Deck 4: Criminal Liability

Question 1

The crime of solicitation is committed when: ​

A)the person solicited commits the requested crime.
B)the person solicited accepts payment.
C)when a person attempts to get another to commit a crime.
D)when the agreement is placed in writing.

Answer 1

C

Question 2

Conspiracy can be proved even if the co-conspirator cannot be found or identified.

Answer 2

True

Question 3

The Model Penal Code would provide a defense to a conspiracy charge where a conspirator "thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose." ​

Answer 3

True

Question 4

The death of a co-conspirator: ​

A)may affect a prosecution for conspiracy.
B)ends any possibility of prosecution for conspiracy.
C)always affects a prosecution for conspiracy.
D)never affects a prosecution for conspiracy.

Question 5

The purpose of solicitation, conspiracy, and attempt statutes is to: ​

A)prevent serious harm before it occurs.
B)prevent persons from aiding the criminal after completion of the crime.
C)obtain the cooperation of material witnesses.
D)prevent criminals from escaping.

Question 6

What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states? ​

A)Payment or reward
B)Overt act
C)Two or more guilty persons
D)Agreement

Question 7

Few states require that some overt act be committed pursuant to the conspiracy agreement before it becomes a crime. ​

Question 8

"What one did they all did" is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement. ​

Question 9

When a person becomes liable for the criminal acts of another, it is known as strict liability. ​

Question 10

Courts currently categorize impossibility defenses in attempt cases into two classes: factual impossibility and legal impossibility. ​

Question 11

Evidence of an overt act would provide some assurance that: ​

A)at least one of the conspirators was sincere.
B)there are at least two persons involved in the conspiracy.
C)the object of the conspiracy is illegal.
D)there is more than just an attempt to solicit.

Question 12

For criminal conspiracy, proof of an overt act by a defendant: ​

A)was required under common law.
B)is unconstitutional.
C)is required by most current state statutes.
D)is extremely difficult to prove.

Question 13

A person who aids and abets a criminal is sometimes referred to as an accomplice.

Question 14

Abandonment or withdrawal by a conspirator makes the crime: ​

A)nonetheless complete.
B)not complete.
C)complete if one of the conspirators commits the crime.
D)not complete unless one of the conspirators commits the crime.

Question 15

A person cannot be convicted of a conspiracy to commit a crime if the agreed objective is not criminal. ​

Question 16

A complete and voluntary renunciation of criminal purpose is not a defense to a charge of attempt to commit a crime. ​

Question 17

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime has: ​

A)not yet violated any law.
B)still violated any law.
C)committed a crime.
D)committed a misdemeanor.

Question 18

In the early 1600s, ______ was used extensively by the English Court of the Star Chamber? ​

A)attempt
B)conspiracy
C)solicitation
D)obstruction of justice

Question 19

A request made to another person to commit a crime is the offense of: ​

A)conspiracy.
B)attempt.
C)solicitation.
D)obstruction of justice.

Question 20

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law. ​

Question 21

A person asking another to commit murder is guilty of:

A)solicitation.
B)aiding.
C)abetting.
D)conspiracy.

Question 22

A person who provides assistance to another who commits the crime is called a/an:

A)solicitor.
B)aider and abettor.
C)co-conspirator.
D)solicitee.

Question 23

Conspiracy can be proved even if the co-conspirator cannot be found or:

A)cannot be identified.
B)has died.
C)cannot be found.
D)all of these choices are correct.

Question 24

Attempting to pick an empty pocket would be an example of which kind of impossibility? ​

A)Legal
B)Factual
C)Imminent
D)Contingent

Question 25

Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of _____ has been committed. ​

A)attempt
B)solicitation
C)conspiracy
D)obstruction of justice

Question 26

What principle of liability holds a defendant legally responsible for the unlawful conduct of others that he aids and abets?

A)Principal
B)Accessory
C)Accomplice
D)Party

Question 27

In all of the following circumstances except one a person could be criminally liable for the conduct of another if he or she is a party to a conspiracy to commit a crime and: ​

A)hires another to commit a crime.
B)urges another to commit a crime.
C)counsels another to commit a crime.
D)attempts but fails to stop it.

Question 28

If a defendant plans to engage in conduct that he believes to be a crime, but the conduct as planned is not a crime, the defendant is:

A)guilty of an attempt.
B)guilty of conspiracy.
C)not guilty of an attempt.
D)None of these choices.

Question 29

For the crime of attempt, most state and federal courts have rejected the defenses of: ​

A)consent and alibi.
B)insanity and necessity.
C)coercion and entrapment.
D)legal and factual impossibility.

Question 30

All participants in a conspiracy or common plan to commit a crime are guilty of any act of another participant as long as that act is deemed a/an _____ of the intended crime.

A)element
B)natural and probable consequence
C)unforeseeable consequence
D)preferred outcome

Question 31

Attempting to receive stolen goods that were not stolen would be an example of a(n) _____  kind of impossibility? ​

A)legal
B)factual
C)imminent
D)contingent

Question 32

To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of: ​

A)an agreement to commit the crime.
B)a request to commit the crime.
C)completion of a substantial step.
D)a motive.

