Essential Criminal Law 2nd Edition By Lippman – Test Bank

 

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Chapter 5: Attempt, Solicitation, and Conspiracy

Test Bank

 

Multiple Choice

 

1. The form of attempt that arises where the perpetrator makes a mistake, such as aiming and firing the gun only to realize that it is not loaded, is called:
2. incomplete attempt
3. complete attempt
4. impossible attempt
5. potential attempt

Ans: C

Learning Objective: 5-1: Understand the mens rea and actus reus of criminal attempts.

Cognitive Domain: Comprehension

Answer Location: Attempt
Difficulty Level: Easy

 

2. Under the following Model Penal Code approach, an act must be a clear step toward the commission of a crime in order to constitute an attempt:
3. physical proximity
4. attempt progression
5. step proximity
6. substantial step

Ans: D

Learning Objective: 5-1: Understand the mens rea and actus reus of criminal attempts.

Cognitive Domain: Comprehension

Answer Location: Actus Reus of Attempt
Difficulty Level: Easy

 

3. Jake and Jill form an agreement to commit an armed robbery. As a result, they have committed the crime of:
4. conspiracy
5. armed robbery
6. solicitation
7. attempt

Ans: A

Learning Objective: 5-3: Understand the mens rea and the actus reus of conspiracy.

Cognitive Domain: Comprehension

Answer Location: Conspiracy
Difficulty Level: Easy

 

4. Ginger and Phil plotted to carjack a motorist and steal the person’s car. They obtained guns and ski masks and selected an isolated location to carry out their plot. Additionally, they asked Sarah to take them to the bank and wait for them. They did not inform Sarah that they would be robbing a bank while there. On the day of the robbery, Ginger and Phil completed the robbery and ran out of the bank toward Sarah’s car. However, the police responded before Sarah could drive away and arrested all three individuals. Which of the following is true?
5. By agreeing to transport Ginger and Phil to and from the bank, Sarah committed the crime of conspiracy.
6. By agreeing to transport Ginger and Phil to and from the bank, Sarah committed the crime of solicitation.
7. Under the Model Penal Code, Ginger and Phil are not guilty of solicitation.
8. Under the Model Penal Code, Ginger and Phil are guilty of solicitation.

Ans: D

Learning Objective: 5-2: Know the mens rea and actus reus of solicitation.

Cognitive Domain: Application

Answer Location: Model Penal Code: Criminal Solicitation
Difficulty Level: Hard

 

5. Richard and Robert were convicted of bribery of a public official and the conspiracy to bribe the public official. Which of the following is true?
6. The convictions violated the Pinkerton doctrine.
7. The convictions violated Wharton’s rule.
8. The convictions violated the Gebardi rule.
9. Richard and Robert’s convictions were proper.

Ans: B

Learning Objective: 5-3: Understand the mens rea and actus reus of conspiracy.

Cognitive Domain: Application

Answer Location: Conspiracy: Criminal Objectives
Difficulty Level: Medium

 

6. Which of the following terms is based on the requirement that both parties to a conspiracy intentionally enter an agreement to commit the crime that is the objective of the conspiracy?
7. bilateral requirement
8. unilateral requirement
9. proximity requirement
10. two-party requirement

Ans: A

Learning Objective: 5-1: Understand the mens rea and actus reus of conspiracy.

Cognitive Domain: Knowledge

Answer Location: Conspiracy: Parties
Difficulty Level: Easy

 

7. Which of the following is a conspiracy that involves a single person or a group that serves as a hub connecting various independent individuals or groups?
8. joint conspiracy
9. chain conspiracy
10. hierarchical conspiracy
11. wheel conspiracy

Ans: D

Learning Objective: 5-3: Understand the mens rea and actus reus of conspiracy.

Cognitive Domain: Knowledge

Answer Location: The Structure of Conspiracies
Difficulty Level: Easy

 

8. Several individuals entered into an agreement to import, sell, and distribute illegal contraband. The various individuals were assigned different tasks in furtherance of their goals. After an extensive sting operation, the individuals were arrested and charged with conspiracy. Which of the following terms describes this conspiracy?
9. group conspiracy
10. joint conspiracy
11. chain conspiracy
12. wheel conspiracy

Ans: C

Learning Objective: 5-3: Understand the mens rea and actus reus of conspiracy.

Cognitive Domain: Comprehension

Answer Location: The Structure of Conspiracies
Difficulty Level: Easy

 

9. A specific intent that another individual commit a crime is the mens rea of which of the following?
10. renunciation
11. attempt
12. conspiracy
13. solicitation

Ans: D

Learning Objective: 5-2: Know the mens rea and actus reus of solicitation.

