Ch. 9 Inchoate Offenses & Party Liability (E3/FINAL)

Question 1

An incomplete crime that represents an offender’s steps toward committing a crime of greater substance is referred to as…

Answer 1

Inchoate

Question 2

What degree of intent is required to be convicted of an inchoate crime?

Answer 2

Specific

Question 3

The act of going “beyond mere preparation.”

Answer 3

What is an overt act?

Question 4

This test for determining the crime of attempt refers to “how far you’ve come to committing an intended crime.”

Answer 4

What is Substantial Step?

Question 5

An inchoate crime where an individual, with the intent to actually commit a crime, undertakes an action in furtherance of that crime but ultimately fails.

Answer 5

What is attempt?

Question 6

This test for determining the crime of attempt refers to “how close you are to completing the intended crime.”

Answer 6

What is Proximity?

Question 7

What are the 2 types of Proximity Tests?

Answer 7

1) Physical
2) Dangerous

Question 8

This Proximity Test is the traditional test, referring to what is left for the defendant to do in order to commit the intended crime.

Answer 8

What is Physical Proximity?

Question 9

This Proximity Test, endorsed in several states, examines how close the defendant is to committing the intended crime, examining factors such as whether the defendant approached the victim, whether all instrumentalities have been obtained, and whether the defendant arrived at the crime scene.

Answer 9

What is Dangerous Proximity?

Question 10

If all you have to do to kill someone is reach campus, then you will be assessed via…

Answer 10

Physical Proximity

Question 11

If you have your weapon of choice (e.g., gun) and you’re on the elevator to the 2nd floor of JST (your victim is in Room 214), then you will be assessed via…

Answer 11

Dangerous Proximity

Question 12

The crime of enticing someone to commit a crime for you.

Answer 12

What is solicitation?

Question 13

Solicitation usually utilizes an { }, a person/third-party (i.e., middle-man) who is used to solicit others.

Answer 13

Intermediary

Question 14

Concert in criminal purpose.

Answer 14

What is conspiracy?

Question 15

The people you’re in concert with for a conspiracy.

Answer 15

What are conspirators?

Question 16

Describe the premise of Wharton’s Rule using the algebraic variable “n” in regards to conspiracy.

Answer 16

A conspiracy = n + 1 people involved, where n = the minimum # of people it takes to commit a crime.

Question 17

Theory stating that 2 or more parties must collaborate to constitute a conspiracy.

Answer 17

What is bilateral theory?

Question 18

Theory permitting the conspiracy conviction of 1 person if they believe an agreement existed and intended to commit a crime.

Answer 18

What is unilateral theory?

Question 19

Rule stating that a person may not be convicted of conspiracy when all co-conspirators have been acquitted.

Answer 19

What is the Rule of Consistency?

Question 20

Is the Rule of Consistency rooted in bilateral or unilateral theory?

Answer 20

Bilateral theory ONLY

Question 21

The act of a defendant voluntarily giving up criminal endeavor.

Answer 21

What is renunciation (voluntary)?

Question 22

The act of reluctantly giving abandoning intent to commit a crime due to intervening forces/causes.

Answer 22

What is involuntary renunciation?