Question 33

Impossibility is generally not a defense, unless:

A)the crime did not occur.
B)the defendant is ruled mentally incompetent. ​
C)what is being attempted is a crime.
D)what is being attempted is not a crime.

Question 34

A conspiracy to commit an unlawful act is known as a: ​

A)common design.
B)commitment design.
C)conspiracy design.
D)concomitant design.

Question 35

"A person who is a party to an agreement to commit an unlawful act," is the definition of a/an:

A)accessory after the fact
B)aider
C)abettor
D)conspirator

Question 36

The Wharton Rule states that the crime of conspiracy cannot be charged if the number of people involved is only those necessary by factual circumstance to: ​

A)commit the crime.
B)get away with the crime.
C)plan the crime.
D)None of these is correct.

Question 37

Which impossibility defense is still viable?

A)Engaging in conduct one thinks is a crime but that is not a crime
B)Engaging in factual impossibility
C)Engaging in legal impossibility
D)Engaging in legal or factual impossibility

Question 38

The most frequently charged anticipatory offense is that of: ​

A)attempt.
B)solicitation.
C)conspiracy.
D)obstruction of justice.

Question 39

The US Supreme Court has stated that the essence of the crime of conspiracy is: ​

A)completion of the substantive crime.
B)commission of an overt act by one of the conspirators.
C)the object of the conspiracy is illegal.
D)agreement to commit a crime.

Question 40

The Wharton Rule requires that crimes needing more than one person for commission, such as bigamy, require ______ people for a conspiracy conviction.

A)three or more
B)four or more
C)five or more
D)two or more

Question 41

Chad Roso gets into an argument with his girlfriend Megan Kole and threatens to kill her. He tells her he is going into his bedroom to get his gun and then she "is down!" Megan calls the police, who arrive within two minutes and bust down the door just in time to see Chad pointing his gun at Megan screaming, "I'm going to kill you!" The police utilize their Taser and shock Chad before he is able to kill Megan.

A)Chad could be charged with attempted murder because this crime could be determined as:
B)anticipatory.
C)limitless.
D)murder in the 3rd degree.
E)manslaughter.

Question 42

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)Punishment for the consequences of accidents is permissible if:
B)the accident occurred during a criminal act.
C)there were no other criminal behaviors.
D)the result was unintended.
E)no harm occurs from the accident.

Question 43

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)Under the _______ rule the other three criminals can be charged with the fully automatic Tech-9 weapon.
B)Rosa
C)Possession
D)Brinks
E)Pinkerton

Question 44

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)Broadly speaking, an action taken after a crime has been committed is called a/an:
B)post-crime offense.
C)aider.
D)abettor.
E)conspiracy.

Question 45

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)Someone who aids in the preparation of a crime but is not present at the time the crime was committed is called a/an:
B)accessory before the fact.
C)accessory after the fact.
D)principal in the first degree.
E)principal in the second degree.

Question 46

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)In order for an action to be considered a post-crime offense, the action must:
B)aid the person who committed the original crime.
C)have been considered before the original crime was committed.
D)be unrelated to the person who committed the original crime.
E)must in all cases be committed by someone other than the person who committed the original crime.

Question 47

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)Someone who was not involved in the preparation of a crime but was present at the time the crime was committed is called a/an:
B)accessory before the fact.
C)accessory after the fact.
D)principal in the first degree.
E)principal in the second degree.

Question 48

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)The other three criminals can be charged with the fully automatic Tech-9 weapon because:
B)of the rebuttable presumption that if the leader of the group is guilty, all are guilty.
C)of the conclusive presumption that if the leader of the group is guilty, all are guilty.
D)in conspiracy cases, the rule is guilty until proven innocent.
E)it was foreseeable and done in furtherance of the conspiracy.

Question 49

Chad Roso gets into an argument with his girlfriend Megan Kole and threatens to kill her. He tells her he is going into his bedroom to get his gun and then she "is down!" Megan calls the police, who arrive within two minutes and bust down the door just in time to see Chad pointing his gun at Megan screaming, "I'm going to kill you!" The police utilize their Taser and shock Chad before he is able to kill Megan.

A)Because Chad convinced Scott to help in this crime, Chad could be charged with:
B)anticipatory.
C)solicitation.
D)conspiracy.
E)limitless.

Question 50

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)Which is not an example of a post-crime offense?
B)Cheating on your taxes
C)Obstructing justice
D)Committing perjury
E)Bribing witnesses

Question 51

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)Under common law rules, what was required in order to prove the crime of conspiracy?
B)Proof of the criminal conspiracy
C)An overt act
D)Any act in furtherance of the conspiracy
E)Any act, regardless if it furthered the conspiracy

Question 52

Chad spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his ex-girlfriend. Chad stalks his ex-girlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.

