Exam 6: Incohate and Organized Crime

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Abandonment as a defense to conspiracy

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Defenses unique to inchoate crimes include

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What are the elements of a RICO conspiracy?

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Elements of a RICO conspiracy are knowledge of the extent of the conspiracy and agreement to facilitate commission of acts that would constitute a substantive RICO crime if they were completed.

Most states use the last proximate act test for attempt actus reus.

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Hearsay testimony by a co-conspirator is allowed because co-conspirators are considered agents of each other.

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If one person makes separate agreements to help two different parties commit two separate crimes,only one conspiracy takes place.

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Fred intends to break into a house across town and take some jewelry.He is apprehended at midnight driving toward the house with a lock pick,a crowbar,and a glass cutter in his car.(a)For what crime should he be charged? (b)If he discovers the lock pick doesn't work and is apprehended on his way to the car to get the glass cutter? (c)If he manages to force the door open a few inches and reaches inside?

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If two parties,unknown to each other,agree to work toward the same criminal objectives with one central person,only one conspiracy takes place.

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Inchoate crimes are always given a lesser grade and degree than the completed offense.

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A family who puts pictures of ghosts around the perimeter of its property with the intent of scaring passersby to death are most likely to be charged with

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A statute that targets dangerous persons is likely to require a less substantial step toward the completion of a crime than a statute that targets dangerous conduct.

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Voluntary abandonment is most likely to be accepted as a defense to attempt

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The case that criminalized attempt in England in 1784 was

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The Model Penal Code's proximity test for actus reus in attempt is

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Solicitation merges with the completed substantive crime.

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Joyce offers Ben $10,000 to kill her husband.(a)For what crime should she be charged? (b)If Ben accepts? (c)If Ben is an undercover police officer?

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The overt act requirement for conspiracy is

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The actus reus of solicitation is

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In Case III,is the battery of Lacey Rude a foreseeable consequence of the Legrise gang's plan? What if Cat Bermuda has a gun (unknown to the others)and uses it to shoot Sissy McGuire,a guest of Mayor Chen who had once stolen Cat's date to the prom? What is the liability of the rest of the gang in each of these offenses?

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What is the rationale behind the prosecution of inchoate crimes? What compensates for the lack of actual harm?

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