Deck 7: Inchoate Crimes

Question 1

Which is NOT a primary inchoate crime?

A) Attempt.
B) Conspiracy.
C) Solicitation.
D) Scheme.

Answer 1

Scheme.

Question 2

Which element of attempt to commit a crime shows mens rea?

A) Intent to Commit a Crime.
B) An Overt Action toward Commission of a Crime.
C) Failure of Consummation of a Crime.
D) Apparent Possibility of Commission of a Crime.

Answer 2

Intent to Commit a Crime.

Question 3

In regards to the mens rea of attempt, to intend the ________ means the offender must intend to commit some sort of overt act toward completion of the offense.

A) Act.
B) Result.
C) Deed.
D) Outcome.

Answer 3

Act.

Question 4

This test, used for gauging the presence of actus reus in attempt crimes, looks at the likelihood of the offender stopping once the wheels have been set in motion.

A) The "Last Act" Test.
B) The "Physical Proximity" Test.
C) The "Probable Desistance" Test.
D) The "Dangerous Proximity" Test.

Question 5

This test, used for gauging the presence of actus reus in attempt crimes, holds that attempt occurs when it is no longer ambiguous to an ordinary person what the would-be offender intends.

A) The "Unequivocally" Test.
B) The "Probable Desistance" Test.
C) The "Dangerous Proximity" Test.
D) The "Indispensable Element" Test.

Question 6

Which does NOT exist within a legal impossibility?

A) The Motive, Desire, and Expectation not to Perform an Act in Violation of the Law.
B) There is Intention to Perform a Physical Act.
C) There is a Performance of the Intended Physical Act.
D) The Consequence Resulting from the Intended Act does not Amount to a Crime.

Question 7

This defense is a defense to a crime of attempt in which the means the defendant employs to complete the crime are completely implausible and inappropriate.

A) Insanity Defense.
B) Inherent Impossibility Defense.
C) Entrapment Defense.
D) Abandonment Defense.

Question 8

This is when two or more offenders work together and actually commit a criminal act.

A) Complicity.
B) Conspiracy.
C) Collusion.
D) Consent.

Question 9

An out-of-court statement offered as evidence for the truth of the matter asserted is known as:

A) An Overt Act.
B) Hearsay.
C) Bootstrapping.
D) The Pinkerton Rule.

Question 10

This type of large-scale conspiracy is one in which one central actor has control of all of the aspects of the conspiracy, while the other members of the conspiracy have control of only one aspect.

A) Chain Conspiracy.
B) Spoke and Wheel Conspiracy.
C) Wheel and Chain Conspiracy.
D) Spoke Conspiracy.

Question 11

This type of large-scale conspiracy is one in which the individuals at one end of the conspiracy are not aware of the individuals at the other end.

A) Chain Conspiracy.
B) Spoke and Wheel Conspiracy.
C) Wheel and Chain Conspiracy.
D) Spoke Conspiracy.

Question 12

This defense to conspiracy provides that a conspiracy cannot occur when two persons are required for the commission of a crime.

A) Abandonment.
B) Withdrawal.
C) Impossibility.
D) Wharton's Rule.

Question 13

This is an inchoate offense that occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime.

A) Conspiracy.
B) Complicity.
C) Solicitation.
D) Bootstrapping.

Question 14

The ________ element of solicitation occurs when another person entices, advises, incites, orders, or otherwise encourages another to commit a crime.

A) Malum in se.
B) Malum prohibitum.
C) Mens rea.
D) Actus reus.

Question 15

If Leroy offers Bubba $100 and says, "I'll let you keep this if you blow up Cletus's trailer,"then he has satisfied the ________ element of solicitation.

A) Malum in se.
B) Malum prohibitum.
C) Mens rea.
D) Actus reus.

Question 16

A prison inmate sent letters to his wife on the outside, soliciting various criminal activities. This case determined there was no evidence the letters actually reached his wife, so the inmate could not be convicted of solicitation.

A) Krulewitch v. United States.
B) Braverman v. United States.
C) United States v. Schiro.
D) State v. Cotton.

Question 17

An agreement to commit a crime is known as a(n):

A) Solicitation.
B) Conspiracy.
C) Attempt.
D) Scheme.

Question 18

Inchoate crimes are offenses in themselves.

