Deck 14: Preparatory Offenses and Organized Criminal Activity

Question 1

The existence of a "criminal combination" is a required element that must be proven in which of the following offenses?

A)aggravated promotion of gambling
B)engaging in organized crime
C)promotion of prostitution
D)manufacture of a controlled substance

Answer 1

B

Question 2

Vito is the leader of a group of thugs who are involved in a wide range of criminal activity ranging from drug sales to trafficking in stolen goods.One day,Vito tells gang member Michael,"Our rival gang is bringing in a load of cocaine tonight.I want you and the other boys to go steal it.Don't get anyone hurt." In response to Vito's directions Michael,Tom,and Sonny lay a trap for the rival gang.When the rival gang members show up with the cocaine,Michael,Tom,and Sonny surprise them.Without warning,Sonny starts shooting.He kills each of the rival gang members.The three depart with the cocaine.When they report back to Vito he says,"I told you not to hurt anyone." Relative to the murder of the rival gang members:

A)Vito can be held criminally responsible for their deaths because of the Pinkerton Rule.
B)only Sonny can be held criminally responsible for their deaths because he acted on his own initiative.
C)Michael,Tom,and Sonny,but not Vito,can be held criminally responsible for the deaths because they were present at the scene.
D)Vito has committed criminal solicitation but no other offense.

Answer 2

A

Question 3

Vic is the leader of an outlaw motorcycle gang.The gang earns money primarily through the production and sale of various illicit drugs.Vic,however,never goes to where the drugs are made and is never present when a drug sale is made.He remains at the gang's headquarters and processes the revenue earned from the sales.Under Texas law,however,Vic may be lawfully convicted of the manufacture and sale of unlawful drugs through application of the legal principle known as:

A)Wharton's Rule.
B)the rule against perpetuities.
C)the Oak & Acorn Rule.
D)the Pinkerton Rule.

Answer 3

D

Question 4

The legal phrase "criminal combination" is most associated with which of the following criminal activities?

A)engaging in organized crime
B)"cracking" a safe
C)operating an automobile "chop shop"
D)operating a house of prostitution

Question 5

Barry is driving while intoxicated.His vehicle is weaving from one side of the street to the other.As he approaches Main Street,the traffic signal turns red.John begins to cross the street.Barry,oblivious to the red signal,drives into the intersection.John sees the vehicle and jumps out of the way,just in time to avoid any injury.Barry has committed:

A)criminal attempt (intoxication manslaughter).
B)criminal attempt (deadly conduct).
C)criminal attempt (aggravated assault).
D)none of the above because Barry lacks the specific intent to injure John.

Question 6

Jason and three friends are playing poker.Jason believes one of the friends,Brett,is cheating.Jason draws a pistol and begins chasing Brett around the room,firing several shots in his direction.None of the shots hit Brett.Neighbors hearing the noise contact the police.When the police arrive,Jason is out of ammunition and Brett is terrified.Jason has committed:

A)criminal attempt (murder).
B)criminal attempt (disorderly conduct).
C)criminal attempt (reckless conduct).
D)none of the above because he did not injure Brett.

Question 7

Ralph is suffering from significant financial problems.To try and obtain cash,Ralph decides to burglarize the local fast food restaurant where he previously worked.Ralph knows that the owner only takes the restaurant's receipts to the bank every few days,often leaving several hundred dollars overnight in the cash register.So,late one night Ralph dresses in dark clothing and drives to the closed restaurant.He exits his car carrying a flashlight and prybar.Upon approaching the back door of the restaurant Ralph says to himself,"What am I doing? I'm no thief." He abandons his plan and returns to his car and drives back home.However,the next morning the restaurant owner views the previous night's video surveillance tape and observes Ralph's conduct.The owner reports the incident to the police.Ralph is subsequently arrested and charged with criminal attempt (burglary).Which of the following legal defenses might Ralph reasonably raise at his trial?

