Chapter 5: Attempt, Solicitation, and Conspiracy

Test Bank

Multiple Choice

1. The form of attempt that arises where the perpetrator makes a mistake, such as aiming and firing the gun only to realize that it is not loaded, is called ______.

A. incomplete attempt

B. complete attempt

C. impossible attempt

D. potential attempt

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension

Answer Location: Attempt

Difficulty Level: Easy

2. Under the following Model Penal Code approach, an act must be a clear step toward the commission of a crime in order to constitute an attempt ______.

A. physical proximity

B. attempt progression

C. step proximity

D. substantial step

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension

Answer Location: Actus Reus of Attempt

Difficulty Level: Easy

3. Jake and Jill form an agreement to commit an armed robbery. As a result, they have committed the crime of ______.

A. conspiracy

B. armed robbery

C. solicitation

D. attempt

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: Conspiracy

Difficulty Level: Easy

4. Ginger and Phil plotted to carjack a motorist and steal the person’s car. They obtained guns and ski masks and selected an isolated location to carry out their plot. Additionally, they asked Sarah to take them to the bank and wait for them. They did not inform Sarah that they would be robbing a bank while there. On the day of the robbery, Ginger and Phil completed the robbery and ran out of the bank toward Sarah’s car. However, the police responded before Sarah could drive away and arrested all three individuals. Which of the following is true?

A. By agreeing to transport Ginger and Phil to and from the bank, Sarah committed the crime of conspiracy.

B. By agreeing to transport Ginger and Phil to and from the bank, Sarah committed the crime of solicitation.

C. Under the Model Penal Code, Ginger and Phil are not guilty of solicitation.

D. Under the Model Penal Code, Ginger and Phil are guilty of solicitation.

Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Application

Answer Location: Model Penal Code: Criminal Solicitation

Difficulty Level: Hard

5. Richard and Robert were convicted of bribery of a public official and the conspiracy to bribe the public official. Which of the following is true?

A. The convictions violated the Pinkerton doctrine.

B. The convictions violated Wharton’s rule.

C. The convictions violated the Gebardi rule.

D. Richard and Robert’s convictions were proper.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Application

Answer Location: Conspiracy | Criminal Objectives

Difficulty Level: Medium

6. Which of the following terms is based on the requirement that both parties to a conspiracy intentionally enter an agreement to commit the crime that is the objective of the conspiracy?

A. bilateral requirement

B. unilateral requirement

C. proximity requirement

D. two-party requirement

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Conspiracy | Parties

Difficulty Level: Easy

7. Which of the following is a conspiracy that involves a single person or a group that serves as a hub connecting various independent individuals or groups?

A. joint conspiracy

B. chain conspiracy

C. hierarchical conspiracy

D. wheel conspiracy

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge

Answer Location: The Structure of Conspiracies

Difficulty Level: Easy

8. Several individuals entered into an agreement to import, sell, and distribute illegal contraband. The various individuals were assigned different tasks in furtherance of their goals. After an extensive sting operation, the individuals were arrested and charged with conspiracy. Which of the following terms describes this conspiracy?

A. group conspiracy

B. joint conspiracy

C. chain conspiracy

D. wheel conspiracy

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: The Structure of Conspiracies

Difficulty Level: Easy

9. A specific intent that another individual commit a crime is the mens rea of which of the following?

A. renunciation

B. attempt

C. conspiracy

D. solicitation

Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Knowledge

Answer Location: Solicitation

Difficulty Level: Easy

10. Punishment for which of the following crimes has raised concerns about infringement upon an individual’s First Amendment rights?

A. conspiracy

B. solicitation

C. attempt

D. RICO violation

Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Knowledge

Answer Location: Solicitation | Public Policy

Difficulty Level: Easy

11. A(n) ______ but imperfect attempt occurs when an individual take every act required to commit a crime and yet fails to succeed.

A. incomplete

B. complete

C. impossible

D. possible

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Attempt

Difficulty Level: Easy

12. A(n) ______ attempt occurs when an individual abandons or is prevented from the crime due to the arrival of the police or as a result of some other event outside his or her control.

A. incomplete

B. complete

C. impossible

D. possible

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Attempt

Difficulty Level: Easy

13. ______ attempt arises where the perpetrator makes a mistake, such as aiming and firing the gun only to realize that it is not loaded.

