Deck 7: Attempt, Conspiracy, and Solicitation

Question 1

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

A) physical proximity
B) threat provocation
C) unequivocality
D) Model Penal Code

Answer 1

B

Question 2

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

A) physical proximity
B) substantial step
C) threat provocation
D) last step

Answer 2

A

Question 3

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

A) Solicitation
B) Attempt
C) Conspiracy
D) Intervention

Answer 3

A

Question 4

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.

A) incomplete
B) complete
C) impossible
D) possible

Question 5

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

A) Legal impossibility
B) Factual impossibility
C) Inherent impossibility
D) Principle of legality

Question 6

All of the following are elements of criminal attempt EXCEPT ______.

A) an intent or purpose to commit a crime
B) an act or acts toward the commission of a crime
C) a failure to commit the crime
D) an accessory accomplice to help commit the crime

Question 7

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

A) solicitation
B) attempt
C) conspiracy
D) intervention

Question 8

The common law followed the ______ approach and provided that an attempt only occurred following the completion of the final step required for the commission of a crime.

A) physical proximity
B) dangerously close
C) objective
D) last step

Question 9

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

A) retribution
B) deterrence
C) utilitarian
D) incapacitation

Question 10

______ prohibits punishing an individual for a crime that is the product of his or her imagination.

A) Legal impossibility
B) Factual impossibility
C) Inherent impossibility
D) Principle of legality

Question 11

______ is the planning and purchasing of the materials to commit a crime.

A) Objective approach
B) Preparation
C) Subjective approach
D) Equivocality approach

Question 12

To satisfy the actus reus of conspiracy, most states require ______.

A) an agreement
B) planning
C) an overt act
D) completion of the offense

Question 13

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.

A) physical proximity
B) substantial step
C) unequivocality
D) last step

Question 14

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.

A) plurality
B) bilateral
C) unilateral
D) chain

Question 15

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?

A) objective approach
B) preparation
C) subjective approach
D) equivocality approach

Question 16

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

A) Legal impossibility
B) Factual impossibility
C) Inherent impossibility
D) Principle of legality

Question 17

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.

A) physical proximity
B) substantial step
C) unequivocality
D) dangerously close

Question 18

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

A) objective approach
B) preparation
C) subjective approach
D) equivocality approach

Question 19

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

A) incomplete
B) complete
C) impossible
D) possible

Question 20

______ attempt arises where the perpetrator makes a mistake, such as aiming and firing the gun only to realize that it is not loaded.

A) Incomplete
B) Complete
C) Impossible
D) Possible

Question 21

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

A) joint conspiracy
B) chain conspiracy
C) hierarchical conspiracy
D) circle conspiracy

Question 22

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

A) lying
B) surveying
C) soliciting
D) lawful

Question 23

Tony has a vendetta against Pat. He sets out to cut the brake lines in his car in hopes he winds up fatally crashing later that day. He finds Pat's car in his work lot and successfully cuts the brake lines. He anxiously counts down the minute until the time he knows Pat typically leaves work. Pat fatally crashes on his way home from work. If Tony is charged with a crime for what reason will it not be attempt?

A) Tony did not have the intent or purpose to commit the crime.
B) Tony did not complete an act toward the commission of the crime.
C) Tony did not fail to complete the crime.

Question 24

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?

A) factual impossibility
B) legal impossibility
C) abandonment
D) right to privacy

Question 25

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?

A) Yes, the crime has been committed the moment Debi requests Sue commits the act.
B) No, Debi did not have the specific purpose required.
C) Yes, this is an example of indirect solicitation.
D) No, there was no additional step such as the exchange of money or phone call to trigger the crime.

Question 26

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?

A) Yes, he stopped hitting the boy as soon as he realized the extent of his injuries.
B) Yes, abandonment is available to those who renounce their criminal conduct before the completion of the crime.
C) No, because Demitri didn't take the boy to the hospital himself.
D) No, because Demitri completed the crime and is simply feeling regret about his actions.

Question 27

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

A) Gebardi rule
B) Pinkerton rule
C) RICO
D) Wharton's rule

Question 28

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

A) because it violates freedom of expression
B) because the crime of attempt merges with the substantive crime
C) because the crime of attempt is complete and cannot be renounced
D) because the criminal act has not been completed and public policy demands no crime has been committed

Question 29

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 ______.

