Criminal Law 7th Edition by John M. Scheb - Test Bank

Criminal Law 7th Edition by John M. Scheb – Test Bank

 

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Sample Questions Are Posted Below

 

Exam Questions

Chapter 5: Inchoate Offenses

 

 

True/False:

 

1. Under the common law, the inchoate offenses were felonies.

 

ANS: F               REF: 119         LO: 1

 

2. Solicitation was not recognized as an offense at common law.

 

ANS: F               REF: 122         LO: 1

 

3. Conspiracy is now defined by statute in both federal and state jurisdictions.

 

ANS: T               REF: 123         LO: 1

 

4. Where a substantive offense itself is defined as including an attempt, the defendant should not be found guilty of an attempt to commit that offense.

 

ANS: T               REF: 122         LO: 3

 

5. The crimes of attempt and conspiracy both merge into target offenses.

 

ANS: F               REF: 131         LO: 6

 

6. A person who solicits another to commit a crime would not be found guilty of solicitation if a police officer intervened and prevented the completion of the solicited crime.

 

ANS: F               REF: 125         LO: 5

 

7. Legally, solicitation is a more serious crime than attempt, regardless of the target crime.

 

ANS: F               REF: 125         LO: 6

 

8. To be found guilty of conspiracy, one must join the conspiracy at its inception.

 

ANS: F               REF: 130         LO: 6

 

9. Conspiracy is a separate and distinct crime that does not necessarily have to merge into the “target offense.”

 

ANS: T               REF: 131         LO:  6

 

10. At common law, a husband and wife could not be found guilty of conspiring with one another.

 

ANS: T               REF: 126         LO: 7

 

11. Most American jurisdictions define the inchoate offenses by statute, but their development has been primarily through the courts.

 

ANS: T               REF: 119         LO: 1

 

12. To prevent a person from being punished simply based on intent, laws defining criminal attempt often require an overt act that constitutes a substantial step toward the commission of an offense.

 

ANS: T               REF: 119         LO: 2

 

13. When it comes to proving criminal intent in a prosecution for an attempted crime, most courts require the prosecutor to prove at least the level of intent required for the target crime.

 

ANS: T               REF: 121         LO: 2

 

14. Legally, there can be no attempt to commit a crime which, by definition, embraces an attempt.

 

ANS: T               REF: 122         LO: 3

 

15. An attempt that completes a substantive crime merges into the target offense, making the actor guilty of the target crime but not also the attempt.

 

ANS: T               REF: 121         LO: 3

 

16. If the crime solicited is committed or attempted by the solicitee, then the offense of solicitation ordinarily merges into the target crime.

 

ANS: T               REF: 125         LO: 4

 

17. In a solicitation case, the prosecution must establish that the solicitor had the requisite intent for the crime solicited.

 

ANS: T               REF: 125         LO: 5

 

18. Unlike criminal attempt, conspiracy does not merge into the target offense; it remains a separate prosecutable offense.

 

ANS: T               REF: 131         LO: 6

19. Wharton’s Rule holds that two people cannot conspire to commit a crime such as adultery, incest, or bigamy because these offenses require only two participants.

 

ANS: T               REF: 131         LO: 8

 

20. One cannot be guilty of an attempt to commit a crime that is factually impossible to commit.

 

ANS: F               REF: 122         LO: 10

 

 

Multiple Choice:

 

1. During the 1800s, inchoate offenses were recognized as ____ by the English common law.
   1. capital crimes
   2. misdemeanors
   3. felonies
   4. torts

 

ANS: B               REF: 119         LO: 1

 

2. The most frequently charged inchoate offense is __________.
   1. conspiracy
   2. attempt
   3. solicitation
   4. none of these

 

ANS: B               REF: 119         LO: 1

 

3. State penal codes often specifically provide for attempts to commit the most serious crimes such as murder. The remaining offenses are then covered by _____________.
   1. the common law
   2. the Model Penal Code
   3. judicial
   4. a general attempt statute

 

ANS: D               REF: 119         LO: 1

 

4. Inchoate offenses are designed ______________________________ .
   1. to define activity that is directed toward completion of a crime
   2. to enable law enforcement officers to terminate criminal conduct at an early stage
   3. to allow police to apprehend dangerous persons before they accomplish their criminal objectives
   4. All of these