A)renunciation
B)reconciliation
C)recapitulation
D)reevaluation

Question 8

Bob and Rob are sitting in a tavern drinking.They are discussing the recent hike in the sales tax.Bob says to Rob,"Those scoundrels in Austin are only interested in getting re-elected.We should teach them that the public still controls this state,not them." Rob responds,"You're right.We ought to burn down the Capitol.That will show them." Bob says,"I agree.A little barbeque in Austin would get their attention." The conversation is overheard by an off-duty police officer.Bob and Rob have committed:

A)criminal conspiracy (arson).
B)criminal attempt (arson).
C)criminal solicitation (arson).
D)no offense yet.

Question 9

Texas law contains several statutes directed toward punishing organized criminal activity.One such statute creates a separate felony offense for individuals who work together to profit from a variety of serious felonies.This statute,titled "engaging in organized crime," focuses on "criminal combinations." Such a "criminal combination" requires:

A)all participants to have previous felony convictions.
B)two or more participants to gain at least a $100,000 benefit from the illicit activities.
C)consorted criminal activity for over one year conducted by five or more individuals in consort with each other.
D)at least three participants collaborating in the prohibited criminal activity.

Question 10

Ken places a $100,000 bet on the outcome of the national college football championship game with Ted,a well-known bookmaker.Ken loses the wager.Jeremy,a police officer assigned to the vice squad,learns of the illegal wager.If Jeremy decides to file criminal charges against Ken and Ted,Jeremy should remember that:

A)the Holloway Rule will prevent Ken from being convicted of illegal gambling.
B)Jacob's Theory will prevent Ted from being convicted of illegal promotion of gambling.
C)Wharton's Rule will prevent Ken and Ted from being convicted of conspiracy to violate the gambling laws.
D)the Doctrine of Mutual Merger will prevent Ken and Ted from being convicted of any offense related to the wager.

Question 11

Which of the following is a defense to a criminal conspiracy charge?

A)legal impossibility
B)renunciation
C)acquittal of all other members of the conspiracy
D)All of the above are defenses depending of the factual circumstances of the case.

Question 12

Jack goes to a party at his friend Jill's apartment.Over the course of the evening he becomes highly intoxicated.About 2 a.m.the party winds downs and Jack decides to go home.He goes to the apartment parking lot and enters his car.However,before he can place the keys in the ignition,he passes out.An hour later a police officer finds Jack asleep in the front seat of the car.Jack is arrested.Jack can properly be charged and convicted of:

A)criminal attempt (driving while intoxicated).
B)criminal attempt (deadly conduct).
C)criminal attempt (disorderly conduct).
D)none of the above because his conduct does not go beyond mere preparation to commit an offense.

Question 13

Don and Charles own a print shop.Because of computers and home printers their printing business has been slow.Don approaches Charles and says,"Why don't we print our own money? We have the knowledge and equipment to make virtually undetectable counterfeit $100 bills.That way we no longer need customers for our regular printing business." Charles responds,"That's a great idea.We can get rich.I'm in." However,no criminal conspiracy has yet to occur because:

A)no counterfeit money has actually been printed.
B)although Don and Charles have the equipment to print the money,they have not yet acquired suitable paper.
C)no overt act in furtherance of the conspiracy has occurred.
D)Don may simply have been joking about counterfeiting money.

Question 14

Brenda learns that her friend Jean has been having sex with Brenda's husband.Enraged,Brenda,who has a handgun license,goes to Jean's home and confronts her.An argument ensues and Brenda draws her handgun from her purse.She points the pistol at Jean and pulls the trigger.However,the pistol misfires and fails to ignite the cartridge.This gives Jean time to flee and contact the police.Brenda is arrested and charged with criminal attempt (murder).At trial,Brenda's defense is that she could not have murdered Jean because the pistol did not work properly.Under these facts it is likely that:

A)Brenda will be found guilty of criminal attempt (murder).
B)Brenda's defense of factual impossibility will result in an acquittal.
C)Brenda's defense of inherent impossibility will result in an acquittal.
D)Brenda's defense of legal impossibility will result in an acquittal.