A) an incomplete attempt
B) a complete attempt
C) vicarious liability
D) abandonment

Question 30

Which of the following is a reason solicitation remains a controversial crime?

A) There is a threat society.
B) Punishing an individual for solicitation interferes with freedom of speech.
C) There is no risk that individuals will be convicted based on a false accusation.
D) Punishment does not interfere with civil liberties.

Question 31

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?

A) Yes, factual impossibility is not a defense.
B) Yes, legal impossibility is not a defense.
C) No, factual impossibility is a complete defense.
D) No, legal impossibility is a complete defense.

Question 32

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?

A) Yes, conspiracies must be bilateral.
B) No, unilateral conspiracies may exist with undercover agents providing the single individual agreed to enter into a conspiracy.
C) Yes, unilateral conspiracies may not exist with undercover agents providing a single individual agreed to enter into a conspiracy.
D) No, conspiracies regularly target individuals who have not actually entered into any agreement.

Question 33

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) ______.

A) attempt
B) bilateral conception
C) plurality requirement

Question 34

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

A) joint conspiracy
B) chain conspiracy
C) hierarchical conspiracy
D) circle conspiracy

Question 35

Which famous philosopher argued that an individual who possesses the purpose to slay another should be regarded as a murderer and tried as such?

A) Plato
B) Aristotle
C) Nietzsche
D) Kierkegaard

Question 36

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 ______.

A) factual impossibility
B) inherent impossibility
C) abandonment
D) legal impossibility

Question 37

The crime of solicitation is complete when ______.

A) the solicited individual carries out the criminal act
B) the solicitor engages the individual to carry out the criminal act, whether the act is completed or not
C) the deed is solidified in a written agreement
D) the solicitor walks away before carrying out the act

Question 38

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

A) joint conspiracy
B) chain conspiracy
C) hierarchical conspiracy
D) circle conspiracy

Question 39

______ 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.

A) Gebardi rule
B) Pinkerton rule
C) RICO
D) Wharton's rule

Question 40

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

A) Rex et al. v. Candice
B) People v. Higgins
C) United States v. Carolina
D) Rex v. Higgins

Question 41

A mistake concerning the law is a defense.

Question 42

Abandonment is a defense to attempt where an individual freely and voluntary undergoes a change of heart and abandons the criminal activity.

Question 43

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

Question 44

Most complex conspiracies can be categorized as either ______.

A) a chain or a wheel conspiracy
B) a wheel or spoke conspiracy
C) a knot or twist conspiracy
D) a chain or hub conspiracy

Question 45

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

Question 46

The common law followed the physical proximity test.

Question 47

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.

Question 48

The objective approach requires an act that comes extremely close to the commission of a crime.

Question 49

All of the following are components of the actus reus of conspiracy EXCEPT ______.

A) entering into an agreement
B) to commit a crime
C) an overt act in furtherance of the agreement
D) the completion of a criminal act

Question 50

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.

Question 51

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

Question 52

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

Question 53

All of the following punish attempts EXCEPT ______.

A) modern law
B) judicial decision making
C) Model Penal Code
D) early common law

Question 54

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

Question 55

The subjective approach requires that an act comes extremely close to the commission of a crime.

Question 56

Crimes that declare that individuals can be convicted and punished for intent to commit a crime when accompanied by a significant step toward the commission of the offense are called ______.

A) incohate crimes
B) accomplice crimes
C) accessory crimes
D) intent crimes

Question 57

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

Question 58

A factual circumstance that prevents an individual from actually completing a criminal offense is referred to in some state statutes as ______.

A) inherent impossibility
B) an extraneous factor
C) attendant circumstance
D) a contemporaneous factor

Question 59

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

Question 60

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

Question 61

What are the actus reus and mens rea of conspiracy?

Question 62

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

Question 63

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

Question 64

What is the plurality requirement?

Question 65

What are the three elements of attempt?

Question 66

What is the difference between factual impossibility and legal impossibility?

Question 67

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

Question 68

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

Question 69

What are the three types of inchoate crimes? Define and provide an example of each type of inchoate crime.

Question 70

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

Question 71

What are three reasons why solicitation is punished?

Question 72

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

Question 73

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.

Question 74

When can abandonment be used as a defense?

Question 75

What is the difference between conspiracy and solicitation?

Question 76

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

Question 77

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.

Question 78

There are two types of attempts: complete attempt and incomplete attempt.

Question 79

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

Question 80

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