Ch8

Front 1

Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of crimes?

Back 1

inchoate

Front 2

All inchoate offense share two elements: the actus reus of taking some steps toward accomplishing the criminal purpose—but not enough steps to complete the intended crime, and

Back 2

the mens rea of attempt

Front 3

Which rationale looks at how close defendants came to completing their crimes?

Back 3

the dangerous act rationale

Front 4

The rationale for attempt crimes focuses on what two types of danger?

Back 4

dangerous conduct and dangerous people

Front 5

Physical proximity tests of the actus reus of attempt focus on

Back 5

how close the defendant gets to committing the crime.

Front 6

Which rationale concentrates on how fully defendants have developed their criminal purpose?

Back 6

the dangerous precedent rationale

Front 7

Which test asks whether defendants have reached a point where they’ve gotten control of everything they need to complete the crime?

Back 7

the indispensable element test

Front 8

Which test asks whether defendants have come “dangerously close” to completing the crime?

Back 8

dangerous proximity to success test

Front 9

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?

Back 9

the unequivocality test

Front 10

Which test on whether defendants have gone far enough toward completing the crime that it’s unlikely they’ll turn back?

Back 10

the probable desistance test

Front 11

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?

Back 11

end all use of proximity and unequivocality tests with a clearer and easier-to-understand-and-apply test

Front 12

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

Back 12

a chain conspiracy.

Front 13

In most states, merely buying a gun with the intent of killing someone is considered

Back 13

preparation and not a crime.

Front 14

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?

Back 14

a legal impossibility

Front 15

Which of the following would be a valid impossibility defense?

Back 15

what the defendant plans to do to the victim is not a criminal act

Front 16

Stabbing an already dead victim is an example of

Back 16

a factual impossibility

Front 17

Inchoate offenses punish people for crimes they’ve started to commit

Back 17

but have not finished committing.

Front 18

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

Back 18

has a valid defense of legal impossibility.

Front 19

The reason that legal impossibility will act as a defense to attempt and factual impossibility will not is because

Back 19

it’s legally impossible to commit a crime that doesn’t exist.

Front 20

To be a defense to attempt, the abandonment of the attempt must be

Back 20

voluntary.

Front 21

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?

Back 21

incomplete criminal conduct

Front 22

Legal impossibility is

Back 22

a defense to attempt liability.

Front 23

The core of conspiracy is

Back 23

several people agreeing to commit a crime

Front 24

Conspiracy actus reus consists of two parts: an agreement to commit a crime (in all states) and

Back 24

an overt act in furtherance of the agreement (in about half the states).

Front 25

Voluntary and complete abandonment of an attempt in progress is a defense to what liability in about half the states?

Back 25

attempt liability

Front 26

An important public policy justification for the crime of conspiracy is

Back 26

the special danger of group criminality

Front 27

Facts and circumstances that indicate an unspoken understanding between conspirators to commit a crime

Back 27

are often sufficient to prove a conspiracy existed.

Front 28

What is the name of the crime of agreeing with one or more people to commit a crime?

Back 28

conspiracy

Front 29

What is a criminal objective?

Back 29

the criminal goal to commit a crime

Front 30

Most modern statutes use the unilateral approach to conspiracy crimes. This means that

Back 30

all of the conspirators do not have to intend to go through with the agreement to
commit the crime.

Front 31

A conspiracy where one or more defendants participate in every transaction is known as

Back 31

a wheel conspiracy.

Front 32

What Act is a specialized conspiracy law frequently utilized against organized and white collar crime?

Back 32

RICO

Front 33

The guilty mind in conspiracy isn’t clearly defined in modern legislation, and courts have taken imprecise, widely divergent, and inconsistent approaches to the

Back 33

mens rea problem.

Front 34

The crime of trying to get someone else to commit a crime is known as

Back 34

solicitation.

Front 35

Which of the following is required to obtain a solicitation conviction?

Back 35

the person soliciting must solicit specific individuals as opposed to a more general audience

Front 36

In most jurisdictions, inchoate crimes are punished at a lower level than the object or completed crime.

Back 36

T

Front 37

Inchoate offenses require enough action to complete the crime intended.

Back 37

F

Front 38

Liability for criminal attempt offenses is based on two rationales.

Back 38

T

Front 39

The last proximate act rule is the strictest rule of attempt actus reus

Back 39

T

Front 40

All inchoate offenses have a specific intent element.

Back 40

T

Front 41

Legal impossibility is a defense to the crime of attempt.

Back 41

T

Front 42

Factual impossibility is not a valid defense to the crime of attempt.

Back 42

T