Deck 3: Parties to a Crime and Inchoate Offenses

Question 1

In order to be an accessory after the fact, the actor must:

A)aid the offender out of friendship.
B)provide false information to authorities.
C)know that the person aided committed a felony.
D)hide the offender from authorities.

Answer 1

C

Question 2

Distinguishing factual from legal impossibility:

A)is a jury issue.
B)is an issue for the judge.
C)is not required under the Model Penal Code.
D)affects only punishment, not conviction.

Answer 2

C

Question 3

Under common law, the party who must be present (at least constructively) at the scene of a crime is:

A)the aider and abettor (principal in the second degree).
B)the accessory after the fact.
C)the accessory before the fact.
D)the conspirator.

Answer 3

A

Question 4

The criminal law may focus on conduct that occurs:

A)prior to crime only.
B)during crime only.
C)after crime only.
D)before, during, and after crime.

Question 5

When a defendant abandons the intent to go through with a crime, the defendant:

A)is innocent of any attempt charge.
B)may still be guilty of a criminal attempt.
C)is still guilty of solicitation.
D)may be fined, but not imprisoned.

Question 6

The mens rea required for an attempt is:

A)the intent to commit any unlawful act.
B)the intent to act recklessly.
C)the intent to create harm.
D)the intent to commit the specific crime in question.

Question 7

The mens rea of an accomplice may be:

A)strict liability.
B)criminal negligence.
C)an intent to aid the crime's execution.
D)criminal recklessness.

Question 8

An accessory after the fact:

A)helps plan the crime.
B)gives aid and comfort to persons known to have committed crimes.
C)drives the getaway car.
D)serves as a lookout during a crime.

Question 9

A defendant attempts an abortion on a woman who is not pregnant.This is an example of:

A)reckless impossibility.
B)factual impossibility.
C)constructive impossibility.
D)mistaken impossibility.

Question 10

Inchoate crimes punish:

A)criminal intent without any requirement for a physical act.
B)people who intend and act to commit a crime.
C)without regard to the defendant's mens rea.
D)group behavior.

Question 11

The party to a crime who engages in some form of obstruction of justice is:

A)an accessory before the fact.
B)a principal in the first degree.
C)a principal in the second degree.
D)an accessory after the fact.

Question 12

The physical proximity doctrine is used to establish:

A)the difference between conspiracy and solicitation.
B)the nature of the agreement in conspiracy.
C)the act necessary for the crime of attempt.
D)the difference between attempted and completed crimes.

Question 13

Legal impossibility exists when:

A)the completed conduct is not a consummated crime.
B)the actor has not done all that he or she intends to do.
C)the criminal harm cannot possibly result from the action taken.
D)an extraneous factor prevents the crime's completion.

Question 14

Which of the following circumstances might render the defendant an accessory before the fact?

A)Being present at the scene of a crime
B)Supplying instrumentalities of crime
C)Possessing knowledge that a crime has occurred
D)Failing to report a crime

Question 15

At common law, accessories before the fact were:

A)lookouts and getaway drivers.
B)the actual perpetrators of crimes.
C)criminal planners who were not conspirators.
D)not present when crimes were committed.

Question 16

Attempts:

A)punish for mere intention to commit a crime.
B)treat thoughts as actions.
C)require criminal intent and an act beyond mere preparation.
D)are misdemeanors, not felonies.

Question 17

Which of the following participants in felonies are punished by the common law?

A)Actual perpetrators
B)Aiders and abettors
C)Conspirators
D)All of the above

Question 18

Most jurisdictions treat accessories after the fact as:

A)coconspirators.
B)equivalent to accessories before the fact.
C)principals to the crime.
D)less serious offenders.

Question 19

Abandonment of a criminal intent:

A)may constitute a defense to attempt.
B)is never a defense.
C)creates factual impossibility.
D)creates legal impossibility.

Question 20

An inchoate crime is:

A)an incomplete crime.
B)a status crime.
C)a crime of omission.
D)a statutory creation.

Question 21

An innocent human agent is:

A)one who has been acquitted of all charges.
B)one who performs no physical acts.
C)one who has plea bargained with the prosecution.
D)one who commits the physical acts constituting a crime, but has a valid defense to the charge.

Question 22

In conspiracy law, Wharton's rule:

A)permits a conspiracy conviction even if only one actor can be proved guilty.
B)requires an act in furtherance of the conspiracy.
C)requires at least one person more than it takes to commit the consummated crime.
D)requires acquittal when all other conspirators are acquitted.

Question 23

Which is the most remote from the completion of a crime?

A)Conspiracy
B)Attempt
C)Preparation
D)Aiding and abetting

Question 24

Merger is a concept that:

A)subsumes a previously distinct offense within a greater offense.
B)allows multiple charges at a single trial.
C)allows one trial of joint defendants.
D)combines all offenses for sentencing purposes.

Question 25

To convict a defendant of solicitation, the person solicited:

A)must act toward completion of the crime.
B)must accept the solicitation.
C)need not accept the solicitation.
D)must complete the crime.

Question 26

The Pinkerton doctrine:

A)permits a conspiracy conviction even if only one actor can be proved guilty.
B)requires an act in furtherance of the conspiracy.
C)requires at least one person more than it takes to commit the consummated crime.
D)determines when each conspirator may be held responsible for the acts of other conspirators.

Question 27

Mere preparation is most often raised as a defense to:

A)attempted crimes.
B)misdemeanors.
C)felonies.
D)strict liability crimes.

Question 28

Conspiracy focuses on:

A)the inchoate nature of crime.
B)the intent to commit a dangerous act.
C)the involvement of more persons than are necessary to commit the crime.
D)premeditation.

Question 29

The doctrine that there is no conspiracy when there is an agreement between only the parties necessary for the commission of a substantive offense is known as:

A)Wharton's rule.
B)the complicity doctrine.
C)the principle of concurrence.
D)the Pinkerton doctrine.