Instructor’s Resource Manual with Test Bank
Chapter 8 Test Bank
Inchoate Crimes: Attempt, Conspiracy, and Solicitation
MULTIPLE CHOICE
1. Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of
crimes?
a.
strict liability
b.
inchoate
c.
complicity
d.
vicarious liability
2. All inchoate offense share two elements: the actus reus of taking some steps toward
accomplishing the criminal purpose—but not enough steps to complete the intended
crime, and
a.
the mens rea of purpose or specific intent.
b.
the mens rea of attempt.
c.
the actus reus of purpose or specific intent.
d.
the actus reus of attempt.
3. Which rationale looks at how close defendants came to completing their crimes?
a.
the dangerous act rationale
b.
the dangerous person rationale
c.
the dangerous precedent rationale
d.
the dangerous peer rationale
4. The rationale for attempt crimes focuses on what two types of danger?
a.
dangerous conduct and dangerous people
b.
group activity and inciting others
c.
imitation and stimulation of crime
d.
group activity and stimulation of crime
5. Physical proximity tests of the actus reus of attempt focus on
a.
how close the defendant gets to committing the crime.
b.
whether the defendant’s acts are res ipsa loquitur.
c.
whether the defendant is likely to voluntarily abandon the crime.
d.
how much of the defendant’s dangerousness is shown by action.
Chapter 8: Inchoate Crimes: Attempt, Conspiracy, and Solicitation
6. Which rationale concentrates on how fully defendants have developed their criminal
purpose?
a.
the dangerous act rationale
b.
the dangerous person rationale
c.
the dangerous precedent rationale
d.
the dangerous peer rationale
7. Which test asks whether defendants have reached a point where they’ve gotten control
of everything they need to complete the crime?
a.
the indispensable element test
b.
dangerous proximity to success test
c.
the unequivocality test
d.
the probable desistance test
8. Which test asks whether defendants have come “dangerously close” to completing the
crime?
a.
the indispensable element test
b.
dangerous proximity to success test
c.
the unequivocality test
d.
the probable desistance test
9. Which test examines whether an ordinary person who saw the defendant’s acts without
knowing her intent would believe she was determined to commit the intended crime?
a.
the indispensable element test
b.
dangerous proximity to success test
c.
the unequivocality test
d.
the probable desistance test
10. Which test on whether defendants have gone far enough toward completing the crime
that it’s unlikely they’ll turn back?
a.
the indispensable element test
b.
dangerous proximity to success test
c.
the unequivocality test
d.
the probable desistance test
Instructor’s Resource Manual with Test Bank
11. The Model Penal Code’s substantial steps test (also called the “MPC test”) was
designed to accomplish three important goals. Which of the following is not one of
those goals?
a.
replace (or at least drastically reform) the proximity and unequivocality tests with
a clearer and easier-to-understand-and-apply test
b.
draw more sharply (and push back further toward preparation) the line between
preparation and beginning to attempt the crime
c.
base the law of attempt firmly on the theory of neutralizing dangerous persons, not
just on preventing dangerous conduct
d.
end all use of proximity and unequivocality tests with a clearer and easier-to–
understand-and-apply test
12. A conspiracy where participants at one end may know nothing of those at the other
end, but every participant handles the same commodity at different points, such as
manufacture, distribution, and sale is known as
a.
a chain conspiracy.
b.
a wheel conspiracy.
c.
a large-scale conspiracy.
d.
a small-scale conspiracy.
13. In most states, merely buying a gun with the intent of killing someone is considered
a.
an attempt to murder.
b.
a conspiracy to commit murder.
c.
preparation and not a crime.
d.
soliciting the crime of murder.
14. What has occurred when actors intend to commit crimes, and do everything they can
to carry out their criminal intent, but the criminal law doesn’t ban what they did?
a.
a legal impossibility
b.
a de facto impossibility
c.
a juristic impossibility
d.
a factual impossibility
15. Which of the following would be a valid impossibility defense?
a.
the bank closes before the defendant can rob it
b.
the victim does not show up at the ambush point
c.
what the defendant plans to do to the victim is not a criminal act
d.
the poison is not strong enough to kill the victim
Chapter 8: Inchoate Crimes: Attempt, Conspiracy, and Solicitation
16. Stabbing an already dead victim is an example of
a.
a legal impossibility.
b.
a de facto impossibility.
c.
a juristic impossibility.
d.
a factual impossibility.
