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42. After this crime was investigated, the police determined that Chad had also called his friend
Scott and convinced him to come over and help bury Megan. Scott had actually showed up that
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/an ________________
crime.
a. anticipatory
b. manslaughter
c. conspiracy
d. limitless
43. Because Chad convinced Scott to help in this crime, Chad could be charged with:
a. anticipatory.
b. solicitation.
c. conspiracy.
d. limitless.
Chad spent a couple years in prison for his previous charges. Once he was released he was still
determined to harm his ex-girlfriend. Chad stalks his ex-girlfriend Megan and ends up killing her
and burying her dead body in the Nevada desert.
44. Scott came out of criminal retirement and helped Chad bury Megan’s body. Scott could be
considered a/an:
a. solicitor.
b. aider and abettor.
c. sex post facto conspirator.
d. conspirator.
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45. Brian helps Chad hide out in his basement while the police are searching for him. Brian
could be charged with:
a. solicitation.
b. aiding and abetting.
c. ex post facto conspirator.
d. conspiracy.
46. Chad’s previous prison cell-mate Scott drove Chad to Megan’s house with the intent of
helping Chad dispose of the body. Scott helped Chad plan the murder, supplied him with the
weapon, and helped bury her in the desert. Chad could be considered a/an:
a. partner in crime.
b. accomplice.
c. criminal acquaintance.
d. unwilling accomplice.
47. Because Scott did not prevent this crime from occurring and even though he knew about it,
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. Associative
d. Indeterminate
Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs
together. When they are arrested the police find a fully automatic Tech-9 weapon. The other
three criminals stated they had no idea the fourth criminal had a weapon. All four were charged
in Federal Court.
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48. Under the _______ rule the other three criminals can be charged with the fully automatic
Tech-9 weapon.
a. Rosa
b. Possession
c. Brinks
d. Pinkerton
49. The other three criminals can be charged with the fully automatic Tech-9 weapon because:
a. of the rebuttable presumption that if the leader of the group is guilty, all are
guilty.
b. of the conclusive presumption that if the leader of the group is guilty, all are
guilty.
c. in conspiracy cases, the rule is guilty until proven innocent.
d. it was foreseeable and done in furtherance of the conspiracy.
50. During the investigation of this drug offense one of the criminals provided false and
misleading information to the police. This could fall under the category of:
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
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52. Broadly speaking, an action taken after a crime has been committed is called a/an:
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 is not an example of a post-crime offense?
a. Cheating on your taxes
b. Obstructing justice
c. Committing perjury
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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; this is called the
_______ rule.
a. Pinkerton
b. general liability
c. Brinks
d. Wharton
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59. Someone who aids in the preparation of a crime but is not present at the time the crime was
committed is called a/an:
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/an:
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 a/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.
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64. The US 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/an _________ after the fact.
68. The principle of ____________ liability holds a defendant legally responsible for the
unlawful conduct of others that he aids and abets.
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69. Asking someone to commit a crime is known as ________________.
70. For most __________ liability crimes, a person cannot be convicted of attempt.
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 _____.
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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 a/an ____.
76. Explain how criminal law would 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. Discuss the types of impossibility defenses that have been rejected by the US Supreme Court.
What type of impossibility defense is still viable?
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79. Some conspiracy statutes require evidence of an overt act by one of the co-conspirators.
Discuss the justification for such a requirement. Give an example of the type of case where an
overt act might 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. Discuss the Supreme Court’s decision regarding the
existence of a conspiracy. Explain the Court’s reasoning behind its decision.
81. Explain the theory of “what one did, they all did” in determining criminal liability in a
conspiracy. Give an example.
82. Explain the mens rea of the crime of attempt.
83. Identify the circumstances where abandonment of the criminal purpose may have an effect
on liability for an attempt, or liability for criminal acts done in a conspiracy.
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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. In what ways
is the impact 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.