A. Incomplete

B. Complete

C. Impossible

D. Possible

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Attempt

Difficulty Level: Easy

14. Which of the following is not a reason to punish an act that does not result in a crime?

A. retribution

B. deterrence

C. utilitarian

D. incapacitation

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application

Answer Location: Public Policy and Attempt

Difficulty Level: Medium

15. Which of the following is not an element of criminal attempt?

A. an intent or purpose to commit a crime

B. an act or acts toward the commission of a crime

C. a failure to commit the crime

D. an accessory accomplice to help commit the crime

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application

Answer Location: The Elements of Criminal Attempt

Difficulty Level: Medium

16. The ______ is the legal test of attempt that requires an act that comes extremely close to the commission of the crime.

A. objective approach

B. preparation

C. subjective approach

D. equivocality approach

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Actus Reus of Attempt

Difficulty Level: Easy

17. ______ is the planning and purchasing of the materials to commit a crime.

A. Objective approach

B. Preparation

C. Subjective approach

D. Equivocality approach

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Actus Reus of Attempt

Difficulty Level: Easy

18. The ______ test follows an objective approach and provides that an attempt occurs when an act is “very near” the completion of a crime.

A. physical proximity

B. substantial step

C. threat provocation

D. last step

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: The Physical Proximity and Substantial Step Tests

Difficulty Level: Easy

19. ______ arises when an individual mistakenly believes that he or she is acting illegally.

A. Legal impossibility

B. Factual impossibility

C. Inherent impossibility

D. Principle of legality

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Impossibility

Difficulty Level: Easy

20. ______ prohibits punishing an individual for a crime that is the product of his or her imagination.

A. Legal impossibility

B. Factual impossibility

C. Inherent impossibility

D. Principle of legality

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Impossibility

Difficulty Level: Easy

21. ______ occurs in those rare situations in which a defendant could not possibly achieve the desired result.

A. Legal impossibility

B. Factual impossibility

C. Inherent impossibility

D. Principle of legality

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Impossibility

Difficulty Level: Easy

22. The crime of ______ is comprised of an agreement between two or more persons to commit a criminal act.

A. solicitation

B. attempt

C. conspiracy

D. intervention

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge

Answer Location: Conspiracy

Difficulty Level: Easy

23. The joint or ______ conception of conspiracy means that a charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea.

A. plurality

B. bilateral

C. unilateral

D. chain

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge

Answer Location: Parties

Difficulty Level: Easy

24. To satisfy the actus reus of conspiracy, most states require ______.

A. an agreement

B. planning

C. an overt act

D. completion of the offense

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.Cognitive Domain: Knowledge

Answer Location: Overt Act

Difficulty Level: Easy

25. ______ is defined as commanding, hiring, or encouraging another person to commit a crime.

A. Solicitation

B. Attempt

C. Conspiracy

D. Intervention

Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Knowledge

Answer Location: Solicitation

Difficulty Level: Easy

26. ______ proves that an agreement by two persons to commit a crime requires that the voluntary and cooperative action of two persons cannot constitute a conspiracy.

A. Gebardi rule

B. Pinkerton rule

C. RICO

D. Wharton’s rule

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge

Answer Location: Criminal Objectives

Difficulty Level: Easy

27. A form of conspiracy that involves communications and cooperation by vertically connected individuals to achieve a criminal objective is a ______.

A. joint conspiracy

B. chain conspiracy

C. hierarchical conspiracy

D. circle conspiracy

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: The Structure of Conspiracies

Difficulty Level: Easy

28. ______ holds defendants responsible for all acts of racketeering undertaken as part of a criminal enterprise.

A. Gebardi rule

B. Pinkerton rule

C. RICO

D. Wharton’s rule

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge

Answer Location: Conspiracy Prosecution

Difficulty Level: Easy

29. A form of conspiracy that involves single person or a group that serves as a hub connecting various, independent individuals or groups is a ______.

A. joint conspiracy

B. chain conspiracy

C. hierarchical conspiracy

D. circle conspiracy

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: The Structure of Conspiracies

Difficulty Level: Easy

30. A form of conspiracy that typically arises on cases of narcotic or contraband distribution is a ______.

A. joint conspiracy

B. chain conspiracy

C. hierarchical conspiracy

D. circle conspiracy

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: The Structure of Conspiracies

Difficulty Level: Easy

31. Which of the following terms is not associated with the Model Penal Code’s substantial step test?

A. lying

B. surveying

C. soliciting

D. lawful

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application

Answer Location: Impossibility

Difficulty Level: Medium

32. Which case brought awareness to the crime of solicitation when a man solicited a servant to steal his master’s goods?