Question 15

Brad owes Paul $10,000.Brad has been slow in paying back the debt.Paul is losing patience with Brad.One day Paul says to Terry,"I will give you a $100 to rough up Brad.Maybe that will motivate him to pay me the money he owes me." Terry agrees to the deal and that night encounters Brad in an alley.He strikes Brad in the knee with a baseball bat and says,"Merry Christmas from Paul." Brad's knee cap is shattered and he subsequently undergoes a surgical repair of the knee.Which of the following statements is correct about this incident?

A)Paul committed criminal solicitation when he hired Terry to assault Brad.
B)Terry committed criminal solicitation when he took the $100 and agreed to assault Brad.
C)Paul committed criminal attempt (aggravated assault)as soon as he paid Terry the $100 and gave him directions to "rough up" Brad.
D)None of the above statements is correct about the incident.

Question 16

Late one night the police discover Warren,a known drug abuser,throwing a brick at the window of a closed pharmacy.Warren throws the brick several times before the police intercede.When questioned,Warren admits he was trying to break into the pharmacy to obtain drugs.Unknown to Warren,the pharmacy was equipped with shatter-resistant glass.Warren has committed:

A)criminal conspiracy (burglary)because he engaged in an overt act in furtherance of his efforts to enter the pharmacy.
B)criminal attempt (possession of a controlled substance).
C)no offense due to factual impossibility because it was physically impossible for him to break into the pharmacy.
D)criminal attempt (burglary)because the fact he could not break the glass is no defense.

Question 17

Angelina is unhappy in her marriage to Rod.She has fallen in love with Matt.Angelina tells Matt,"Rod won't give me a divorce.We need to do something about him.I want him dead.Take care of it!" Matt takes the matter in hand.He approaches Pete,an old high school friend of unsavory reputation,about killing Rod.Matt offers Pete $5,000 to commit the murder.Pete agrees and Matt pays him a $2,500 down payment.The next day,however,Pete has a change of heart and flees to Mexico.Which of the following is a correct statement about this situation?

A)Matt has committed criminal attempt (capital murder).
B)Matt and Angelina have committed criminal conspiracy (capital murder).
C)Pete has committed criminal solicitation (capital murder).
D)All of the above are correct.

Question 18

Barry,Joe,and Curly,ex-convicts,decide to do their Christmas shopping early by burglarizing the local discount store.Barry steals a truck while Joe buys an acetylene torch and an ax at the hardware store.About midnight that evening,the three individuals get in the truck and drive to the back of the discount store.Curly begins using the torch to try and cut open the steel door leading to the store's rear storage area.A police officer,on his way to a doughnut shop,sees the light from the torch and arrests the three before they can get the door open.The most serious offenses Joe committed are:

A)criminal conspiracy and criminal renunciation.
B)criminal conspiracy and criminal attempt (burglary).
C)criminal attempt (burglary)and possession of a criminal instrument.
D)criminal attempt (burglary)and criminal solicitation of burglary.

Question 19

Tom,Dick,and Harry agree to burglarize the local bank.Tom visits the bank to determine the type of vault the bank uses.Dick acquires an acetylene torch and other tools to use in the burglary.Harry currently works as an alarm installer and will disable the bank's alarm prior to the burglary.On the night of the burglary,however,Dick changes his mind about participating.He falsely claims to have the flu and remains home.Tom and Harry go to the bank but are apprehended by the police shortly after breaking into the bank building.Which of the following is a correct statement about this incident?

A)Tom,Dick,and Harry have committed criminal conspiracy (burglary).
B)Tom and Harry have committed burglary while Dick has only committed attempted burglary.
C)Dick has the defense of renunciation to a charge of criminal conspiracy.
D)Dick has the defense of factual impossibility to a charge of burglary of the bank since he was not present at the scene.

