Deck 5: Inchoate Offenses

Question 1

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.

Answer 1

True

Question 2

Where a substantive offense itself is defined as including an attempt, the defendant should not be found guilty of an attempt to commit that offense.

Answer 2

True

Question 3

If the crime solicited is committed or attempted by the solicitee, then the offense of solicitation ordinarily merges into the target crime.

Answer 3

True

Question 4

Unlike criminal attempt, conspiracy does not merge into the target offense; it remains a separate prosecutable offense.

Question 5

To be found guilty of conspiracy, one must join the conspiracy at its inception.

Question 6

An attempt that completes a substantive crime merges into the target offense, making the actor guilty of the target crime but not also the attempt.

Question 7

Under the common law, the inchoate offenses were felonies.

Question 8

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

Question 9

Legally, solicitation is a more serious crime than attempt, regardless of the target crime.

Question 10

Most American jurisdictions define the inchoate offenses by statute, but their development has been primarily through the courts.

Question 11

In a solicitation case, the prosecution must establish that the solicitor had the requisite intent for the crime solicited.

Question 12

Conspiracy is a separate and distinct crime that does not necessarily have to merge into the "target offense."

Question 13

The crimes of attempt and conspiracy both merge into target offenses.

Question 14

Conspiracy is now defined by statute in both federal and state jurisdictions.

Question 15

At common law, a husband and wife could not be found guilty of conspiring with one another.

Question 16

A person who solicits another to commit a crime would not be found guilty of solicitation if a police officer intervened and prevented the completion of the solicited crime.

Question 17

Wharton's Rule holds that two people cannot conspire to commit a crime such as adultery, incest, or bigamy because these offenses require only two participants.

Question 18

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.

Question 19

One cannot be guilty of an attempt to commit a crime that is factually impossible to commit.

Question 20

Solicitation was not recognized as an offense at common law.

Question 21

Jones paid Smith $5,000 to kidnap Brown.En route to Brown's home, Smith's efforts were foiled by the police.Jones may be prosecuted for ___________.

A)attempted kidnapping
B)solicitation
C)compounding a crime
D)no offense because the kidnapping did not occur

Question 22

Which of the following substantive crimes would most likely embrace an attempt?

A)murder
B)rape
C)uttering a forged instrument
D)None of these

Question 23

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."

A)conspiracy
B)riot
C)attempt
D)unlawful assembly

Question 24

During the 1800s, inchoate offenses were recognized as ____ by the English common law.

A)capital crimes
B)misdemeanors
C)felonies
D)torts

Question 25

To be guilty of conspiracy, one must __________________.

A)know and see one's co-conspirators
B)be a party to an explicit agreement to commit a crime
C)be unsuccessful in committing the target crime
D)None of these is correct.

Question 26

State penal codes often specifically provide for attempts to commit the most serious crimes such as murder.The remaining offenses are then covered by _____________.

A)the common law
B)the Model Penal Code
C)judicial
D)a general attempt statute

Question 27

Most American jurisdictions now define the inchoate crimes by _____________.

A)the common law
B)executive order
C)statute
D)judicial decision

Question 28

Some jurisdictions have laws providing that it is a defense to the crime of ________ if the defendant voluntarily abandons its completion

A)attempt
B)perjury
C)rape
D)None of these

Question 29

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

A)the act of solicitation
B)an attempt
C)an unlawful agreement
D)a substantial step to effectuate the conspiracy

Question 30

The most frequently charged inchoate offense is __________.

A)conspiracy
B)attempt
C)solicitation
D)none of these

Question 31

A defendant cannot be found guilty of attempt if _______.

A)it is legally impossible to commit the attempted offense
B)he or she is convicted of conspiracy to commit the same crime
C)the attempt is unsuccessful
D)All of these

Question 32

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

A)misprision of felony
B)compounding a crime
C)aiding and abetting
D)conspiracy

Question 33

A person who paid another to commit kidnapping could still be found guilty of ________ if a police officer intervened and prevented the abduction.

A)solicitation
B)assault
C)attempt
D)injunction

Question 34

Inchoate offenses are designed ______________________________ .

A)to define activity that is directed toward completion of a crime
B)to enable law enforcement officers to terminate criminal conduct at an early stage
C)to allow police to apprehend dangerous persons before they accomplish their criminal objectives
D)All of these

Question 35

Federal courts have recognized the requisite elements of attempt as (1) an intent to engage in criminal conduct, and (2) the performance of an act that constitutes a (an) ______________.

A)conspiracy
B)prohibited substantive crime in and of itself
C)substantial step toward the completion of the substantive offense
D)None of these

Question 36

To obtain a conviction for conspiracy, the prosecution generally must prove that the defendant intended to further the unlawful object of the conspiracy, and such intent must exist in the minds of _______ of the parties to the conspiracy.

A)All
B)at least two
C)at least one
D)None of these

Question 37

Conspiracy is now defined by statute in __________ jurisdictions.

A)both federal and state
B)most state
C)federal but not most state
D)neither federal nor state

Question 38

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.

A)perjury
B)attempt
C)subornation
D)solicitation

Question 39

Where a criminal offense is specifically defined as including a (an) _____, a defendant who is found guilty should be convicted of the substantive offense, and not of an attempt to commit that offense.

A)conspiracy
B)solicitation
C)attempt
D)None of these

Question 40

Commission of the crime of ___________ may be perpetrated through an intermediary.

A)attempt
B)adultery
C)solicitation
D)none of these

Question 41

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.

Question 42

An ____________ offense is one involving activity or steps directed toward the completion of a target crime.

Question 43

Numerous federal statutes define solicitation in various contexts.Irrespective of the statutory language courts often require the prosecution to establish the defendant's ________________.