A)Scott came out of criminal retirement and helped Chad bury Megan's body. Scott could be considered a/an:
B)solicitor.
C)aider and abettor.
D)s ex post facto conspirator.
E)conspirator.

Question 53

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)The scope of liability of persons who are a party to a conspiracy or other agreement to do an unlawful act is called:
B)common design.
C)accessory.
D)accomplice.
E)the Wharton rule.

Question 54

Chad Roso gets into an argument with his girlfriend Megan Kole and threatens to kill her. He tells her he is going into his bedroom to get his gun and then she "is down!" Megan calls the police, who arrive within two minutes and bust down the door just in time to see Chad pointing his gun at Megan screaming, "I'm going to kill you!" The police utilize their Taser and shock Chad before he is able to kill Megan.

A)After this crime was investigated, the police determined that Chad had also called his friend Scott and convinced him to come over and help bury Megan. Scott had actually showed up that night with a shovel and bleach and was ready to help Chad, but then realized he had been arrested. Scott provided a full confession and could be charged with a/an ________________ crime.
B)anticipatory
C)manslaughter
D)conspiracy
E)limitless

Question 55

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)One conspirator is liable for the crimes committed by another conspirator; this is called the _______ rule.
B)Pinkerton
C)general liability
D)Brinks
E)Wharton

Question 56

Chad spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his ex-girlfriend. Chad stalks his ex-girlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.

A)Because Scott did not prevent this crime from occurring and even though he knew about it, he failed to take the necessary steps to stop/prevent this crime, it could fall into what type of liability?
B)Strict
C)Due process
D)Associative
E)Indeterminate

Question 57

Chad spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his ex-girlfriend. Chad stalks his ex-girlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.

A)Chad's previous prison cell-mate Scott drove Chad to Megan's house with the intent of helping Chad dispose of the body. Scott helped Chad plan the murder, supplied him with the weapon, and helped bury her in the desert. Chad could be considered a/an:
B)partner in crime.
C)accomplice. ​
D)criminal acquaintance.
E)unwilling accomplice.

Question 58

Chad spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his ex-girlfriend. Chad stalks his ex-girlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.

A)Brian helps Chad hide out in his basement while the police are searching for him. Brian could be charged with:
B)solicitation.
C)aiding and abetting.
D)ex post facto conspirator.
E)conspiracy.

Question 59

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)In order for an action to be considered a post-crime offense, there must be:
B)knowledge that the crime was committed.
C)an attempt at a conspiracy.
D)a solicitation by the person or persons who committed the crime. ​
E)evidence of a solicitation.

Question 60

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

A)During the investigation of this drug offense one of the criminals provided false and misleading information to the police. This could fall under the category of:
B)post-crime offenses.
C)pre-crime offenses.
D)liability offenses.
E)due process.

Question 61

Incitement is synonymous with _____.

Question 62

Anticipatory crimes are commonly referred to as _____ crimes.

Question 63

In the case United States v. Falcone (1940), the defendants sold yeast and sugar to a man who was making illegal alcohol. The evidence showed that defendants knew that their products were being used for illegal purposes. Discuss the Supreme Court's decision regarding the existence of a conspiracy. Explain the Court's reasoning behind its decision.

Question 64

Under common law, a person who knew a crime had been committed and gave aid or comfort to the person who committed the crime was termed a/an _________ after the fact.

Question 65

The Model Penal Code states that a conviction for a conspiracy requires proof of a/an ____.

Question 66

The principle of ____________ liability holds a defendant legally responsible for the unlawful conduct of others that he aids and abets.

Question 67

Most state statutes on criminal conspiracy require proof of a/an _______ act by a defendant.

Question 68

Discuss the types of impossibility defenses that have been rejected by the US Supreme Court. What type of impossibility defense is still viable?

Question 69

Inchoate crimes are crimes themselves but also _____ to a more serious crime.

Question 70

If the conspiracy is ________________, the crime of conspiracy is nonetheless complete.

Question 71

Asking someone to commit a crime is known as ________________.

Question 72

The _____________ Rule states that the crime of conspiracy cannot be charged if the number of people involved is only those necessary to commit the crime.

Question 73

An example of _________ impossibility would be attempting to buy stolen goods when in fact the goods have not been stolen.

Question 74

Most state statutes on criminal conspiracy have replaced the "bilateral approach" with the _____.

Question 75

Some conspiracy statutes require evidence of an overt act by one of the co-conspirators. Discuss the justification for such a requirement. Give an example of the type of case where an overt act might not be required.

Question 76

Explain how criminal law would consider certain acts illegal even though the crime itself has not yet been completed or is still in the planning stages.

Question 77

Describe the crime of solicitation and give examples of solicitation crimes. Explain how corroboration requirements are used in solicitation statutes.

Question 78

For most __________ liability crimes, a person cannot be convicted of attempt.

Question 79

The US Supreme Court has stated that the essence of the crime of conspiracy is the ____________ to commit a crime.

Question 80

An example of ___________ impossibility would be trying to pick a pocket that is empty.