 

ANS: D               REF: 119         LO: 1

 

5. Most American jurisdictions now define the inchoate crimes by _____________.
   1. the common law
   2. executive order
   3. statute
   4. judicial decision

 

ANS: C               REF: 119         LO: 1

 

6. A defendant cannot be found guilty of attempt if _______.
   1. it is legally impossible to commit the attempted offense
   2. he or she is convicted of conspiracy to commit the same crime
   3. the attempt is unsuccessful
   4. All of these

 

ANS: A               REF: 122         LO: 2

 

7. Some jurisdictions have laws providing that it is a defense to the crime of ________ if the defendant voluntarily abandons its completion
   1. attempt
   2. perjury
   3. rape
   4. None of these

 

ANS: A               REF: 122         LO: 2

 

8. Federal courts have recognized the requisite elements of attempt as (1) an intent to engage in criminal conduct, and (2) the performance of an act that constitutes a (an) ______________.
   1. conspiracy
   2. prohibited substantive crime in and of itself
   3. substantial step toward the completion of the substantive offense
   4. None of these

 

ANS: C               REF: 120         LO: 3

 

9. Where a criminal offense is specifically defined as including a (an) _____, a defendant who is found guilty should be convicted of the substantive offense, and not of an attempt to commit that offense.
   1. conspiracy
   2. solicitation
   3. attempt
   4. None of these

 

ANS: C               REF: 120         LO: 3

 

10. Which of the following substantive crimes would most likely embrace an attempt?
    1. murder
    2. rape
    3. uttering a forged instrument
    4. None of these

 

ANS: C               REF: 122         LO: 3

 

11. Jones paid Smith $5,000 to kidnap Brown. En route to Brown’s home, Smith’s efforts were foiled by the police. Jones may be prosecuted for ___________.
    1. attempted kidnapping
    2. solicitation
    3. compounding a crime
    4. no offense because the kidnapping did not occur

 

ANS: B               REF: 123-24   LO: 4

 

12. Commission of the crime of ___________ may be perpetrated through an intermediary.
    1. attempt
    2. adultery
    3. solicitation
    4. none of these

 

ANS: C               REF: 123         LO: 5

 

13. In some states, a defense to a charge of ___________ is if the defendant can prove that he or she prevented completion of the target crime under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
    1. perjury
    2. attempt
    3. subornation
    4. solicitation

 

ANS: D               REF: 126         LO: 10

 

14. A person who paid another to commit kidnapping could still be found guilty of ________ if a police officer intervened and prevented the abduction.
    1. solicitation
    2. assault
    3. attempt
    4. injunction

 

ANS: A               REF: 123-24   LO: 4

 

 

15. To be guilty of conspiracy, one must __________________.
    1. know and see one’s co-conspirators
    2. be a party to an explicit agreement to commit a crime
    3. be unsuccessful in committing the target crime
    4. None of these is correct.

 

ANS: D               REF: 126         LO: 6

 

16. In general, the “actus reus” of the crime of conspiracy is _____________.
    1. the act of solicitation
    2. an attempt
    3. an unlawful agreement
    4. a substantial step to effectuate the conspiracy

 

ANS: C               REF: 128         LO: 6

 

17. To obtain a conviction for conspiracy, the prosecution generally must prove that the defendant intended to further the unlawful object of the conspiracy, and such intent must exist in the minds of _______ of the parties to the conspiracy.
    1. All
    2. at least two
    3. at least one
    4. None of these

 

ANS: B               REF: 129         LO: 6

 

18. While the crime of solicitation merely requires an enticement, the offense of __________ entails an agreement.
    1. misprision of felony
    2. compounding a crime
    3. aiding and abetting
    4. conspiracy

 

ANS: D               REF: 125         LO: 6

 

19. In Callanan v. United States (1961), Supreme Court Justice Felix Frankfurter observed that “the danger which a(n) ________ generates is not confined to the substantive offense which is the immediate aim of the enterprise.”
    1. conspiracy
    2. riot
    3. attempt
    4. unlawful assembly

 

