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True / False
1. In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in
furtherance of the crime, has not yet violated any law.
a. True
b. False
2. Few states require that some overt act be committed pursuant to the agreement before it becomes a crime.
a. True
b. False
3. Conspiracy can be proved even if the co-conspirator cannot be found or identified.
a. True
b. False
4. Courts currently categorize impossibility defenses in attempt cases into two classes: factual impossibility and legal
impossibility.
a. True
b. False
5. TheModelPenalCodewouldprovideadefensetoaconspiracychargewhereaconspirator“thwartedthe
success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal
purpose.”
a. True
b. False
6. “Whatonedidtheyalldid” is the rule that all parties to a conspiracy are liable for every action taken by any party
in furtherance of the conspiracy or agreement.
a. True
b. False
7. A complete and voluntary renunciation of criminal purpose is not a defense to a charge of attempt to commit a
crime.
a. True
b. False
8. A person cannot be convicted of a conspiracy to commit a crime if the agreed objective is not criminal.
a. True
b. False
9. A person who aids and abets a criminal is sometimes referred to as an accomplice.
a. True
b. False
10. When a person becomes liable for the criminal acts of another, it is known as strict liability.
a. True
b. False
11. A request made to another person to commit a crime is the offense of
a. conspiracy
b. attempt
c. solicitation
d. obstruction of justice
12. The purpose of solicitation, conspiracy, and attempt statutes is to
a. prevent serious harm before it occurs
b. prevent persons from aiding the criminal after completion of the crime
c. obtain the cooperation of material witnesses
d. prevent criminals from escaping
13. In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in
furtherance of the crime has
a. not yet violated any law
b. still violated any law
c. committed a crime
d. committed a misdemeanor
14. Abandonment or withdraw by a conspirator makes the crime
a. nonetheless complete
b. not complete
c. complete if one of the conspirators commits the crime
d. not complete unless one of the conspirators commits the crime
15. The crime of solicitation is committed when
a. the person solicited commits the requested crime
b. the person solicited accepts payment
c. when a person attempts to get another to commit a crime
d. when the agreement is placed in writing
16. In the early 1600s, what crime was used extensively by the English Court of the Star Chamber?
a. attempt
b. conspiracy
c. solicitation
d. obstruction of justice
17. What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states?
a. payment or reward
b. overt act
c. two or more guilty persons
d. agreement
18. The death of a co-conspirator
a. may affect a prosecution for conspiracy
b. ends any possibility of prosecution for conspiracy
c. always affects a prosecution for conspiracy
d. never affects a prosecution for conspiracy
19. For criminal conspiracy, proof of an overt act by a defendant
a. was required under common law
b. is unconstitutional
c. is required by most current state statutes
d. is extremely difficult to prove
20. Evidence of an overt act would provide some assurance that
a. at least one of the conspirators was sincere
b. there are at least two persons involved in the conspiracy
c. the object of the conspiracy is illegal
d. there is more than just an attempt to solicit
21. The Wharton Rule states that the crime of conspiracy cannot be charged if the number of people involved are
only those necessary by factual circumstance to
a. none of these is correct
b. get away with the crime
c. plan the crime
d. commit the crime
22. A person could be criminally liable for the conduct of another if he or she is a party to a conspiracy to commit a
crime and
a. hires another to commit a crime
b. urges another to commit a crime
c. counsels another to commit a crime
d. all of these answers are true
23. The U.S. Supreme Court has stated that the essence of the crime of conspiracy is
a. completion of the substantive crime
b. commission of an overt act by one of the conspirators
c. that object of the conspiracy is illegal
d. agreement to commit a crime
24. A conspiracy to commit an unlawful act is known as a/an
a. common design
b. commitment design
c. conspiracy design
d. concomitant design
25. The most frequently charged anticipatory offense is that of
a. attempt
b. solicitation
c. conspiracy
d. obstruction of justice
26. To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of
a. an agreement to commit the crime
b. a request to commit the crime
c. completion of a substantial step
d. a motive
27. Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime
of _____ has been committed.
a. attempt
b. solicitation
c. conspiracy
d. obstruction of justice
28. Attempting to pick an empty pocket would be an example of which kind of impossibility?
a. legal
b. factual
c. imminent
d. contingent
29. Attempting to receive stolen goods that were not stolen would be an example of which kind of impossibility?
a. legal
b. factual
c. imminent
d. contingent
30. For the crime of attempt, most state and federal courts have rejected the defenses of
a. consent and alibi
b. insanity and necessity
c. coercion and entrapment
d. legal and factual impossibility
31. If a defendant plans to engage in conduct that he believes to be a crime, but the conduct as planned is not a crime,
the defendant is
a. guilty of an attempt
b. guilty of conspiracy
c. not guilty of an attempt
d. none of these answers is correct
32. “Apersonwhoisapartytoanagreementtocommitanunlawfulact.”Thisisthedefinitionofwhichofthe
following terms?