Question 20

Nikki fears that her brother Ricky,who is charged with DWI,will be convicted.Her concern is understandable since Ricky was arrested after he crashed his car into the side of the police station.When officers went to investigate,they found an obviously intoxicated Ricky sitting in his car holding a bottle of tequila.To help Ricky with his defense,Nikki hires Al to be Ricky's lawyer.At Al's direction,Nikki contacts Assistant District Attorney Jack.She offers Jack $1,000 if he will drop the charges against Ricky.Jack says,"I'll have to think about it.Give me a week." Jack then reports the meeting to the District Attorney.Which of the following is an accurate statement about this situation?

A)Ricky has committed criminal attempt (bribery).
B)Ricky and Nikki have committed criminal solicitation (DWI).
C)Al and Nikki have committed criminal conspiracy (bribery).
D)Jack has committed criminal solicitation (bribery).

Question 21

Voluntary renunciation is a legal defense to charges of both criminal attempt and criminal conspiracy.

Question 22

Rachel asks her brother Carl,"Will you do something for me?" "Anything for you dear sister," Carl responds.Rachel says,"I want you to kill a co-worker of mine so I can take her job." "No way am I killing anybody!" Carl responds."In that case,I will find someone else to handle the job," says Rachel.Concerned that Rachel will indeed find someone to carry out her plan,Carl reports the conversation to the police.Rachel has committed:

A)no offense yet because no one has agreed to murder the co-worker.
B)criminal solicitation because she requested Carl commit a felony of the first degree (murder).
C)no offense because Carl rejected her request to commit a murder.
D)criminal attempt (capital murder)because she attempted to get Carl to commit a murder.

Question 23

For a criminal attempt to occur,the suspect must engage in some act that amounts to more than mere preparation to commit the desired crime but fails to effect its commission.

Question 24

John and Marsha are undergoing a bitter divorce.The process has been long and difficult and it appears to John that the divorce will never become final.He decides to hasten matters along.John contacts Bill,a previously convicted felon,and offers Bill $5,000 to kill Marsha.Bill agrees to kill Marsha.John pays him $2,500 as a down payment for the act.Unknown to John,Bill is an informant for the local sheriff's department and has absolutely no intention of killing Marsha.He immediately reports the entire incident to the sheriff's department.Which of the following statements is correct about this situation?

A)John is guilty of criminal solicitation because he requested Bill commit capital murder.
B)John is not guilty of criminal solicitation because Bill did not actually kill Marsha.
C)John is not guilty of criminal solicitation because Bill had no intention of killing Marsha when he took the down payment.
D)John is guilty of criminal solicitation and attempted capital murder because he believed Bill would carry out the murder.

Question 25

Under Texas law,a husband and wife team who commits a burglary can be convicted of burglary but cannot be convicted of conspiracy to commit burglary because a married couple is treated as one legal person in the eyes of the law.Thus,no conspiracy of two or more persons exists.

Question 26

The legal principle known as Wharton's Rule states that an agreement to commit a particular crime cannot be prosecuted as a conspiracy when the crime is of such a nature as to necessarily require two persons for its commission.

Question 27

Under Texas law,an object does NOT fit the definition of a "criminal instrument" if:

A)it has a legitimate use.
B)it is powered by electricity.
C)it can be operated with one hand.
D)it has wheels.

Question 28

A criminal attempt is distinguished from the actual commission of an offense intended by the lack of a mens rea requirement in proving criminal attempt.

Question 29

The Texas Penal Code does not contain a traditional statute outlawing the possession of burglar tools.Rather,the use of specialized tools for committing a burglary would be a violation of which of the following statutes?

A)possession of contraband equipment
B)illegal possession of instruments of crime
C)misprision of a felony
D)unlawful use of criminal instrument

Question 30

Alice plans to murder Theodore.She buys a pistol and ammunition.At this point she has committed attempted murder regardless of whether she takes additional steps to cause Theodore's death.

