime of solicitation merely requires an enticement, the offense of __________ entails an agreement.

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In Callanan v.United States (1961), Supreme Court Justice Felix Frankfurter observed that "the danger which a(n) ________ generates is not confined to the substantive offense which is the immediate aim of the enterprise."

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Courts differ on whether ___________ is more heinous than attempt.

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Inchoate offenses are designed ______________________________ .

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The most likely legal question in this case is:

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____________ holds that two people cannot conspire to commit a crime such as adultery, incest, or bigamy because these offenses require at least two participants.

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A defendant cannot be found guilty of attempt if _______.

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When it comes to proving criminal intent in a prosecution for an attempted crime, most courts require the prosecutor to prove at least the level of intent required for the target crime.

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In some states, a defense to a charge of ___________ is if the defendant can prove that he or she prevented completion of the target crime under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.

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In the absence of a requirement of an ________________, a conspiracy statute potentially infringes the First Amendment freedoms.

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