A. Rex et al. v. Candice

B. People v. Higgins

C. United States v. Carolina

D. Rex v. Higgins

Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Comprehension

Answer Location: Solicitation

Difficulty Level: Easy

33. The crime of solicitation is complete when ______.

A. the solicited individual carries out the criminal act

B. the solicitor engages the individual to carry out the criminal act, whether the act is completed or not

C. the deed is solidified in a written agreement

D. the solicitor walks away before carrying out the act

Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Comprehension

Answer Location: Solicitation

Difficulty Level: Easy

34. Ronald fires a gun at a local rival. He misses the first time but fires several more times. Each subsequent time he misses and then finally his gun jams. This is an example of ______.

A. an incomplete attempt

B. a complete attempt

C. vicarious liability

D. abandonment

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application

Answer Location: Attempt

Difficulty Level: Medium

35. Why do several states choose to NOT recognize the defense of abandonment?

A. Because it violates freedom of expression.

B. Because the crime of attempt merges with the substantive crime.

C. Because the crime of attempt is complete and cannot be renounced.

D. Because the criminal act has not been completed and public policy demands no crime has been committed.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension

Answer Location: Abandonment

Difficulty Level: Easy

36. A conviction for conspiracy requires that two or more persons intentionally enter into

an agreement with the intent to achieve the crime that is the objective of the conspiracy is referred to as a(n) ______.

A. attempt

B. bilateral conception

C. plurality requirement

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension

Answer Location: Abandonment

Difficulty Level: Easy

37. Which of the following is a reason solicitation remains a controversial crime?

A. There is a threat society.

B. Punishing an individual for solicitation interferes with freedom of speech.

C. There is no risk that individuals will be convicted based on a false accusation.

D. Punishment does not interfere with civil liberties.

Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Application

Answer Location: Solicitation

Difficulty Level: Medium

38. A factual circumstance that prevents an individual from actually completing a criminal offense is referred to in some state statutes as ______.

A. inherent impossibility

B. an extraneous factor

C. attendant circumstance

D. a contemporaneous factor

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension

Answer Location: Impossibility

Difficulty Level: Easy

39. Crimes that declare that individuals can be convicted and punished for intent to commit a crime when accompanied by a significant step toward the commission of the offense are called ______.

A. incohate crimes

B. accomplice crimes

C. accessory crimes

D. intent crimes

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension

Answer Location: Introduction

Difficulty Level: Easy

40. Which of the following is not components of the actus reus of conspiracy?

A. entering into an agreement

B. to commit a crime

C. an overt act in furtherance of the agreement

D. the completion of a criminal act

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: Actus Reus

Difficulty Level: Easy

True/False

1. The Model Penal Code recognizes the defense of abandonment where an individual completely and voluntarily renounced his or her criminal purpose.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Abandonment

Difficulty Level: Easy

2. The mens rea of conspiracy is the intent to achieve the object of the agreement.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge

Answer Location: Conspiracy | Overt Act

Difficulty Level: Easy

3. Under the common law, the act of conspiracy requires an overt act in addition to an agreement between two or more persons to commit a criminal act.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge

Answer Location: Conspiracy

Difficulty Level: Easy

4. The Model Penal Code states that to constitute an attempt, an act must be a clear step toward the commission of a crime.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Actus Reus of Attempt

Difficulty Level: Easy

5. A factual impossibility is a defense to an attempt to commit a crime.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Impossibility

Difficulty Level: Easy

6. Ann and Sue entered into a conspiracy to commit murder. At trial, Sue was found not guilty by reason of insanity. As a result, under the Model Penal Code, Ann should also be acquitted of conspiracy.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Application

Answer Location: Conspiracy | Parties

Difficulty Level: Medium

7. Walt planned to go on a crime spree breaking into cars late at night. In furtherance of his plan, he bought a crowbar to break into the cars and dark clothes to wear. The day of his planned crime spree, Walt had a change of heart and decided not to break into any cars. He also returned the items he purchased. As a result, Walt has a legitimate defense to a charge of attempted burglary.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension

Answer Location: Abandonment

Difficulty Level: Easy

8. One difference between various states’ statutes on conspiracy is whether an overt act is required to carry out the conspiracy.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: Conspiracy

Difficulty Level: Easy

9. The Model Penal Code incorporates the Gebardi rule.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: Model Penal Code Diagram: Analysis

Difficulty Level: Medium

10. The doctrine of inherent impossibility prohibits punishing an individual for a crime that does not exist.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Impossibility