Question 31

The legal principle known as the Pinkerton Rule holds all members of a conspiracy legally accountable for the foreseeable criminal acts of the other members.

Question 32

Alvin,Theodore,and Raymond decide to rob a convenience store.They enter the store,demand money,and escape with their loot.They are subsequently identified and arrested.At trial,each of the three could be found guilty of robbery but cannot be found guilty of conspiracy to commit robbery because they successfully completed the intended crime.

Question 33

Under Texas law,a criminal conspiracy requires three or more persons to agree to commit a felony or Class A misdemeanor and at least one of them to commit an overt act in furtherance of that felony.

Question 34

No matter how hard one tries,a person cannot conspire by oneself.

Question 35

Which of the following items constitutes a "criminal instrument" under Texas law?

A)a prybar used by a burglar to gain entry into a residence
B)a pistol discharged by a bandit while robbing a convenience store
C)a sock gag used by a kidnapper to silence the cries of his victim
D)All of the above items are criminal instruments under Texas law.

Question 36

Inherent impossibility is a defense to a charge of criminal attempt.

Question 37

Carlos decides to steal an expensive Italian sports car.He breaks into the vehicle but is unable to start the vehicle due to its high tech ignition disabling system.In fact,once the system initiates,the true owner cannot even start the vehicle with the key.Despite Carlos's efforts he is unable to steal the car.Carlos can NOT be convicted of attempted theft because it was physically impossible for him or anyone else to actually steal the automobile.

Question 38

The plurality requirement renders it impossible to convict a person of criminal conspiracy if all other members of the alleged conspiracy previously have been found not guilty.

Question 39

Under Texas law,the term "criminal combination" refers to two or more urban gangs conspiring to commit a felony.

Question 40

The legal principle known as the Pinkerton Rule bars a private detective from testifying at the criminal trial of another private detective.

Question 41

While a conspiracy only requires more than one person agreeing to commit a felony,committing the offense of engaging in organized crime requires at least three participants.

Question 42

Criminal attempt normally involves a ________ to commit a substantive offense and an act that falls short of the completion of the intended offense.

Question 43

A homemade key used by a thief to open vending machines is an example of a criminal instrument.

Question 44

Under Texas law,prosecutions for criminal conspiracy are limited to conspiracies to commit ________ offenses.

Question 45

________ is a statutory defense to a charge of criminal conspiracy even after the overt act has occurred.

Question 46

Roger makes plans to murder his business partner Stephen.However,before Roger can be charged and convicted of criminal attempt,he must engage in an act that goes beyond ________ for the murder.

Question 47

A defendant may not be convicted of criminal solicitation on the uncorroborated testimony of the party solicited unless other evidence strongly corroborates both the solicitation and the defendant's intent.

Question 48

A single conspirator cannot be convicted if all of his co-conspirators have been acquitted of the charge.This legal principle is known as the ________ requirement.

Question 49

Under Texas law,using lawful items for unlawful purposes is one method of violating the use of criminal instrument statute.

Question 50

________ impossibility is a defense to a charge of criminal attempt.

Question 51

Bill is arrested for burglarizing Joe's home and stealing his collection of antiques.Bill cannot be convicted of both attempted burglary and burglary because attempted burglary is a ________ of burglary.

Question 52

The ________ holds that a member of a criminal conspiracy is responsible for all reasonably foreseeable crimes committed by a co-conspirator.

Question 53

To be convicted of violating the Texas statute prohibiting engaging in organized crime,at least three persons must have banded together to commit one or more of the statutorily specified felonies.

Question 54

Mary and Jane agree to steal Sheila's new Italian sports car.However,before the two women commit the offense of criminal conspiracy,at least one of them must engage in an ________ in furtherance of the theft.

Question 55

A prospective offender who voluntarily abandons his criminal goal may be found not guilty of a criminal attempt due to the ________ defense.