Question 19

There is no crime of attempt that is not linked to some other substantive crime.

Question 20

One can be guilty of both attempt and the completed crime.

Question 21

There is one uniformly accepted definition of actus reus for the crime of attempt.

Question 22

Most courts do not recognize a defense of abandonment in the attempt context.

Question 23

Complicity could evolve into conspiracy.

Question 24

A defendant cannot be charged both with the crime of conspiracy and the completed offense.

Question 25

All states recognize the corrupt motives doctrine.

Question 26

The courts are quite rigid in terms of the evidence that can be used to prove the existence of an agreement to commit a crime.

Question 27

The hallmark of a chain conspiracy is a linear connection in time, which is typically seen in large-scale illegal drug cases.

Question 28

Solicitation has no requirement that the crime actually be completed.

Question 29

Conspiracy is an offer to commit a crime.

Question 30

Solicitation requires that the solicitor hires someone to commit a crime and that money changes hands.

Question 31

Solicitation has no "overt act"requirement.

Question 32

A person can be convicted of a(n) ________ crime even if he does not actually complete the crime he intended to commit.

Question 33

If a jury were to convict an offender of both attempt and the completed crime, the ________ Amendment's double jeopardy provision would be violated because it is unconstitutional to punish a person twice for the same offense.

Question 34

There are two defenses that are unique to attempt: impossibility and ________.

Question 35

Conspiracy is a(n) ________ to commit a crime, typically combined with some overt act in furtherance of that agreement.

Question 36

The rule that complicity cases are distinct from conspiracy cases is known as the ________ rule.

Question 37

The ________ conspiracy is a type of large-scale conspiracy in which the individuals at one end of the conspiracy are not aware of the individuals at the other end.

Question 38

The ________ conspiracy defense can be used when the defendants have not committed a crime, even though they think they have.

Question 39

An offer to commit a crime is a(n) ________.

Question 40

In general, solicitation is a(n) ________ conspiracy.

Question 41

Words Commanding or Urging the Commission of a Crime + Specific Intent = ________.

Question 42

Match the various tests for the Actus Reus of attempt with its explanation.

-Last Act

A) The offender committed the last act necessary to complete the target crime.
B) It is unlikely the offender will stop his activities towards commission of the crime.
C) A normal law abiding citizen views the offender's actions as criminal.
D) The offender's conduct is in "dangerous proximity to success."
E) The offender is "nearly able" to complete the crime.
F) Offender takes a substantial step that corroborates the criminal purpose.
G) The offender has control of everything necessary to complete the crime.

Question 43

Match the various tests for the Actus Reus of attempt with its explanation.

-Physical Proximity

A) The offender committed the last act necessary to complete the target crime.
B) It is unlikely the offender will stop his activities towards commission of the crime.
C) A normal law abiding citizen views the offender's actions as criminal.
D) The offender's conduct is in "dangerous proximity to success."
E) The offender is "nearly able" to complete the crime.
F) Offender takes a substantial step that corroborates the criminal purpose.
G) The offender has control of everything necessary to complete the crime.

Question 44

Match the various tests for the Actus Reus of attempt with its explanation.

-Dangerous Proximity

A) The offender committed the last act necessary to complete the target crime.
B) It is unlikely the offender will stop his activities towards commission of the crime.
C) A normal law abiding citizen views the offender's actions as criminal.
D) The offender's conduct is in "dangerous proximity to success."
E) The offender is "nearly able" to complete the crime.
F) Offender takes a substantial step that corroborates the criminal purpose.
G) The offender has control of everything necessary to complete the crime.

Question 45

Match the various tests for the Actus Reus of attempt with its explanation.

-Indispensable Element

A) The offender committed the last act necessary to complete the target crime.
B) It is unlikely the offender will stop his activities towards commission of the crime.
C) A normal law abiding citizen views the offender's actions as criminal.
D) The offender's conduct is in "dangerous proximity to success."
E) The offender is "nearly able" to complete the crime.
F) Offender takes a substantial step that corroborates the criminal purpose.
G) The offender has control of everything necessary to complete the crime.

Question 46

Match the various tests for the Actus Reus of attempt with its explanation.