ANS: A               REF: 127         LO: 6

 

 

20. Conspiracy is now defined by statute in __________ jurisdictions.
    1. both federal and state
    2. most state
    3. federal but not most state
    4. neither federal nor state

 

ANS: A               REF: 126         LO: 6

 

21. The range of criminal conspiracies includes ____________________.
    1. deprivations of civil rights
    2. illicit drug trafficking
    3. violations of antitrust laws
    4. all of these

 

ANS: D               REF: 128         LO: 6

 

22. The legal doctrine that holds that two people cannot conspire to commit a crime such as adultery, incest, or bigamy since these offenses require two participants is known as _______.
    1. the Pinkerton Rule
    2. the principle that conspiracy does not merge into the target offense
    3. Wharton’s Rule
    4. the concept that conspiracy is not applicable to commission of any offenses involving sexual conduct

 

ANS: C               REF: 131         LO: 8

 

23. Under the _____________ Rule, a member of a conspiracy is liable for offenses committed by others in furtherance of the conspiracy.
    1. Wharton
    2. vicarious liability
    3. Pinkerton
    4. Anders

 

ANS: C               REF: 129-30   LO: 9

 

24. In ____________ (1946), a man was charged with conspiring with his brother for to violate the federal tax laws, including some offenses allegedly committed by his brother during times that he was incarcerated.
    1. Pinkerton v. United States
    2. Callanan v. United States
    3. Leary v. United States
    4. Marchetti v. United States

 

ANS: A               REF: 129-30   LO: 9

 

25. In some states, statutes specifically provide for a defense of withdrawal from and renunciation of ______________.
    1. a criminal solicitation
    2. a criminal attempt
    3. a conspiracy
    4. none of these

 

ANS: C               REF: 132         LO: 10

 

 

Completion:

 

1. An ____________ offense is one involving activity or steps directed toward the completion of a target crime.

 

ANS: inchoate

REF: 119             LO: 1

 

2. Inchoate offenses include attempt, solicitation, and ____________.

 

ANS: conspiracy

REF: 119             LO: 1

 

3. The most frequently charged of the inchoate crimes is ____________.

 

ANS: attempt

REF: 119             LO: 1

 

4. Even where state statutes defining the inchoate offense of ___________ do not include the term “substantial” in defining the act requirement, courts usually impose that requirement.

 

ANS: attempt

REF: 119             LO: 2

 

5. A criminal attempt includes a ____________ step toward the commission of a target crime.

 

ANS: substantial

REF: 119             LO: 2

 

6. Courts differ on whether ___________ is more heinous than attempt.

 

ANS: solicitation

REF: 125             LO: 5

 

 

7. An agreement between two or more persons to commit a criminal offense, usually a felony, is referred to as a _________.

 

ANS: conspiracy

REF: 126             LO: 6

 

8. The essence of the offense of ____________ is the mutual agreement of at least two persons to commit a crime and such agreement is usually inferred from their acts and the surrounding circumstances.

 

ANS: conspiracy

REF: 128             LO: 6

 

9. Under _________ Rule, two people cannot conspire to commit a crime such as incest or bigamy because these offenses require only two participants.

 

ANS: Wharton’s

REF: 131             LO: 8

 

10. Courts regard each conspirator’s actions as the actions of the other conspirators. This is known as the _________ Rule.

 

ANS: Pinkerton

REF: 129-30       LO: 9

 

11. Statutes generally provide that whoever commands, encourages, or requests another to commit an offense is guilty of _______________.

 

ANS: solicitation

REF: 123             LO: 4

 

21. Numerous federal statutes define solicitation in various contexts. Irrespective of the statutory language courts often require the prosecution to establish the defendant’s ________________.

 

ANS: specific intent

REF: 125             LO: 5

 

22. The actus reus of conspiracy is an unlawful _____________ between at least two persons to commit a crime.

 

ANS: agreement

REF: 128             LO: 6

 

 

23. ____________ holds that two people cannot conspire to commit a crime such as adultery, incest, or bigamy because these offenses require at least two participants.

 

ANS: Wharton’s Rule

REF: 131             LO: 8

 

24. In the absence of a requirement of an ________________, a conspiracy statute potentially infringes the First Amendment freedoms.