a. an accessory after the fact
b. an aider
c. an abettor
d. a conspirator
33. A person asking another to commit murder is guilty of
a. solicitation
b. aiding
c. abetting
d. conspiracy
34. A person who provides assistance to another who commits the crime is called
a. a solicitor
b. an aider and abettor
c. a co-conspirator
d. solicitee
35. What principle of liability holds a defendant legally responsible for the unlawful conduct of others that he aids and
abets?
a. principal
b. accessory
c. accomplice
d. party
36. All participants in a conspiracy or common plan to commit a crime are guilty of any act of another participant as
long as that act is deemed a/an _____ of the intended crime.
a. element
b. natural and probable consequence
c. unforeseeable consequence
d. preferred outcome
37. Conspiracy can be proved even if the co-conspirator cannot be found or
a. cannot be identified
b. has died
c. changes his mind
d. refuses to testify
38. The Wharton Rule requires that crimes needing more than one person for commission, such as bigamy, require
how many people for a conspiracy conviction?
a. three or more
b. four or more
c. five or more
d. two or more
39. Which of the following impossibility defenses is still viable?
a. engaging in conduct one thinks is a crime but that is not a crime
b. engaging in factual impossibility
c. engaging in legal impossibility
d. engaging in legal or factual impossibility
40. Impossibility is generally not a defense, unless
a. the crime did not occur
b. the defendant is ruled mentally incompetent
c. what is being attempted is a crime
d. what is being attempted is not a crime
Chad“thehammer”RosogetsintoanargumentwithhisgirlfriendMegan“toohot”Koleandthreatenstokillher.
Hetellsherheisgoingintohisbedroomtogethisgunandthenshe“isdown!”Megan“toohot”callsthepolicewho
arrivewithintwominutesandbustdownthedoorjustintimetoseeChad“thehammer”pointinghisgunatMegan
screaming,“I’mgoingtokillyou!”ThepoliceutilizetheirTaserandshockChadbeforeheisabletokillMegan.
41. Chad could be charged with attempted murder because this crime could be determined as
a. Anticipatory
b. Limitless
c. Murder in the 3rd degree
d. Manslaughter
42. AfterthiscrimewasinvestigatedthepolicedeterminedthatChad“thehammer”hadalsocalledhisfriendScott“slim
shady”RudyandconvincedhimtocomeoverandhelpburyMegan.Scott“slimshady”hadactuallyshowedupthat
night with a shovel and bleach and was ready to help Chad but then realized he had been arrested. Scott provided a
full confession and could be charged with a(n) ________________ crime.
a. Anticipatory
b. Manslaughter
c. Conspiracy
d. Limitless
43. BecauseChad“thehammer”convincedScott“slimshady”tohelpinthiscrime,Chadcouldbechargedwith
a. Anticipatory
b. Solicitation
c. Conspiracy
d. Limitless
Chad“thehammer”Rosospentacoupleyearsinprisonforhispreviouscharges.Oncehewasreleasedhewasstill
determinedtoharmhisexgirlfriend.Chad“thehammer”stalkshisexgirlfriendMeganandendsupkillingherand
burying her dead body in the Nevada desert.
44. Scott“slimshady”cameoutofcriminalretirementandhelpedChad“thehammer”buryMegan’sbody.Scottcould
be considered a(n)?
a. Solicitor b. aider and abetar
c. Slim shady wanna be d. Conspirator
45. Brian“theanimal”HeightshelpsChad“thehammer”hideoutinhisbasementwhilethepolicearesearchingforhim.
Brian“theanimal”couldbechargedwith
a. solicitation
b. aiding and abetting
c. being Slim shady wanna be
d. conspiracy
46. Chad’spreviousprisoncellmateScott“cabbagepatch”SalmondroveChadtoMegan’shousewiththeintentof
helpingChaddisposeofthebody.Scott“cabbagepatch”helpedChadplanthemurder,suppliedhimwiththe
weapon, and helped bury her in the desert. Chad could be considered a(n)
a. Partner in crime
b. Accomplice
c. Criminal in action
d. Action Jackson Reaction
47. BecauseScott“cabbagepatch”didnotpreventthiscrimefromoccurringandeventhoughheknewaboutit,he
failed to take the necessary steps to stop/prevent this crime, it could fall into what type of liability?
a. Strict
b. Due process
c. Vicarious
d. Vicious
48. Under what rule can the other three criminals be charged with the fully-automatic Tech-9 weapon?
a. Rosa rule
b. Sparky rule
c. Gun auto rule
d. Pinkerton rule
49. What court case affirmed the above court ruling?
a. United States v. Castro, 640 F.3d 19 (1st Cir. 2011).
b. United States v. Vasquez, 640 F.3d 19 (1st Cir. 2011).
c. United States v. Vasquez-Castro, 840 F.4d 19 (1st Cir. 2011).
d. United States v. Vasquez-Castro, 640 F.3d 19 (1st Cir. 2011).