Cognitive Domain: Knowledge

Answer Location: Solicitation
Difficulty Level: Easy

 

10. Punishment for which of the following crimes has raised concerns about infringement upon an individual’s First Amendment rights?
11. conspiracy
12. solicitation
13. attempt
14. RICO violation

Ans: B

Learning Objective: 5-2: Know the mens rea and actus reus of solicitation.

Cognitive Domain: Knowledge

Answer Location: Solicitation: Public Policy
Difficulty Level: Easy

 

True/False

1. The Model Penal Code recognizes the defense of abandonment where an individual completely and voluntarily renounced his/her criminal purpose.

Ans: T

Learning Objective: 5-1: Understand the mens rea and actus reus of criminal attempts.

Cognitive Domain: Knowledge

Answer Location: Abandonment
Difficulty Level: Easy

 

2. The mens rea of conspiracy is the intent to achieve the object of the agreement.

Ans: T

Learning Objective: 5-3: Understand the actus reus and mens rea of conspiracy.

Cognitive Domain: Knowledge

Answer Location: Conspiracy: Overt Act
Difficulty Level: Easy

 

3. Under the common law, the act of conspiracy requires an overt act in addition to an agreement between two or more persons to commit a criminal act.

Ans: F

Learning Objective: 5-3: Understand the mens rea and actus reus of conspiracy.

Cognitive Domain: Knowledge

Answer Location: Conspiracy
Difficulty Level: Easy

 

4. The Model Penal Code states that to constitute an attempt, an act must be a clear step toward the commission of a crime.

Ans: T

Learning Objective: 5-1: Understand the mens rea and actus reus of criminal attempts.

Cognitive Domain: Knowledge

Answer Location: Actus Reus of Attempt
Difficulty Level: Easy

 

5. A factual impossibility is a defense to an attempt to commit a crime.

Ans: F

Learning Objective: 5-1: Understand the mens rea and actus reus of criminal attempts.

Cognitive Domain: Impossibility

Answer Location: Knowledge
Difficulty Level: Easy

 

6. Ann and Sue entered into a conspiracy to commit murder. At trial, Sue was found not guilty by reason of insanity. As a result, under the Model Penal Code, Ann should also be acquitted of conspiracy.

Ans: F

Learning Objective: 5-3: Understand the mens rea and actus reus of conspiracy.

Cognitive Domain: Application

Answer Location: Conspiracy: Parties
Difficulty Level: Medium

 

7. Walt planned to go on a crime spree breaking into cars late at night. In furtherance of his plan, he bought a crowbar to break into the cars and dark clothes to wear. The day of his planned crime spree, Walt had a change of heart and decided not to break into any cars. He also returned the items he purchased. As a result, Walt has a legitimate defense to a charge of attempted burglary.

Ans: T

Learning Objective: 5-1: Understand the mens rea and actus reus of criminal attempts.

Cognitive Domain: Comprehension

Answer Location: Abandonment
Difficulty Level: Easy

 

8. One difference between various states’ statutes on conspiracy is whether an overt act is required to carry out the conspiracy.

Ans: T

Learning Objective: 5-3: Understand the mens rea and actus reus of conspiracy.

Cognitive Domain: Comprehension

Answer Location: Conspiracy
Difficulty Level: Easy

 

9. The Model Penal Code incorporates the Gebardi rule.

Ans: T

Learning Objective: Comprehension

Cognitive Domain: 5-3: Understand the mens rea and actus reus of conspiracy.

Answer Location: Model Penal Code Diagram: Analysis
Difficulty Level: Medium

 

10. The doctrine of inherent impossibility prohibits punishing an individual for a crime that does not exist.

Ans: F

Learning Objective: 51: Understand the mens rea and actus reus of criminal attempts.

Cognitive Domain: Knowledge

Answer Location: Impossibility
Difficulty Level: Easy

 

Essay

 

1. Bob and George planned to rob a series of houses in a local neighborhood. In addition to casing the neighborhood, the men carefully planned which night they would burglarize each particular house, and they gathered tools specific to each burglary. Additionally, they based their decisions of what house to burglarize on a given day on details they learned about the residents’ schedules. The night before the planned burglary of the Smiths’ house, Bob and George cased the house once more. The following evening, they went back to the house at 8 p.m., expecting the Smiths to be gone for the evening. To their surprise, the Smiths were at home.

