Deck 6: Incohate and Organized Crime

Question 1

Solicitation is considered a nearly harmless crime in all but a few jurisdictions.

Answer 1

True

Question 2

Solicitation merges with the completed substantive crime.

Answer 2

True

Question 3

Most states use the last proximate act test for attempt actus reus.

Answer 3

False

Question 4

There is no actus reus in conspiracy.

Question 5

Specific intent is usually required in attempt.

Question 6

If one person makes separate agreements to help two different parties commit two separate crimes,only one conspiracy takes place.

Question 7

.Knowledge is not enough to establish intent in conspiracy.

Question 8

The most effective defense against a charge of attempt is

A)voluntary abandonment
B)involuntary abandonment
C)legal impossibility
D)factual impossibility

Question 9

Inchoate crimes are always given a lesser grade and degree than the completed offense.

Question 10

The case that criminalized attempt in England in 1784 was

A)Regina v.Eagleton
B)Rex v.Scofield
C)Thacker v.Collins
D)Johnson v Scott

Question 11

A statute that targets dangerous persons is likely to require a less substantial step toward the completion of a crime than a statute that targets dangerous conduct.

Question 12

Voluntary abandonment is most likely to be accepted as a defense to attempt

A)when there are least stringent standards of actus reus
B)when police stop the crime before it is committed
C)when a crime is dangerously close to being committed
D)in most states

Question 13

Impossibility is a defense to conspiracy.

Question 14

The Model Penal Code's proximity test for actus reus in attempt is

A)seldom used in state law
B)indispensable step
C)substantial step
D)dangerous proximity

Question 15

If two parties,unknown to each other,agree to work toward the same criminal objectives with one central person,only one conspiracy takes place.

Question 16

Defenses unique to inchoate crimes include

A)self-defense
B)abandonment
C)insanity
D)duress

Question 17

Conspiracy is the same as aiding and abetting.

Question 18

Hearsay testimony by a co-conspirator is allowed because co-conspirators are considered agents of each other.

Question 19

Impossibility of completing the crime is a good defense to an attempt charge.

Question 20

Conspiracy does not merge with the completed crime.

Question 21

Laws against criminal gangs

A)are too vague to be constitutional
B)are usually patterned after RICO statutes
C)are upheld when they prohibit specific behavior
D)criminalize tattoos

Question 22

Joyce offers Ben $10,000 to kill her husband.(a)For what crime should she be charged?
(b)If Ben accepts?
(c)If Ben is an undercover police officer?

Question 23

The actus reus of solicitation is

A)an agreement
B)an overt act
C)words of inducement
D)there is no actus reus in solicitation

Question 24

Failure is an element of both

A)attempt and CCE
B)conspiracy and solicitation
C)solicitation and attempt
D)conspiracy and RICO

Question 25

To be convicted of conspiracy,a defendant must

A)enter into an agreement with each conspirator
B)intend to break the law
C)commit an overt act
D)have knowledge of an overt act by a co-conspirator

Question 26

Abandonment as a defense to conspiracy

A)is rejected by the Model Penal Code
B)is rejected by most courts
C)is accomplished by not participating in any objective crimes
D)is never accepted

Question 27

What are the elements of a RICO conspiracy?

Question 28

Fred intends to break into a house across town and take some jewelry.He is apprehended at midnight driving toward the house with a lock pick,a crowbar,and a glass cutter in his car.(a)For what crime should he be charged? (b)If he discovers the lock pick doesn't work and is apprehended on his way to the car to get the glass cutter? (c)If he manages to force the door open a few inches and reaches inside?

Question 29

A family who puts pictures of ghosts around the perimeter of its property with the intent of scaring passersby to death are most likely to be charged with

A)attempt
B)conspiracy
C)solicitation
D)nothing

Question 30

George's two brothers were with him when he robbed a convenience store.From that evidence alone,should the brothers be charged with conspiracy? Why or why not?

Question 31

What is the rationale behind the prosecution of inchoate crimes? What compensates for the lack of actual harm?

Question 32

A pattern of racketeering is established by

A)two or more overt acts within 10 years
B)two or more predicate offenses within 10 years
C)a series of offenses,including at least one felony
D)participation by at least five persons

Question 33

The overt act requirement for conspiracy is

A)usually dropped in most states if the object of the crime is a serious felony
B)usually dropped in most states if the object of the crime is a misdemeanor
C)recommended by the Model Penal Code for all crimes
D)the most important element of conspiracy

Question 34

A conspiracy continues

A)as long as conspirators are in agreement to commit an unlawful act
B)until police defeat the object of the conspiracy
C)until the first act in furtherance of the conspiracy is completed
D)up to the arrest of the first conspirator

Question 35

Wharton's Rule requires

A)at least three people to be involved in a conspiracy charge
B)at least three overt acts for a conspiracy charge
C)at least three people to be involved in a charge of conspiracy to commit bribery
D)separate charges of conspiracy for each crime committed

Question 36

In Case III,is the battery of Lacey Rude a foreseeable consequence of the Legrise gang's plan? What if Cat Bermuda has a gun (unknown to the others)and uses it to shoot Sissy McGuire,a guest of Mayor Chen who had once stolen Cat's date to the prom? What is the liability of the rest of the gang in each of these offenses?

Question 37

What is the last conspirator defense and how is it changing?