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Criminal Law
Q:
Regarding attempt actus reus, which test asks whether defendants have come "dangerously close" to completing the crime?
a. the all but the last act test.
b. the dangerous proximity to success test.
c. indispensable element test.
d. the unequivocality test.
Q:
Which of the following is one of the problems with the "all but the last act" test?
a. it excludes some dangerous conduct that falls short of the last proximate act.
b. it includes some dangerous conduct that falls short of the last proximate act.
c. it excludes most dangerous conduct that falls short of the last proximate act.
d. none of these answers is correct.
Q:
Attempt actus reus is
a. taking some steps toward completing a crime.
b. taking most steps toward completing a crime.
c. taking all steps toward completing a crime.
d. taking no steps toward completing a crime.
Q:
Which of the following is true of inchoate crimes?
a. they"re specific crimes.
b. they apply to many crimes.
c. stand partly in the general and partly in the special part of law.
d. all of these answers are true of inchoate crimes.
Q:
Trying to get someone else to commit a crime is known as
a. criminal attempt.
b. criminal conspiracy.
c. criminal solicitation.
d. none of these answers is correct.
Q:
Making agreements to commit crimes is known as
a. criminal attempt.
b. criminal conspiracy.
c. criminal solicitation.
d. none of these answers is correct.
Q:
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
Q:
The crime of trying to get someone else to commit a crime is known as
a. attempt.
b. felony.
c. conspiracy.
d. solicitation.
Q:
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.
Q:
What Act is a specialized conspiracy law frequently utilized against organized and white collar crime?
a. RACO
b. RICO
c. RECO
d. ROCO
Q:
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.
Q:
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.
Q:
What is a criminal objective?
a. the criminal goal to commit a crime.
b. using unlawful means to do a lawful thing.
c. anything injurious to public health.
d. the conspiracy to commit a crime.
Q:
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
Q:
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.
Q:
An important public policy justification for the crime of conspiracy isa. 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.
Q:
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. civil liability
d. legal liability
Q:
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).
Q:
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.
Q:
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.
Q:
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
Q:
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.
Q:
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 wasdoing was criminal, making it legally impossible to convict him.
Q:
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.
Q:
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. cannot be proven beyond a reasonable doubt.
Q:
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.
Q:
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
Q:
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
Q:
Trying to commit crimes, but not completing them, is known as
a. criminal attempt.
b. criminal conspiracy.
c. criminal solication.
d. none of these answers is correct.
Q:
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.
Q:
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
Q:
Which test focuses 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
Q:
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
Q:
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
Q:
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
Q:
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
Q:
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.
Q:
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
Q:
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
Q:
All inchoate offenses share two elements: the actus reus of taking some steps toward accomplishing the criminal purposebut not enough steps to complete the intended crime, and
a. the mens rea of inentionality.
b. the mens rea of attempt.
c. the actus reus of purpose or specific intent.
d. the actus reus of attempt.
Q:
Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of crimes?
a. strict liability
b. inchoate
c. complicity
d. vicarious liability
Q:
The Supreme Court has relied on doctrine of respondeat superior ("let the master answer"), borrowed from tort (noncriminal wrongs) law in addressing issues of vicarious liability in the corporate world. Explain the meaning of respondeat superior. Why is this concept important to vicarious liability in the corporate world?
Q:
Discuss the mere presence rule. Why did the Supreme Court say that even flight from a crime scene does not provide accomplice actus reus. Explain how this rule is affected by a duty to act.
Q:
Accessory to a crime (after-the-fact assistance) is a separate offense, usually a misdemeanor. Explain why this is the case and provide an example supporting your reasoning.
Q:
In what ways do traditional parent responsibility statutes differ from vicarious liability? Why do we have vicarious liability statutes? Which do you think functions better: parental responsibility statutes or vicarious liability? Provide an example to support your argument.
Q:
Vicarious liability transfers the actus reus and the mens rea of one person to another personor from one or more persons to an enterprisebecause of their relationship. Explain what it means to transfer actus reus and mens rea. Discuss the most common cases involving vicarious liability and provide an example.
Q:
Discuss the mens rea and actus reus of accomplice liability. Discuss some of the differences that might be found between jurisdictions.
Q:
What are the four elements of most accessory-after-the-fact statutes? Provide examples of each element.
Q:
Discuss the common law approach to parties to crime. Provide an example of each.
Q:
Compare and contrast accomplices and accessories. Why are accessories punished less severely than accomplices? Do you agree with this practice? Why or why not?
Q:
Discuss the difference between complicity and vicarious liability. Describe which crimes might involve complicity and which crimes might involve vicarious liability. Provide examples.
Q:
Vicarious liability makes one liable for the acts of another because of their ___________to the other.
Q:
To understand the different sort of parties to crime you need to appreciate the difference between ___________ and vicarious liability.
Q:
___________ presence at the scene of a crime is, by itself, not enough to justify conviction as an accomplice.
Q:
Actions taken after crimes are committed aren"t themselves ___________ actus reus.
Q:
___________ is an agreement to commit some other crime.
Q:
Vicarious liability has to be created by ___________.
Q:
Participants after the commission of crimes are guilty of a ___________ , less serious offense.
Q:
Participants before and during the commission of crimes are ___________ of the crime itself.
Q:
Traditional parent ___________ statutes aren"t the same as vicarious liability.
Q:
Vicarious liability statutes most often involve the parent-child relationship.
Q:
The issue in most vicarious liability cases is interpreting whether the statute actually imposes vicarious liability.
Q:
One of the weaknesses of self-regulation is lack of enthusiasm for regulation by the regulated group.
Q:
Most vicarious liability involves business relationships.
Q:
Complicity and conspiracy to murder are the same thing.
Q:
The punishment for being an accomplice is not the same as for the person who actually committed the crime.
Q:
At common law principals in the first degree were the persons who actually commit the crime.
Q:
Forfeited personal identity theory assumes that we"re autonomous agents with the freedom to choose our actions.
Q:
Agency theory of accomplice liability assumes that we"re autonomous agents with the freedom to choose our actions.
Q:
Complicity applies criminal liability to accomplices and accessories because they participate in crimes.
Q:
Traditional parental responsibility laws are the same as vicarious liability.
Q:
Vicarious liability for another's criminal conduct has been created by judicial decision.
Q:
Criminologist Edward Sutherland introduced us to the "white collar criminal."
Q:
Corporations can be vicariously liable for the criminal acts of their employees.
Q:
Most accessory-after-the-fact statutes have four elements.
Q:
It's usually easy to determine who in a corporation is responsible for corporate crimes.
Q:
Vicarious liability transfers the actus reus and mens rea of one party to another based on their relationship.
Q:
Under modern accessory-after-the-fact statutes, the offender is punished as severely as the offender who committed the crime.
Q:
In U.S. v. Peoni, the court ruled that accomplice liability also requires proof of intent that the offender committed the crime.
Q:
Early court decisions ruled that knowingly helping someone was enough to prove the mental element required for accomplice liability.