50. During the investigation of this drug offense one of the criminals provided false and misleading information to the
police. This could fall under what category?
a. Post-crime offenses
b. Pre-crime offenses
c. Liability offenses
d. Due process
51. Under common law rules, what was required in order to prove the crime of conspiracy?
a. proof of the criminal conspiracy
b. an overt act
c. any act in furtherance of the conspiracy
d. any act, regardless if it furthered the conspiracy
52. Broadly speaking, actions taken after a crime has been committed is called a(n)
a. post-crime offense
b. aider
c. abettor
d. conspiracy
53. In order for an action to be considered a post-crime offense, the action must
a. aid the person who committed the original crime
b. have been considered before the original crime was committed
c. be unrelated to the person who committed the original crime
d. must in all cases be committed by someone other than the person who committed the original crime
54. In order for an action to be considered a post-crime offense, there must be
a. knowledge that the crime was committed
b. an attempt at a conspiracy
c. a solicitation by the person or persons who committed the crime
d. evidence of a solicitation
55. Which of the following not an example of a post-crime offense?
a. posting bail
b. obstructing justice
c. committing perjury
d. bribing witnesses
56. The scope of liability of persons who are a party to a conspiracy or other agreement to do an unlawful act is
called
a. common design
b. accessory
c. accomplice
d. the Wharton rule
57. Punishment for the consequences of accidents is permissible if
a. the accident occurred during a criminal act
b. there were no other criminal behaviors
c. the result was unintended
d. no harm occurs from the accident
58. One conspirator is liable for the crimes committed by another conspirator is called the
a. Pinkerton rule
b. general liability rule
c. Rule of Four
d. Wharton rule
59. Someone who aids in the preparation of a crime but is not present at the time the crime was committed is called
a(n)
a. accessory before the fact
b. accessory after the fact
c. principal in the first degree
d. principal in the second degree
60. Someone who was not involved in the preparation of a crime but was present at the time the crime was committed
is called a(n)
a. accessory before the fact
b. accessory after the fact
c. principal in the first degree
d. principal in the second degree
61. If the conspiracy is , the crime of conspiracy is nonetheless complete.
62. Most state statutes on criminal conspiracy require proof of an _______ act by a defendant.
63. The _____________ Rule states that the crime of conspiracy cannot be charged if the number of people involved
is only those necessary to commit the crime.
64. The U.S. Supreme Court has stated that the essence of the crime of conspiracy is the ____________ to commit
a crime.
65. An example of ___________ impossibility would be trying to pick a pocket that is empty.
66. An example of _________ impossibility would be attempting to buy stolen goods when in fact the goods have not
been stolen.
67. Under common law, a person who knew a crime had been committed and gave aid or comfort to the person who
committed the crime was termed a(n) _________ after the fact.
68. The principle of ____________ liability holds a defendant legally responsible for the unlawful conduct of others
that he aids and abets.
69. Asking someone to commit a crime is known as .
70. When a criminal statute imposes liability without requiring proof of criminal intent, the offense is called a
____________ liability offense.
71. Anticipatory crimes are commonly referred to as _____ crimes.
72. Inchoate crimes are crimes themselves but also _____ to a more serious crime.
73. Incitement is synonymous with _____.
74. Most state statutes on criminal conspiracy have replaced the "bilateral approach" with the _____.
75. The Model Penal Code states that a conviction for a conspiracy requires proof of an ____.
76. Why does the criminal law consider certain acts illegal even though the crime itself has not yet been completed or
is still in the planning stages?
77. Describe the crime of solicitation and give examples of solicitation crimes. Explain how corroboration
requirements are used in solicitation statutes.
78. What types of impossibility defenses have been rejected by the U.S. Supreme Court? Why? What type of
impossibility defense is still viable?
79. Some conspiracy statutes require evidence of an overt act by one of the co-conspirators. What is the justification
for such a requirement? In what type of case might an overt act not be required?
80. In the case United States v. Falcone (1940), the defendants sold yeast and sugar to a man who was making
illegal alcohol. The evidence showed that defendants knew that their products were being used for illegal
purposes. WhatwastheSupremeCourt’sdecisionregardingtheexistenceofaconspiracy?Whatwasthe
Court’sreasoning?
81. Explainthetheoryof“whatonedid,theyalldid”indeterminingcriminalliabilityinaconspiracy.Giveanexample.
82. Explain the mens rea of the crime of attempt.
83. In what circumstances may abandonment of the criminal purpose have an effect on liability for an attempt, or
liability for criminal acts done in a conspiracy?
84. Under the common design rule, when people have a common plan to do an unlawful act, whatever is done in
furtherance of the common design or plan is the act of all, and they can all be punished for that act. Explain what
this means for both criminal and civil liability. How might the impact be different for civil liability?
85. Explain the reasoning for state and federal statutes regarding post-crime offenses. List at least three examples of
post-crime offenses.