 

Law enforcement investigation later revealed that Bob and George were suspects in a series of home burglaries. Pursuant to a search warrant, the police seized the pair’s detailed plans, including the plans to burglarize the Smiths’ house. Bob and George were charged with multiple counts of burglary as well as the attempted burglary of the Smiths’ house. What legal concept is implicated by this scenario, and what is the likely outcome?

Ans: This scenario raises the issue of abandonment of an attempted crime and whether Bob and George should be found guilty of the attempted burglary of the Smiths’ home. Because they had to abandon their plans to burglarize the home that night, they might argue that they are not guilty of attempt. However, the renunciation of their plans was not based on voluntary abandonment of the crime. In fact, had the Smiths been away as expected, Bob and George would have carried out their criminal plans. As stated in the text, abandonment “is a defense to attempt when an individual freely and voluntarily undergoes a change of heart and abandons the criminal activity.” As a result, Bob and George’s defense of abandonment should fail, and they should be found guilty of attempt.

Learning Objective: 5-1: Understand the mens rea and actus reus of criminal attempts.

Cognitive Domain: Analysis

Answer Location: Abandonment
Difficulty Level: Medium

 

2. What are the three types of inchoate crimes? Define and provide an example of each type of inchoate crime.

Ans: (Example answers will vary). There are three types of inchoate crimes: attempt, solicitation, and conspiracy. First, an attempt is an unsuccessful effort to commit a crime; for instance, a defendant who shoots a victim intending to kill the victim but fails to do so because the victim does not die is attempted murder. Second, solicitation is the commanding, hiring, or encouraging of another to commit a crime; for instance, if instead of shooting the victim, the defendant hires someone else to shoot the victim, the defendant commits the crime of solicitation. Third, a conspiracy occurs when two or more persons create an agreement to commit a criminal act. If the defendant and another person agree to kill the victim, the agreement constitutes a conspiracy. The applicable law will determine whether an agreement is sufficient to constitute conspiracy or if an overt act is required.

Learning Objective: 5-1: Understand the mens rea and actus reus of criminal attempts; 5-2. Know the mens rea and actus reus of solicitation; 5-3. Understand the mens rea and actus reus of conspiracy.

Cognitive Domain: Analysis

Answer Location: Attempt/Solicitation/Conspiracy
Difficulty Level: Medium

 

3. Discuss the rationales for punishing the crime of solicitation.

Ans: There are multiple rationales for punishing solicitation. First, solicitation involves cooperation among criminals. Individuals typically encourage and support one another, which creates a strong likelihood that the crime will be committed. Second, solicitation creates a social danger because an individual who is sufficiently motivated to enlist the efforts of a skilled professional criminal clearly poses a continuing social danger. Third, punishing the crime of solicitation allows for the intervention of the police before a crime is fully implemented. This is important because the police should not be placed in the position of having to wait for an offense to occur before arresting individuals intent on committing a crime.

Learning Objective: 5-2: Know the mens rea and actus reus of solicitation.

Cognitive Domain: Analysis

Answer Location: Solicitation: Public Policy
Difficulty Level: Medium

 

4. What is the difference between factual impossibility and legal impossibility?

Ans: Factual impossibility occurs when a defendant possesses a criminal intent but the criminal act was prevented because of an extraneous factor, which is an event outside of the defendant’s control. Factual impossibility is not recognized by the Model Penal Code and is not a valid defense to the crime of attempt. Legal impossibility, on the other hand, is an affirmative defense to the crime of attempt. Legal impossibility occurs when an individual mistakenly believes that he or she is acting illegally.

Learning Objective: 5-1: Understand the mens rea and actus reus of criminal attempts.

Cognitive Domain: Analysis

Answer Location: Impossibility
Difficulty Level: Medium

 

5. What are the actus reus and mens rea of conspiracy?

Ans: The actus reus of conspiracy requires an act of entering into an agreement to commit a crime. Under some modern statutes, it is satisfied by even an insignificant act that is far removed from the commission of a crime. There are two standards to the mens rea of conspiracy. The knowledge standard requires that a conspirator be aware of the illegal activity that another is engaging in. The purpose standard, which is a higher standard, requires that a conspirator must possess the intent to actually further the illegal activity.

Learning Objective: 5-3: Understand the mens rea and actus reus of conspiracy.

Cognitive Domain: Comprehension

Answer Location: Conspiracy: Actus Reus/Conspiracy: Mens Rea
Difficulty Level: Easy