17. Inchoate offenses punish people for crimes they’ve started to commit
a.
but have not finished committing.
b.
and are going to finish committing.
c.
but will never be able to finished committing.
d.
can not be proven beyond a reasonable doubt.
18. The defendant sees a car he wants to steal and breaks the window glass. The police
interrupt. It turns out the car belongs to the defendant. The defendant
a.
is guilty of attempted theft.
b.
has a defense of voluntary abandonment.
c.
has a valid defense of legal impossibility.
d.
has a valid defense of factual impossibility.
19. The reason that legal impossibility will act as a defense to attempt and factual
impossibility will not is because
a.
it’s legally impossible to commit a crime that doesn’t exist.
b.
the defendant had no specific intent to commit a crime because it was
legally impossible.
c.
the defendant did not go beyond mere preparation which made the crime
legally impossible to commit.
d.
there is insufficient evidence that the defendant knew what he was
doing was criminal, making it legally impossible to convict him.
20. To be a defense to attempt, the abandonment of the attempt must be
a.
foreseeable.
b.
voluntary.
c.
caused by an extraneous factor.
d.
caused by victim intervention.
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21. What kind of conduct poses the following dilemma: whether to punish someone who’s
done no harm or to set free someone who’s determined to commit a crime?
a.
incomplete criminal conduct
b.
complete criminal conduct
c.
incomplete civil conduct
d.
incomplete police conduct
22. Legal impossibility is
a.
a defense to attempt liability.
b.
not a defense to attempt liability.
c.
the same as factual liability.
d.
the same as factual impossibility.
23. The core of conspiracy is
a.
several people preparing to commit a crime.
b.
several people agreeing to commit a crime.
c.
several people committing a crime as opposed to one person
committing a crime.
d.
the fact that conspiracies are secret agreements to commit crime.
24. Conspiracy actus reus consists of two parts: an agreement to commit a crime (in all
states) and
a.
an overt act in furtherance of the agreement (in about half the states).
b.
an overt act in furtherance of the agreement (in most of the states).
c.
a covert act in furtherance of the agreement (in about half the states).
d.
a covert act in furtherance of the agreement (in most of the states).
25. Voluntary and complete abandonment of an attempt in progress is a defense to what
liability in about half the states?
a.
attempt liability
b.
factual liability
c legal liability
c.
civil liability
Chapter 8: Inchoate Crimes: Attempt, Conspiracy, and Solicitation
26. An important public policy justification for the crime of conspiracy is
a.
the special need to deal with drug offenses.
b.
the special danger of group criminality.
c.
the secrecy of conspiracies makes them more difficult for the police to investigate.
d.
because conspiracies go far beyond preparing for the commission of the crime.
27. Facts and circumstances that indicate an unspoken understanding between conspirators
to commit a crime
a.
are not sufficient to prove a conspiracy existed.
b.
must be corroborated by some type of written document that indicates there was an
agreement.
c.
are often sufficient to prove a conspiracy existed.
d.
must be corroborated by the testimony of one of the conspirators.
28. What is the name of the crime of agreeing with one or more people to commit a crime?
a.
conspiracy
b.
RICO
c.
drug dealing
d.
solicitation
29. What is a criminal objective?
a.
the criminal goal to commit a crime
b the conspiracy to commit a crime
b.
using unlawful means to do a lawful thing
c.
anything injurious to public health
30. Most modern statutes use the unilateral approach to conspiracy crimes. This means
that
a.
all of the parties to the conspiracy must have intended to commit the crime.
b.
all of the parties to the conspiracy knew of each others’ role in the commission of
the crime.
c.
failure to convict one party of a conspiracy prevents the conviction of the co–
conspirators.
d.
all of the conspirators do not have to intend to go through with the agreement to
commit the crime.
Instructor’s Resource Manual with Test Bank
31. A conspiracy where one or more defendants participate in every transaction is known
as
a.
a chain conspiracy.
b.
a wheel conspiracy.
c.
a large-scale conspiracy.
d.
a small-scale conspiracy.
32. What Act is a specialized conspiracy law frequently utilized against organized and
white collar crime?
a.
RACO
b.
RICO
c.
RECO
d.
ROCO
33. The guilty mind in conspiracy isn’t clearly defined in modern legislation, and courts
have taken imprecise, widely divergent, and inconsistent approaches to the
a.
mens rea problem.
b.
actus reus problem.
c.
conspiracy problem.
d.
solicitation problem.
