1. _____ is defined as a conspiracy in which a single individual or individuals serve as a hub that is connected to various individuals or spokes.
Answer
Correct Answer:
wheel conspiracy
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2. _____ is an agreement by two persons to engage in a criminal act that requires the involvement of two persons cannot constitute a conspiracy.
Answer
Correct Answer:
Wharton’s rule
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3. Is unilateral an individual with the intent to enter into a conspiratorial agreement is guilty regardless of the intent of the other party?
Answer
Correct Answer:
True
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4. _____ is known as a test for attempt that asks whether an ordinary individual observing a person’s acts would determine that the person intends to commit a crime.
Answer
Correct Answer:
unequivocality test
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5. _____ is defined as the Model Penal Code approach to determining attempt. There must be a clear step toward the commission of a crime that is not required to be immediately proximate to the crime itself. The act must be committed under circumstances strongly corroborative of an intent to commit a crime.
Answer
Correct Answer:
substantial step test
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6. _____ is requires an act toward the commission of a crime that is sufficient to establish a criminal intent. The act is not required to be proximate to the completion of the crime.
Answer
Correct Answer:
subjective approach to criminal attempt
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7. Is solicitation a written or spoken statement in which an individual intentionally advises, requests, counsels, commands, hires, encourages, or incites another person to commit a crime with the purpose that the other individual commit the crime?
Answer
Correct Answer:
True
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8. _____ is known as “the thing speaks for itself.” A test for attempt that asks whether an ordinary individual observing the acts of another would conclude that the individual intends to commit a crime.
Answer
Correct Answer:
res ipsa loquitur
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9. _____ is defined as acts taken to prepare for committing a crime.
Answer
Correct Answer:
preparation
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10. _____ is a conspiracy requires an agreement between two or more parties.
Answer
Correct Answer:
plurality requirement
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11. Is physical proximity test an act constituting an attempt must be physically proximate to the completion of the crime?
Answer
Correct Answer:
True
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12. _____ is known as an overt act in furtherance of an agreement is required under most modern conspiracy statutes.
Answer
Correct Answer:
overt act
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13. _____ is defined as requires an act that is very close to the completion of the crime.
Answer
Correct Answer:
objective approach to criminal attempt
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14. _____ is the defense that an individual’s act does not constitute a crime as a matter of law.
Answer
Correct Answer:
legal impossibility
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15. Is last step approach common law approach to attempt that requires the last step to the completion of a crime?
Answer
Correct Answer:
True
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16. _____ is known as an act that is incapable of achieving the desired result.
Answer
Correct Answer:
inherent impossibility
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17. _____ is defined as an individual abandons or is prevented from completing an attempt due to an extraneous or intervening factor.
Answer
Correct Answer:
incomplete attempt
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18. _____ is attempts, conspiracy, and solicitation. Each requires a specific purpose to accomplish a criminal objective and an act in furtherance of the intent. These offenses are punished to the same extent or to a lesser extent than the target crime.
Answer
Correct Answer:
inchoate crimes
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19. Is gebardi rule an individual who is excluded from liability under a criminal statute may not be held legally liable as a conspirator to violate the law?
Answer
Correct Answer:
True
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20. _____ is known as a criminal act is prevented from being completed because of an extraneous factor.
Answer
Correct Answer:
factual impossibility
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21. _____ is defined as a circumstance that is not created by a defendant that prevents the completion of a criminal act.
Answer
Correct Answer:
extraneous factor
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22. _____ is an intent or purpose to commit a crime, an act or acts toward the commission of the crime, and a failure to complete the crime.
Answer
Correct Answer:
criminal attempt
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23. Is conspiracy an agreement to commit a crime. Various state statutes require an overt act in furtherance of this purpose?
Answer
Correct Answer:
True
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24. _____ is known as an individual takes every act required to commit a crime and fails to succeed.
Answer
Correct Answer:
complete attempt
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25. _____ is defined as a conspiracy in which individuals are linked in a vertical chain to achieve a criminal objective.
Answer
Correct Answer:
chain conspiracy
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26. _____ is there must be an agreement between at least two persons with the intent to achieve a common criminal objective.
Answer
Correct Answer:
bilateral
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27. Is attempt an intent or purpose to commit a crime, an act or acts toward the commission of the crime, and a failure to commit the crime?
Answer
Correct Answer:
True
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28. _____ is known as an individual who completely and voluntarily renounces his or her criminal purpose is not liable for an attempt. Abandonment as a result of outside or extraneous factors does not constitute a defense.
Answer
Correct Answer:
abandonment
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29. Legal impossibility is a legal defense to attempt.
Answer
Correct Answer:
True
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30. The physical proximity test follows an objective approach and provides that an attempt occurs when an act is “very near” or “dangerously close” to the completion of a crime.
Answer
Correct Answer:
True
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31. A person can conspire with an undercover individual even though the undercover individual had no intention of committing the offense in jurisdictions that recognize which type of conspiracy?
Answer
Correct Answer:
Unilateral conspiracy
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32. Which is not an inchoate crime?
Answer
Correct Answer:
Fraud
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33. Which is NOT an element of attempt?
Answer
Correct Answer:
Completion of the offense
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34. According to the mens rea of solicitation, a person must have general or specific intent that another person commit a crime.
Answer
Correct Answer:
False
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35. Factual impossibility to complete a crime is a legal defense to attempt.
Answer
Correct Answer:
False
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36. Defendants convicted of attempt are incapacitated because they have already shown themselves to be a threat to society.
Answer
Correct Answer:
True
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37. The objective approach to criminal attempt focuses on the danger to society presented by a defendant who possesses a criminal intent.
Answer
Correct Answer:
False
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38. An individual cannot be found guilty of both a conspiracy and the substantive offense because conspiracy merges into the completed offense.
Answer
Correct Answer:
False
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39. The Model Penal Code recognizes abandonment as a defense when an individual commits an attempt and abandons his efforts under circumstances manifesting a complete and voluntary renunciation of criminal purpose.
Answer
Correct Answer:
True
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40. A man stops his car to pick up a prostitute. Police observed the solicitation and arrest them both. Prosecutors charged them with conspiracy to commit prostitution. Is this charge valid?
Answer
Correct Answer:
No, prostitution requires two people to commit.
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41. The unilateral approach to conspiracy holds that ______.
Answer
Correct Answer:
Only one party need to intend to enter in a conspiracy
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42. A woman wants to kill a movie star who recently got divorced from her screen-idol. She buys a gun and attends a red-carpet opening of his next movie. She pulls out the gun to shoot him when one of his body guards sees her and grabs the gun from her hand. She is later arrested and charged with attempted murder. How should her attempt be classified?
Answer
Correct Answer:
Incomplete attempt
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43. A defendant is charged with attempted shoplifting as his actions were captured on a security camera. He took the item off the shelf and placed it in his jacket, which constituted sufficient acts to charge the offense. However, before leaving the store, he felt guilty and voluntarily placed the item back on the shelf. His lawyer argues at court that since he should be found not guilty because he abandoned the attempt. Should this be a successful defense?
Answer
Correct Answer:
Yes, his abandonment was voluntary.
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Contemporary Criminal Law (U.S.) MCQs | Topic-wise
