Deck 4: Inchoate or Participatory Crimes

Question 1

Preparatory crimes are also known as:

A) substantive crimes.
B) inchoate crimes.
C) incomplete crimes.
D) anticipatory crimes.

Answer 1

inchoate crimes.

Question 2

The justification for prohibiting inchoate crime is:

A) to punish wrongdoers for violating statutory laws.
B) to prevent preparatory crimes by punishing wrongdoers.
C) to prevent persons from committing substantive crimes that is the object of the inchoate crime.
D) Both B and C.

Answer 2

to prevent persons from committing substantive crimes that is the object of the inchoate crime.

Question 3

The most common hidden anticipatory crimes include:

A) Burglary
B) Possession of burglary tools
C) Possession of counterfeit dies.
D) All of the above

Answer 3

All of the above

Question 4

The MPC in defining the crime of attempt focuses on which of the following?

A) Lying in victim's conduct.
B) Location of the crime.
C) Defendant's intent.
D) Defendant's conduct.

Question 5

The intent to commit the crime of attempt includes which of the following types of intent?

A) Intent to commit the act or cause the result constituting the crime and intent necessary to commit the substantive crime.
B) Intent to commit the substantive crime and specific intent to commit the crime of attempt.
C) Intent to commit the act or cause the result constituting the crime and intent to commit any other act in furtherance of the crime.
D) None of the above

Question 6

List the approaches to the act/conduct element of the crime of attempt.

A) Preparation vs. perpetration test, the probable distance test and the ALI test.
B) The ALI test, the perpetration test, and the completion test.
C) The multiple choice test vs. the true-false test.
D) The preparation vs. perpetration test, the probable distance test, and the MPC test.

Question 7

The crime of solicitation is composed of which of the following elements?

A) The intent that another party commit the crime.
B) Lying in wait or following the victim.
C) Asking, encouraging, or soliciting another to commit the crime.
D) Both A and C.

Question 8

What is the intent necessary for the crime of solicitation?

A) Specific intent that another commit a crime.
B) Criminal intent that another commit a crime.
C) General intent that another commit a crime.
D) Constructive intent that another commit a crime.

Question 9

The crime of solicitation is complete when:

A) With the necessary intent, the defendant asks, counsels, urges, or requests another to commit the crime.
B) The person who has been requested to commit the substantive offense accepts the offer to do so.
C) The person who has been requested to commit the substantive offense completes that act.
D) Both A and B.

Question 10

Which of the following is true regarding the crime of solicitation?

A) The crime is complete when the other party hears but fails to act upon the solicitation.
B) The crime is complete even if the defendant fails to effectively communicate the solicitation to the other party.
C) The crime is complete when the other party hears and acts the solicitation.
D) The crime is complete when the other party hears the solicitation.

Question 11

Which of the following is true regarding the crime of solicitation?

A) A party may not be convicted of the crime if he is asking the other party to commit a legal act.
B) It requires an overt act for the crime to be complete.
C) The crime is complete when the other party hears the solicitation.
D) Both A and B.

Question 12

The MPC allows withdrawal as a defense to the crime of solicitation under what circumstances?

A) When the defendant informs the victim of his efforts.
B) When the defendant has not taken a substantial step toward the commission of the
Crime.
C) When it is complete and voluntary.
D) When the substantive offense fails.

Question 13

The Victim was walking down the street when she was stopped and restrained by defendant 1. Defendant 2 took the victim's wallet from her pocket. Can the defendants be charged with conspiracy?

A) No, since there is no independent evidence that the defendants reached an agreement to commit a crime.
B) Yes, since an agreement may be implied from the fact that the defendants acted jointly in carrying out the crime.
C) Yes, since they both committed the crime of robbery.
D) Yes, since the victim can identify both of them.

Question 14

There were five defendants charged with the crime of conspiracy. Four of them were acquitted in previous trials. Using the MPC rule, may the last remaining defendant be convicted of the crime of conspiracy?

A) No, since a conspiracy requires an agreement and the other defendants were found not guilty.
B) Yes, the MPC would allow for a conviction under these circumstances.
C) Yes, since the other defendants can now be compelled to testify against this defendant.
D) No, but he may be found guilty of the crime of attempt.

Question 15

One who withdraws after encouraging or assisting in the commission of a crime may escape liability if he or she:

A) renounces the other principals.
B) turns state evidence at the trial of the other principals.
C) withdraws before the crime is complete.
D) withdraws after the commission of the crime, but before the principals leave the scene of the crime.

Question 16

Jane was at the local college bar sitting with other members of her Criminal Law class. The other members decided they were going to commit the crime of burglary on the college administration building. Jane listened to all the comments, but did not join in the conversation. As a result of her conduct, she was aware that a burglary was about to take place. What, if any, crime has she committed?

A) Conspiracy.
B) Accessory.
C) Solicitation.
D) None of the above.

