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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 conspiracy 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
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5. The Model Penal Code would provide a defense to a conspiracy charge where a conspirator
“thwarted the success of the conspiracy, under circumstances manifesting a complete and
voluntary renunciation of his criminal purpose.”
a. True
b. False
6. “What one did they all did” 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
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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.
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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 withdrawal 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, ______ was used extensively by the English Court of the Star Chamber?
a. attempt
b. conspiracy
c. solicitation
d. obstruction of justice
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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.
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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 is only those necessary by factual circumstance to:
a. commit the crime.
b. get away with the crime.
c. plan the crime.
d. None of these is correct.
22. In all of the following circumstances except one 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. attempts but fails to stop it.
23. The US 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. the object of the conspiracy is illegal.
d. agreement to commit a crime.
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24. A conspiracy to commit an unlawful act is known as a:
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
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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 a(n) _____
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.
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c. not guilty of an attempt.
d. None of these choices.
32. “A person who is a party to an agreement to commit an unlawful act,” is the definition of
a/an:
a. accessory after the fact
b. aider
c. abettor
d. 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/an:
a. solicitor.
b. aider and abettor.
c. co-conspirator.
d. solicitee.
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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. cannot be found.
d. all of these choices are correct.
38. The Wharton Rule requires that crimes needing more than one person for commission, such
as bigamy, require ______ people for a conspiracy conviction.
a. three or more
b. four or more
c. five or more
d. two or more
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39. Which impossibility defense 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 Roso gets into an argument with his girlfriend Megan Kole and threatens to kill her. He
tells her he is going into his bedroom to get his gun and then she “is down!” Megan calls the
police, who arrive within two minutes and bust down the door just in time to see Chad pointing
his gun at Megan screaming, “I’m going to kill you!” The police utilize their Taser and shock
Chad before he is able to kill Megan.
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.