Question 44

Under the _____________ Rule, a member of a conspiracy is liable for offenses committed by others in furtherance of the conspiracy.

A)Wharton
B)vicarious liability
C)Pinkerton
D)Anders

Question 45

Statutes generally provide that whoever commands, encourages, or requests another to commit an offense is guilty of _______________.

Question 46

In ____________ (1946), a man was charged with conspiring with his brother for to violate the federal tax laws, including some offenses allegedly committed by his brother during times that he was incarcerated.

A)Pinkerton v.United States
B)Callanan v.United States
C)Leary v.United States
D)Marchetti v.United States

Question 47

Inchoate offenses include attempt, solicitation, and ____________.

Question 48

Courts differ on whether ___________ is more heinous than attempt.

Question 49

The most frequently charged of the inchoate crimes is ____________.

Question 50

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

A)a criminal solicitation
B)a criminal attempt
C)a conspiracy
D)none of these

Question 51

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

Question 52

Courts regard each conspirator's actions as the actions of the other conspirators.This is known as the _________ Rule.

Question 53

Under _________ Rule, two people cannot conspire to commit a crime such as incest or bigamy because these offenses require only two participants.

Question 54

An agreement between two or more persons to commit a criminal offense, usually a felony, is referred to as a _________.

Question 55

The legal doctrine that holds that two people cannot conspire to commit a crime such as adultery, incest, or bigamy since these offenses require two participants is known as _______.

A)the Pinkerton Rule
B)the principle that conspiracy does not merge into the target offense
C)Wharton's Rule
D)the concept that conspiracy is not applicable to commission of any offenses involving sexual conduct

Question 56

A criminal attempt includes a ____________ step toward the commission of a target crime.

Question 57

Even where state statutes defining the inchoate offense of ___________ do not include the term "substantial" in defining the act requirement, courts usually impose that requirement.

Question 58

The range of criminal conspiracies includes ____________________.

A)deprivations of civil rights
B)illicit drug trafficking
C)violations of antitrust laws
D)all of these

Question 59

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

Question 60

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

Question 61

Assuming insufficient evidence to prosecute Margo and Jeffrey for incest, the legal barrier against prosecuting them for conspiracy to commit incest is:

A)the Pinkerton Rule
B)Wharton's Rule
C)Hale's Rule
D)the overbreadth doctrine

Question 62

Based on these facts, J.J.appears to be guilty of:

A)rape
B)solicitation
C)attempted rape
D)no offense

Question 63

Explain how an attempt to commit a crime differs from possessing the intent to commit a crime.

Question 64

The ____________ Rule holds that conspirators are agents of one another bound by the acts of their coconspirators, so each conspirator is responsible for the acts of the others within the context of their common design.

Question 65

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

Question 66

A key factual question in this case is:

A)whether offering and then retrieving the procurement care constitutes an overt act within the meaning of the state attempt statute.
B)whether the waiter had an improper motive in reporting the incident to the prosecutor's office.
C)whether Dexter's initial offering of the procurement card was inadvertent or manifested an intent to use city funds to pay for the meal.
D)whether the city's laws prohibited the use of city funds to pay for benefits to the political supporters of city officials.

Question 67

A key legal question in this case is whether:

A)the conspiracy statute requires proof of an overt act in furtherance of the conspiracy.
B)the individuals named in the indictment actually made the alleged statements
C)the offense of conspiracy merges into the target crimes identified in the indictment
D)the members of the alleged conspiracy actually intended to commit the target crimes identified in the indictment

Question 68

The most likely legal question in this case is:

A)whether offering and then retrieving the procurement card constitutes an overt act within the meaning of the state attempt statute
B)whether the waiter had an improper motive in reporting the incident to the prosecutor's office
C)whether Dexter's initial offering of the procurement card was inadvertent or manifested an intent to use city funds to pay for the meal
D)whether the city's laws prohibited the use of city funds to pay for benefits to the political supporters of city officials

Question 69

Explain why an attempt requires a substantial step toward the commission of a crime, and give a specific example that illustrates your explanation.

Question 70

A state statute makes it a crime "to endeavor to pass a forged document as a genuine document in exchange for something of value." Would a defendant who offered a forged check in exchange for merchandise be guilty of a criminal attempt? Explain your answer.

Question 71

What are some of the benefits of a society's criminalizing certain conduct preparatory to the commission of substantive crimes?

Question 72

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

Question 73

The most likely constitutional defense in this case is one based on:

A)the Fourth Amendment
B)the Fifth Amendment
C)the Ninth Amendment
D)the First Amendment

Question 74

Statements made in furtherance of a conspiracy may be admitted into evidence, which is an exception to the rule that ordinarily excludes admission of __________ statements at trial.

Question 75

In many jurisdictions it is a defense to a charge of committing an attempt if it would be __________ impossible to commit the target crime.

Question 76

If a willing buyer purchases illicit drugs from a willing seller on a single occasion, would a charge of conspiracy against the two be upheld by the courts? Why or why not?

Question 77

Had J.J.stopped, apologized and departed immediately after Mary said, "No, stop," J.J.would have been guilty of:

A)rape
B)solicitation
C)attempted rape
D)no offense

Question 78

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

A)attempted murder
B)extortion
C)solicitation
D)bribery

Question 79

Based on a similar but real case discussed in the textbook, a conviction in this case likely would be:

A)not reviewed by a state appellate court.
B)thrown out by a state appellate court.
C)upheld by a state appellate court.
D)reviewed by the U.S.Supreme Court.

Question 80

Reems is guilty of:

A)conspiracy
B)extortion
C)attempted murder
D)no offense