 

ANS: overt act

REF: 131             LO: 7

 

25. In many jurisdictions it is a defense to a charge of committing an attempt if it would be __________ impossible to commit the target crime.

 

ANS: legally

REF: 122             LO: 10

 

26. The ____________ Rule holds that conspirators are agents of one another bound by the acts of their coconspirators, so each conspirator is responsible for the acts of the others within the context of their common design.

 

ANS: Pinkerton

REF: 129-30       LO: 9

 

27. The Model Penal Code provides that the accused’s complete and voluntary ________ of his criminal purpose is a defense to a charge of solicitation.

 

ANS: renunciation; abandonment

REF: 126             LO: 10

 

28. In some states, statutes specifically provide for a defense of withdrawal from and renunciation of a(n)_________________.

 

ANS: conspiracy

REF: 132             LO: 10

 

29. Statements made in furtherance of a conspiracy may be admitted into evidence, which is an exception to the rule that ordinarily excludes admission of __________ statements at trial.

 

ANS: hearsay

REF: 130             LO: 9

 

 

 

Critical Thinking:

 

A state statute defines conspiracy as “an unlawful agreement to commit a crime.”    Members of a local animal rights group now find themselves in court facing a charge of conspiracy to commit the offenses of criminal trespass and willful destruction of property. The state is not alleging that the target offenses took place, but merely a conspiracy. The evidence consists of statements made by members of the group via email, message boards and chat rooms regarding an upcoming protest at an animal research facility.

 

1. A key legal question in this case is whether:
   1. the conspiracy statute requires proof of an overt act in furtherance of the conspiracy.
   2. the individuals named in the indictment actually made the alleged statements
   3. the offense of conspiracy merges into the target crimes identified in the indictment
   4. the members of the alleged conspiracy actually intended to commit the target crimes identified in the indictment

 

ANS: A               REF: 126-27               LO: 7

 

2. The most likely constitutional defense in this case is one based on:
   1. the Fourth Amendment
   2. the Fifth Amendment
   3. the Ninth Amendment
   4. the First Amendment

 

ANS: D               REF: 131                     LO: 7

 

After an extended period of kissing on the couch, J.J. forces his hand inside Mary’s blouse. Mary says, “No, stop,” but J.J. persists. He pins Mary to the couch, reaches under her skirt and pulls down her panties. At this point Mary’s roommate appears on the scene and J.J. stops, apologizes and leaves. Mary calls the police.

 

3. Based on these facts, J.J. appears to be guilty of:
   1. rape
   2. solicitation
   3. attempted rape
   4. no offense

 

ANS: C               LO: 2               REF: 119

 

4. Had J.J. stopped, apologized and departed immediately after Mary said, “No, stop,” J.J. would have been guilty of:
   1. rape
   2. solicitation
   3. attempted rape
   4. no offense

 

ANS: D               LO: 10                         REF: 121

Margo and Jeffrey, who are brother and sister, are charged with incest and conspiracy to commit incest. The state plans to call both their spouses as witnesses. Both spouses will testify regarding phone calls they overheard and emails they found indicating an agreement between Margo and Jeffrey to meet at a hotel for the purpose of committing incest. One of the spouses will also testify that he went to the hotel room where he found Margo and Jeffrey together, although they were merely talking at the time.

 

5. Assuming insufficient evidence to prosecute Margo and Jeffrey for incest, the legal barrier against prosecuting them for conspiracy to commit incest is:
   1. the Pinkerton Rule
   2. Wharton’s Rule
   3. Hale’s Rule
   4. the overbreadth doctrine

 

ANS: B               LO: 8               REF: 131

 

Jimmy Johansen is a “hit man” who has committed a series of contract killings at the behest of a local drug kingpin. Johansen has now been paid $50,000 to kill two police officers and has decided to subcontract one of the killings to Roger Reems, a man he recently met in a bar frequented by gangsters. Johansen has given Reems $10,000 and the necessary information about the intended victim. It turns out, however, that Reems is a police informant who immediately goes to police, turns over the money and informs them of the plan.