Question 17

The defendants were armed and planning to rob a payroll carrier. They were searching for the contemplated victim when they were arrested. What, if any, crimes have they committed?

A) Accessory.
B) Attempted robbery.
C) Solicitation.
D) None of the above

Question 18

Ned had a running dispute with his next door neighbor, Sam. Ned decided to kill Sam by having a hired killer shoot him. Ned arranged to meet the killer in a movie theater and offered him $10,000 if he would shoot Sam. Unfortunately, because the movie was an action thriller, the killer did not hear Ned's offer. What crimes, if any, has Ned committed?

A) Solicitation.
B) Attempted murder.
C) Accessory.
D) None of the above

Question 19

John and Judy were classmates and lived together. Judy was in love with John. John came home late one evening and told Judy that he had just stolen $5,000 from work. John asked to use Judy's car to flee to Mexico. Judy agreed and John fled the jurisdiction of the state. Judy was arrested several days later. What crimes, if any, has Judy committed?

A) Accessory.
B) Accomplice.
C) Solicitation
D) None of the above

Question 20

Which of the following is not a substantive crime?

A) Attempt.
B) Solicitation.
C) Conspiracy.
D) Accomplices/Accessories.

Question 21

When may inchoate crimes be merged?

A) When the crimes arise out of the same incident.
B) When directed in the commission of the same crime.
C) When they arise from conduct directed to the commission of the same crime.
D) Both B and C.

Question 22

The common law concept of "open deed" refers to what?

A) Attempting the crime.
B) An act which relates to the crime.
C) A substantial step towards completing the crime.
D) Intent to violate a criminal statute.

Question 23

An agreement to commit a crime with another person is:

A) sufficient under the MPC to charge a person with conspiracy.
B) insufficient according to the MPC to charge a person with conspiracy.
C) only one of the three elements of the MPC's definition of conspiracy.
D) an element of the definition of accessory.

Question 24

Accessories to a crime are considered by most states to be:

A) parties to the substantive crime.
B) separate from the major crime with a somewhat lesser punishment.
C) guilty of being accomplices as well.
D) punishable as co-conspirators to the crime.

Question 25

Unlike attempt, solicitation and conspiracy require what?

A) A larger emphasis on planning.
B) The use of accomplices or accessories.
C) The defendant must disclose their thoughts to another person.
D) The use of the MPC to define them.

Question 26

The crime of attempt consists of a general intent to commit a substantive crime coupled with an act in furtherance of that intent which goes beyond mere preparation.

Question 27

The MPC view of attempt requires that the defendant purposely do or omit to do anything which is a substantial step in the course of conduct planned to culminate in his commission of the crime.

Question 28

A defendant may be found guilty of the crime of attempt even it was factually impossible for him or her to commit the crime.

Question 29

The crime of solicitation consists of asking, encouraging, or soliciting another to commit a crime with the intent that the substantive offense will be committed by the other person.

Question 30

Basically, the crime of solicitation punishes spoken words coupled with criminal intent.

Question 31

The crime of conspiracy is an agreement between two or more parties for the purpose of achieving an unlawful objective or a lawful objective by unlawful means where one of the parties to the conspiracy commits an overt act.

Question 32

Presence at a meeting where others agree to commit the crime of conspiracy makes that person a member of the conspiracy.

Question 33

The conspiracy lasts until all of the objectives of the conspiracy are completed.

Question 34

A private citizen, John Q. Public, saw an armed robbery of a local convenience store. Mr. Public had a car phone in his car, but he failed to report the crime to the police with the result that the robbers escaping with $20,000. Mr. Public is liable as an accessory.

Question 35

Failed or incomplete crimes are not considered dangerous.

Question 36

Attempt is a specific intent crime.

Question 37

Under the Model Penal Code, the "substantial step" is an essential element of all attempt crimes.

Question 38

In defending the crime of attempted theft when the defendant steals something that is being given away (i.e., it is free), your best attempt defense is going to be factual impossibility.

Question 39

The crime of solicitation is based upon the solicitating party's intent, and not the receiving party's understanding.

Question 40

The Model Penal Code allows the defense of withdrawal for solicitation where the solicitating party withdraws the solicitation once they learn law enforcement is aware of the planned criminal activity.

Question 41

Conspiracy is a specific intent crime between two or more persons, who are thinking about committing a crime.

Question 42

A person may be an accomplice where they have the duty to prevent a crime, and they fail to do so.

Question 43

An accessory must assist the criminal after the crime has been committed.

Question 44

A key to determining inchoate or anticipatory crimes is examining the acts and facts surrounding the criminal activity.

Question 45

The intent to violate a federal criminal statute is punishable as attempt.

Question 46

Attempt may be considered an overt act and an intent.

Question 47

Conspiracy does not require the commission of an overt act.

Question 48

Knowledge and approval of the commission of a crime is enough to charge a person with conspiracy.

Question 49

The Model Penal Code rejected the common law definition of conspiracy, which was defined as an agreement to commit any act violating public health or morals.