Difficulty Level: Easy

11. A mistake concerning the law is a defense.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension

Answer Location: Impossibility

Difficulty Level: Easy

12. Inherent impossibility occurs when a defendant cannot possibly achieve the desired result.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension

Answer Location: Impossibility

Difficulty Level: Easy

13. Abandonment is a defense to attempt where an individual freely and voluntary undergoes a change of heart and abandons the criminal activity.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Abandonment

Difficulty Level: Easy

14. The crime of conspiracy is comprised of a single person planning to commit a criminal act.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge

Answer Location: Conspiracy

Difficulty Level: Easy

15. The plurality conception of conspiracy means that a charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension

Answer Location: Parties

Difficulty Level: Easy

16. Modern statutes generally limit the criminal objectives of conspiracy to intent to commit the crime.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge

Answer Location: Criminal Objectives

Difficulty Level: Easy

17. Solicitation is defined as an agreement between two or more persons to commit a criminal act.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge

Answer Location: Solicitation

Difficulty Level: Easy

18. There are two types of attempts: complete attempt and incomplete attempt.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Attempt

Difficulty Level: Easy

19. The objective approach to criminal attempt requires an act that does not come close to the commission of the crime.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: Actus Reus of Attempt

Difficulty Level: EasR

20. There are two major legal tests for the actus reus of attempt.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge

Answer Location: The Physical Proximity and Substantial Step Tests

Difficulty Level: Easy

Short Answer

1. What is the difference between a complete attempt and incomplete attempt?

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Analysis

Answer Location: Attempt

Difficulty Level: Medium

2. What are the three elements of attempt?

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application

Answer Location: The Elements of Criminal Attempt

Difficulty Level: Easy

3. What is the difference between the subjective approach and the objective approach to attempt?

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Analysis

Answer Location: Actus Reus of Attempt

Difficulty Level: Medium

4. What is the difference between factual impossibility and legal impossibility?

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Analysis

Answer Location: Impossibility

Difficulty Level: Medium

5. When can abandonment be used as a defense?

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application

Answer Location: Abandonment

Difficulty Level: Medium

6. What is the difference between conspiracy and solicitation?

Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Analysis

Answer Location: Solicitation

Difficulty Level: Medium

7. What are the actus reus and mens rea of conspiracy?

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: Actus Reus | Mens Rea

Difficulty Level: Easy

8. What is the rule of abandonment? Why does the law reward individuals who voluntarily abandon their attempt? Do you believe that the affirmative defense of abandonment is a good idea? Why or why not? Use examples from your readings to support your answer.

Learning Objective:

Cognitive Domain: Analysis

Answer Location: Abandonment

Difficulty Level: Hard

9. What is the plurality requirement?

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: Parties

Difficulty Level: Easy

10. What is a wheel conspiracy? Provide an example illustrating the circle conspiracy.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Application

Answer Location: The Structure of Conspiracies

Difficulty Level: Medium

Essay

1. Bob and George planned to rob a series of houses in a local neighborhood. In addition to casing the neighborhood, the men carefully planned which night they would burglarize each particular house, and they gathered tools specific to each burglary. Additionally, they based their decisions of what house to burglarize on a given day on details they learned about the residents’ schedules. The night before the planned burglary of the Smiths’s house, Bob and George cased the house once more. The following evening, they went back to the house at 8 p.m., expecting that Smiths to be gone for the evening. To their surprise, the Smiths were at home. Law enforcement investigation later revealed that Bob and George were suspects in a series of home burglaries. Pursuant to a search warrant, the police seized the pair’s detailed plans, including the plans to burglarize the Smiths’ house. Bob and George were charged with multiple counts of burglary as well as the attempted burglary of the Smiths’ house. What legal concept is implicated by this scenario, and what is the likely outcome?

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Analysis

Answer Location: Abandonment

Difficulty Level: Medium

2. What are the three types of inchoate crimes? Define and provide an example of each type of inchoate crime.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability. | 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes. | 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime..

Cognitive Domain: Analysis

Answer Location: Attempt | Solicitation | Conspiracy

Difficulty Level: Medium

3. Discuss the rationales for punishing the crime of solicitation.

Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Analysis

Answer Location: Solicitation | Public Policy

Difficulty Level: Medium

4. What is the difference between factual impossibility and legal impossibility?

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Analysis

Answer Location: Impossibility

Difficulty Level: Medium

5. What are the actus reus and mens rea of conspiracy?

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension

Answer Location: Conspiracy | Actus Reus | Conspiracy | Mens Rea

Difficulty Level: Easy