Question 56

For a criminal conspiracy to occur,two or more people must agree to commit a ________ and one or more must engage in an overt act in furtherance of the commission.

Question 57

Under Texas law,a prostitute who is offering sex for money commits the offense of criminal solicitation.

Question 58

To violate the Texas statute prohibiting use of a criminal instrument,an individual must simply have used any tool,other than a firearm,to facilitate commission of a felony offense.

Question 59

Alan is the leader of an urban street gang that engages in a variety of criminal activity ranging from illegal drug sales to prostitution and extortion.Alan is criminally responsible for the crimes his gang members commit due to the ________ Rule.

Question 60

Criminal attempt normally involves a specific intent to commit a substantive offense and an ________ that falls short of the completion of the intended offense.

Question 61

To commit the offense of engaging in organized crime,in addition to other elements of the offense it must be established that the accused was part of a "criminal combination." A "criminal combination" consists of at least ________ participants collaborating in the criminal activity.

Question 62

Explain the Pinkerton Rule and how it can be used effectively in prosecuting organized crime cases.

Question 63

Jill contacts Jack and offers him $5,000 to kill her husband Reginald.Jack refuses Jill's efforts to enlist him in the murder plot.However,by making the offer to Jack,Jill has committed the offense of criminal ________.

Question 64

George,a locksmith,is always inventing usual devices.He invents a small machine that will open a combination lock without knowing the combination.This machine is useful to locksmiths but could also be used by safecrackers.Texas law does not consider George's invention to constitute a criminal instrument because the device has a ________.

Question 65

Texas law,like the law of most states,sets the punishment for an attempted offense at a lower penalty level than the completed offense.Robbery,however,includes within its definition the elements of the attempt to commit the offense.Should the penalty for other mala in se offenses,such as murder and sexual assault,be set at the same penalty level as the consummated offense? Why or why not?

Question 66

Under Texas law,to convict an individual of the offense of engaging in organized crime,it must be established that the individual worked together with others as part of a ________ in order to profit from the commission of certain felonies.

Question 67

Carlos,the leader of a gang,commands Juan,a gang member,to murder Javier another member of the gang because Carlos believes Javier is a police informant.Carlos gives Juan a pistol to accomplish the deed.Juan,however,is not interested in murdering anyone and reports the incident to the police.Juan agrees to testify against Carlos at his trial for criminal ________ arising from the incident.

Question 68

Briefly outline the elements of criminal attempt,criminal conspiracy,and criminal solicitation under Texas law.Which of these offenses may be successfully prosecuted even if the offender(s)do not successfully complete their intended crime? Which of these offense may be successfully prosecuted even if the offender(s)successfully complete their intended crime?

Question 69

Current Texas law limits the application of the criminal solicitation statute to capital felonies and felonies of the first degree.Anecdotal evidence suggests that virtually all criminal solicitation prosecutions involve solicitation of murder or capital murder.Should the criminal solicitation statute be expanded to cover the solicitation of any felony offense? Why or why not?

Question 70

Police arrest Sam on an outstanding traffic warrant.Sam is a previously convicted burglar.While inventorying Sam's property at the jail booking desk,officers discover that Sam is in possession of a set of lock picks.Sam's possession of the lock picks is NOT an offense because the lock picks have a legitimate use and no evidence exists at this time that Sam has the ________ to use the picks in the commission of a burglary.

Question 71

Raymond convinces his younger brother Derrick to help him steal a $50,000 sports car.As the two approach the target car,Derrick changes his mind and leaves the scene.Irrespective of whatever other offenses Raymond may have committed,he did NOT commit criminal ________ because theft of the car would not constitute a felony of the first degree.

Question 72

Sam and Dave are shooting dice in the back of a bar.They are wagering large amounts of money.Several bar patrons are observing their dice game.While Sam and Dave might correctly be convicted of violating the Texas gambling statute,they cannot be convicted of conspiracy to gamble because of ________ Rule.