-Probable Desistance

A) The offender committed the last act necessary to complete the target crime.
B) It is unlikely the offender will stop his activities towards commission of the crime.
C) A normal law abiding citizen views the offender's actions as criminal.
D) The offender's conduct is in "dangerous proximity to success."
E) The offender is "nearly able" to complete the crime.
F) Offender takes a substantial step that corroborates the criminal purpose.
G) The offender has control of everything necessary to complete the crime.

Question 47

Match the various tests for the Actus Reus of attempt with its explanation.

-Unequivocality

A) The offender committed the last act necessary to complete the target crime.
B) It is unlikely the offender will stop his activities towards commission of the crime.
C) A normal law abiding citizen views the offender's actions as criminal.
D) The offender's conduct is in "dangerous proximity to success."
E) The offender is "nearly able" to complete the crime.
F) Offender takes a substantial step that corroborates the criminal purpose.
G) The offender has control of everything necessary to complete the crime.

Question 48

Match the various tests for the Actus Reus of attempt with its explanation.

-Modern Penal Code Substantial Step

A) The offender committed the last act necessary to complete the target crime.
B) It is unlikely the offender will stop his activities towards commission of the crime.
C) A normal law abiding citizen views the offender's actions as criminal.
D) The offender's conduct is in "dangerous proximity to success."
E) The offender is "nearly able" to complete the crime.
F) Offender takes a substantial step that corroborates the criminal purpose.
G) The offender has control of everything necessary to complete the crime.

Question 49

Match each conspiracy defense with its explanation.

-Abandonment

A) They have not committed a crime, even though they think they have.
B) A conspiracy cannot occur when two persons are required for the commission of a crime.
C) The Modern Penal Code calls this defense renunciation.
D) Requires that the defendant either advise his co-conspirators that he is no longer involved in it or inform police about the conspiracy.

Question 50

Match each conspiracy defense with its explanation.

-Impossibility

A) They have not committed a crime, even though they think they have.
B) A conspiracy cannot occur when two persons are required for the commission of a crime.
C) The Modern Penal Code calls this defense renunciation.
D) Requires that the defendant either advise his co-conspirators that he is no longer involved in it or inform police about the conspiracy.

Question 51

Match each conspiracy defense with its explanation.

-Withdrawal

A) They have not committed a crime, even though they think they have.
B) A conspiracy cannot occur when two persons are required for the commission of a crime.
C) The Modern Penal Code calls this defense renunciation.
D) Requires that the defendant either advise his co-conspirators that he is no longer involved in it or inform police about the conspiracy.

Question 52

Match each conspiracy defense with its explanation.

-Wharton's Rule

A) They have not committed a crime, even though they think they have.
B) A conspiracy cannot occur when two persons are required for the commission of a crime.
C) The Modern Penal Code calls this defense renunciation.
D) Requires that the defendant either advise his co-conspirators that he is no longer involved in it or inform police about the conspiracy.

Question 53

Identify and explain the four elements of an attempt to commit a crime.

Question 54

Identify and explain the four defenses to conspiracy.

Question 55

What is solicitation, and how does it differ from conspiracy and attempt?

Question 56

Joseph is a member of the notorious Crips gang, while Walter is a member of the Aryan Brotherhood. These two organizations are often engaged in violent confrontations, often motivated by racial hatred. One evening, Joseph enters an area of the city within the control of the Aryan Brotherhood and is attacked by Walter. Joseph survives the encounter but is severely beaten. Joseph suffers a broken nose, a broken jaw, severe facial lacerations, and internal bleeding. The prosecutor wants to charge Walter with battery and attempted murder. Walter is challenging the attempted murder charge, claiming that he only wanted "to teach Joseph a lesson"about trespassing on the Brotherhood's land and that he never intended to kill him. Is Walter guilty of attempted murder? Why or why not?

Question 57

The Bottoccellis, an Italian Mafia "family"in Chicago, are involved in a number of criminal enterprises. As part of tradition, it is generally understood that all relatives have an obligation to help the "family"whenever possible. Mario is the 18-year-old nephew of the Mafia boss. He has never discussed any illegal activity directly with his uncle or any other member of the family. One evening, however, a family member is arrested for dealing cocaine. In response, Mario bribes the arresting officer to release his relative and dispose of the evidence against him. The prosecutor believes Mario acted in agreement with other family members and wants to charge Mario with both bribery and conspiracy to commit bribery. Is Mario guilty of conspiracy? Why or why not?