 

6. Based on these facts, Johansen is guilty of the offense of:
   1. attempted murder
   2. extortion
   3. solicitation
   4. bribery

 

ANS: C               LO: 6               REF: 126

 

7. Reems is guilty of:
   1. conspiracy
   2. extortion
   3. attempted murder
   4. no offense

 

ANS: D               LO: 6               REF: 126

 

Donald Dexter, who is the mayor of Anytown, Yourstate has been charged with attempted embezzlement after it was alleged that he attempted to use city funds to pay for a lavish personal meal for himself and ten of his political supporters. The waiter who served the meal (who happened to be a friend of a woman running to replace Mayor Dexter) called the prosecutor’s office and informed them that when Mayor Dexter was presented with the $825 bill for the meal, he first tendered a procurement card issued by the city. However, before the waiter left the table, Dexter retrieved the procurement card and replaced it with his own credit card. Under the Yourstate statute, an attempt consists of: “(1) the intent to commit a particular crime; (2) an overt act toward the commission of that crime; and (3) the failure to complete the commission of that crime.”

 

8. The most likely legal question in this case is:
   1. whether offering and then retrieving the procurement card constitutes an overt act within the meaning of the state attempt statute
   2. whether the waiter had an improper motive in reporting the incident to the prosecutor’s office
   3. whether Dexter’s initial offering of the procurement card was inadvertent or manifested an intent to use city funds to pay for the meal
   4. whether the city’s laws prohibited the use of city funds to pay for benefits to the political supporters of city officials

 

ANS: A               LO: 2               REF: 120-121

 

9. A key factual question in this case is:
   1. whether offering and then retrieving the procurement care constitutes an overt act within the meaning of the state attempt statute.
   2. whether the waiter had an improper motive in reporting the incident to the prosecutor’s office.
   3. whether Dexter’s initial offering of the procurement card was inadvertent or manifested an intent to use city funds to pay for the meal.
   4. whether the city’s laws prohibited the use of city funds to pay for benefits to the political supporters of city officials.

 

ANS: C               LO: 2               REF: 120-121

 

10. Based on a similar but real case discussed in the textbook, a conviction in this case likely would be:
    1. not reviewed by a state appellate court.
    2. thrown out by a state appellate court.
    3. upheld by a state appellate court.
    4. reviewed by the U.S. Supreme Court.

 

ANS: B               LO: 2               REF: 120-121

 

 

Essay:

 

1. What are some of the benefits of a society’s criminalizing certain conduct preparatory to the commission of substantive crimes?

 

ANS: Responses will vary         REF: 119         LO: 1

 

2. Explain how an attempt to commit a crime differs from possessing the intent to commit a crime.

 

ANS: Responses will vary         REF: 119-21   LO: 2

 

3. Explain why an attempt requires a substantial step toward the commission of a crime, and give a specific example that illustrates your explanation.

 

ANS: Responses will vary         REF: 119 –20  LO: 3

 

4. A state statute makes it a crime “to endeavor to pass a forged document as a genuine document in exchange for something of value.” Would a defendant who offered a forged check in exchange for merchandise be guilty of a criminal attempt? Explain your answer.

 

ANS: Responses will vary         REF: 122         LO: 3

 

5. If a willing buyer purchases illicit drugs from a willing seller on a single occasion, would a charge of conspiracy against the two be upheld by the courts? Why or why not?

 

ANS: Responses will vary         REF: 126-27   LO: 5

 

6. In what respects does the offense of solicitation differ from the offense of conspiracy?

 

ANS: Responses will vary         REF: 122-24, 126-28  LO: 6

 

7. What criticisms are leveled at conspiracy laws? How are such criticisms rebutted?

 

ANS: Responses will vary         REF: 131         LO: 7

 

8. Why do courts consider conspiracy to be a separate crime that does not merge into the object of the conspiracy?

 

ANS: Responses will vary         REF: 131         LO: 6

 

9. Why do statutes defining conspiracy often require proof of an overt act in furtherance of the conspiracy? What problems can arise in the absence of such an requirement?

 

ANS: Responses will vary         REF: 126-27   LO: 7

 

10. Explain the defense of renunciation as it relates to the crime of conspiracy.

 

ANS: Responses will vary         REF: 132         LO: 10