Question 50

Aiding and abetting a criminal is the same as being an accessory.

Question 51

An accomplice is the same as an accessory.

Question 52

Inchoate crimes, also called preparatory or ___ crimes,

Question 53

The most common inchoate or anticipatory crimes are attempts, solicitation, and ___.

Question 54

Attempt is a __ intent to commit a substantive crime, coupled with an act in furtherance of the intent.

Question 55

___ consists of asking or encouraging another person to commit a crime, with the intent that the substantive crime will be committed by the other person.

Question 56

An agreement between two or more parties for the purpose of achieving an unlawful objective constitutes ___.

Question 57

An ___ is one who promotes another to commit a crime.

Question 58

An ___ is one who, after the offense has been committed, assists the perpetrator in escaping justice.
Persons who "aid and abet" others in the commission

Question 59

The ___ does away with the common law distinction between principal and accessory before the fact.

Question 60

Accessory classification applies to specific efforts to hinder the ___, prosecution, conviction, or punishment of another.

Question 61

To be guilty of the crime of accessory, it must be proved that a ___ has been committed.

Question 62

The crime of attempt can be committed by one person, while __ requires at least two persons.

Question 63

Asking someone to commit a crime constitutes the crime of ___.

Question 64

An ___ is one who is involved before or during the commission of the substantive offense.

Question 65

The crime of ___ is completed even if the defendant fails to communicate the request to commit a crime to another party effectively.

Question 66

The crime of attempt has two basic elements, the intent and an ___ to carry out the intent.

Question 67

Match words with associated meaning, concepts, issues or principles

-Committing an act with the intent to commit a substantive crime.

A) conspiracy
B) legal impossibly
C) mistake of fact
D) attempt
E) substantive offense
F) specific intent
G) burglary
H) inchoate crimes
I) accessory
J) parties to the substantive crime.

Question 68

Match words with associated meaning, concepts, issues or principles

-Intent required for the crime of attempt.

A) conspiracy
B) legal impossibly
C) mistake of fact
D) attempt
E) substantive offense
F) specific intent
G) burglary
H) inchoate crimes
I) accessory
J) parties to the substantive crime.

Question 69

Match words with associated meaning, concepts, issues or principles

-An agreement between at least two people to commit a crime.

A) conspiracy
B) legal impossibly
C) mistake of fact
D) attempt
E) substantive offense
F) specific intent
G) burglary
H) inchoate crimes
I) accessory
J) parties to the substantive crime.

Question 70

Match words with associated meaning, concepts, issues or principles

-Under common law accessories after the fact were considered as

A) conspiracy
B) legal impossibly
C) mistake of fact
D) attempt
E) substantive offense
F) specific intent
G) burglary
H) inchoate crimes
I) accessory
J) parties to the substantive crime.

Question 71

Match words with associated meaning, concepts, issues or principles

-Aiding a person to commit a crime.

A) conspiracy
B) legal impossibly
C) mistake of fact
D) attempt
E) substantive offense
F) specific intent
G) burglary
H) inchoate crimes
I) accessory
J) parties to the substantive crime.

Question 72

Match words with associated meaning, concepts, issues or principles

-A mistake that operates as a defense to crime of attempt.

A) conspiracy
B) legal impossibly
C) mistake of fact
D) attempt
E) substantive offense
F) specific intent
G) burglary
H) inchoate crimes
I) accessory
J) parties to the substantive crime.

Question 73

Match words with associated meaning, concepts, issues or principles

-A mistake which does not constitute a defense to crime of attempt.

A) conspiracy
B) legal impossibly
C) mistake of fact
D) attempt
E) substantive offense
F) specific intent
G) burglary
H) inchoate crimes
I) accessory
J) parties to the substantive crime.

Question 74

Match words with associated meaning, concepts, issues or principles

-A hidden anticipatory crime

A) conspiracy
B) legal impossibly
C) mistake of fact
D) attempt
E) substantive offense
F) specific intent
G) burglary
H) inchoate crimes
I) accessory
J) parties to the substantive crime.

Question 75

Match words with associated meaning, concepts, issues or principles

-Another term for anticipatory crime

A) conspiracy
B) legal impossibly
C) mistake of fact
D) attempt
E) substantive offense
F) specific intent
G) burglary
H) inchoate crimes
I) accessory
J) parties to the substantive crime.

Question 76

Match words with associated meaning, concepts, issues or principles

-The objective of an attempt.

A) conspiracy
B) legal impossibly
C) mistake of fact
D) attempt
E) substantive offense
F) specific intent
G) burglary
H) inchoate crimes
I) accessory
J) parties to the substantive crime.

Question 77

What are the elements of the crime of attempt?

Question 78

Define the term inchoate crimes.

Question 79

Discuss the justifications for making inchoate crimes criminal.

Question 80

Explain the probable distance test regarding the crime of attempt?