34. The crime of trying to get someone else to commit a crime is known as
a.
attempt.
b.
felony.
c.
conspiracy.
d.
solicitation.
35. Which of the following is required to obtain a solicitation conviction?
a.
the person solicited must accept the offer
b.
the person soliciting must solicit specific individuals as opposed to a more general
audience
c.
the solicitor and the person solicited must enter into a conspiracy
d.
the person solicited must commit the crime
Chapter 8: Inchoate Crimes: Attempt, Conspiracy, and Solicitation
TRUE/FALSE
1. In most jurisdictions, inchoate crimes are punished at a lower level than the object or
completed crime.
a. true
b. false
2. Inchoate offenses require enough action to complete the crime intended.
a. true
b. false
3. Liability for criminal attempt offenses is based on two rationales.
a. true
b. false
4. The last proximate act rule is the strictest rule of attempt actus reus.
a. true
b. false
5. All inchoate offenses have a specific intent element.
a. true
b. false
6. Legal impossibility is a defense to the crime of attempt.
a. true
b. false
7. Factual impossibility is not a valid defense to the crime of attempt.
a. true
b. false
Instructor’s Resource Manual with Test Bank
8. The Model Penal Code approach to the actus reus of attempt involves substantial steps
that strongly corroborate the actor’s criminal purpose.
a. true
b. false
9. To be a valid defense, the abandonment of an attempt must be involuntary.
a. true
b. false
10. Conspiracy is a specific intent crime.
a. true
b. false
11. Under the modern approach, the fact that one conspirator has been acquitted prevents
the government from prosecuting the others for conspiracy.
a. true
b. false
12. In most modern codes, the criminal objective of conspiracy is limited to agreements to
commit crimes.
a. true
b. false
13. RICO stands for Racketeer Infiltrated and Corrupt Organizations.
a. true
b. false
14. In some jurisdictions, the crime of solicitation is limited to solicitation to commit
felonies.
a. true
b. false
Chapter 8: Inchoate Crimes: Attempt, Conspiracy, and Solicitation
15. The mens rea of inchoate crimes is always the purpose or specific intent to commit a
specific crime.
a. true
b. false
16. One purpose of requiring some overt acts in a conspiracy statute is to help ensure that
there really is a conspiracy.
a. true
b. false
17. Conspiracy mens rea isn’t clearly defined in modern legislation.
a. true
b. false
18. A person can be guilty of conspiracy even though they do not know all of the others in
the conspiracy.
a. true
b. false
19. Modern conspiracy statutes have clarified the mens rea element of the crime.
a. true
b. false
20. For the solicitor to be guilty of solicitation, the person solicited must commit the
solicited crime.
a. true
b. false
Instructor’s Resource Manual with Test Bank
COMPLETION
1. ______________ offenses require some action but not enough to complete the crime
intended.
2. RICO stands for Racketeer Influenced and____________ Organizations.
3. The mens rea of inchoate crimes is always the purpose or specific to
commit a specific crime.
4. The actus reus of attempt is an action that is beyond mere but not
enough to complete the crime.
5. ____________ impossibility is not a defense to an attempt crime.
6. Legal impossibility is a defense to attempt because of the principle of ____________.
7. Voluntary and abandonment of an attempt in progress is a defense to
attempt liability in about half the states.
Chapter 8: Inchoate Crimes: Attempt, Conspiracy, and Solicitation
8. Punishing conspiracy and solicitation to commit a crime is based on nipping in the bud
the special danger of group .
9. The heart of is the agreement between two or more people to commit
a crime.
10. ________________ is the crime of trying to get someone else to commit a crime.
ESSAY
1. Define, compare, and contrast attempt, solicitation, and conspiracy. Be sure to provide
an example of each.
2. What are the two rationales for the crime of attempt? Provide an example of each.
Instructor’s Resource Manual with Test Bank
3. Define, compare, and contrast the various approaches to the actus reus of attempt.
Provide an example of each. Which do you think is the best? Be sure to explain your
position.
4. Discuss legal and factual impossibility regarding liability. Explain why one is a
defense to attempt liability and one is not. Provide examples.
5. Describe the dilemma inchoate offenses present to free societies. Discuss the three
different ways the problem of inchoate offenses are resolved.