Chapter 7 Powerpoint pt.3

Question 1

What are the two major structures of conspiracies?

Answer 1

(1) chain conspiracy

(2) circle or wheel conspiracy

Question 2

Which court case embodied the chain conspiracy ‘structure of conspiracies’?

Answer 2

United States v. Bruno

Question 3

Which major structure of conspiracies is this: Involves communication and cooperation by individuals linked together in a vertical chain to achieve a criminal objective

Answer 3

Chain conspiracy

Question 4

Which major structure of conspiracies is this: Typically arises in the distribution of narcotics and other contraband

Answer 4

Chain conspiracy

Question 5

Which major structure of conspiracies is this: Involves a single person or group that serves as a hub, or common core, connecting various independent individuals or spokes

Answer 5

Circle or Wheel conspiracy

Question 6

Which major structure of conspiracies is this: Spokes interact with the hubs rather than with one another

Answer 6

Circle or Wheel conspiracy

Question 7

Which two cases displayed the Circle or Wheel conspiracy?

Answer 7

(1) Kotteakos v. United States

(2) State v. McLaughlin

Question 8

What happened in the Kotteakos v. United States case?

Answer 8

Wheel conspiracy where each spoke is independent of all the other spokes and are not concerned with the success of other spokes – multiple conspiracies

Question 9

What happened in the State v. McLaughlin case?

Answer 9

Wheel conspiracy where the success of the whole depends on the success of each spoke – single conspiracy

Question 10

The ___ ________ ______ recognized the danger that broadly defined conspiracy statutes may fail to inform citizens of the acts that are prohibited and may provide the police, prosecutors, and judges with broad discretion in bringing charges

Answer 10

U.S. Supreme Court

Question 11

The U.S. Supreme Court recognized the danger that broadly defined _________ _______ may fail to inform citizens of the acts that are prohibited and may provide the police, prosecutors, and judges with broad _________ in bringing charges

Answer 11

conspiracy statutes

discretion

Question 12

The U.S. Supreme Court recognized the danger that broadly defined conspiracy statutes may fail to inform _______ of the acts that are prohibited and may provide the _______, __________, and _______ with broad discretion in bringing charges

Answer 12

citizens
police
prosecutors
judges

Question 13

________ ______ provides that an agreement by two persons to commit a crime that requires the voluntary and cooperative action of two persons cannot constitute a conspiracy.

Answer 13

Wharton’s Rule

Question 14

_________ _____ provides that an individual who is in a class of persons that are excluded from criminal liability under a statute may not be charged with a conspiracy to violate the same law.

Answer 14

Gebardi Rule

Question 15

__________ constitutes a powerful and potential tool for prosecuting and punishing defendants.

Answer 15

Conspiracy

Question 16

Conspiracy constitutes a powerful and potential tool for __________ and _________ defendants.

Answer 16

prosecuting

punishing

Question 17

Conspiracy constitutes a powerful and potential tool for prosecuting and punishing __________.

Answer 17

defendants

Question 18

In 1970, Congress passed the _________ __________ and _______ ___________ Act (RICO) – holds defendants responsible for all acts of racketeering undertaken as part of an “enterprise”.

Answer 18

Racketeer Influenced

Corrupt Organizations

Question 19

In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations Act (RICO) – holds defendants responsible for all acts of ___________ undertaken as part of an “_________”.

Answer 19

racketeering

“enterprise”

Question 20

When did Congress pass the Racketeer Influenced and Corrupt Organizations Act (RICO)?

Answer 20

1970

Question 21

__________ is defined as commanding, hiring, or encouraging another person to commit a crime.

Answer 21

Solicitation

Question 22

A number of states do not have __________ statutes and continue to apply the common law of solicitation.

Answer 22

solicitation

Question 23

A number of states do not have solicitation statutes and continue to apply the ________ ____ of solicitation.

Answer 23

common law

Question 24

Some punish solicitation of all crimes, and others limit solicitation to ______, particular ______, or certain ________ of felonies.

Answer 24

felonies
felonies
classes

Question 25

A solicitor depends on the efforts of _______, and simply approaching another person to commit a crime does not present a ______ danger.

Answer 25

others | social

Question 26

A ________ depends on the efforts of others, and simply approaching another person to commit a crime does not present a social danger.

Answer 26

solicitor

Question 27

__________ involves 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 person commit the crime.

Answer 27

Solicitation

Question 28

Solicitation involves a _______ or _______ 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 person commit the crime.

Answer 28

written | spoken

Question 29

The _____ ____ of solicitation requires a specific intent or purpose that another individual commit a crime.

Answer 29

mens rea

Question 30

The ______ ____ of solicitation requires an effort to get another person to commit a crime. A variety of terms are used to describe the required act, including command, encourage, and request.

Answer 30

actus reus

Question 31

The actus reus of solicitation requires an effort to get another person to commit a crime. A variety of terms are used to describe the required act, including ________, _________, and _______.

Answer 31

command encourage request

Question 32

What happened i the Rex v. Higgins case?

Answer 32

The principle enunciated in Higgins was quickly accepted by courts and commentators, and it was soon considered settled that an attempt to commit either a felony or a misdemeanor was itself indictable as a crime.

Question 33

Why punish solicitation?

Answer 33

(1) Cooperation among criminals (2) Social danger (3) Intervention

Question 34

___________ ______ ________ – individuals typically encourage and support one another, which creates a strong likelihood that the crime will be committed

Answer 34

Cooperation among criminals

Question 35

_______ _______ – an individual who is sufficiently motivated to enlist the efforts of a skilled professional criminal clearly poses a continuing danger

Answer 35

Social danger

Question 36

___________– solicitation permits the police to intervene before a crime is fully implemented. 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

Answer 36

Intervention

Question 37

True or False: Crime is complete the moment the statement requesting another to commit a crime is made

Answer 37

True

Question 38

True or False: Only direct solidation can be considered a crime

Answer 38

False; Solicitation may be direct or indirect.

Question 39

True or False: Jokes and other instances where there is no intent to actually encourage another to commit a crime is sufficient

Answer 39

False; Jokes and other instances where there is no intent to actually encourage another to commit a crime is not sufficient

Question 40

Under the _______ ______ _____, solicitation needs to actually be communicated.

Answer 40

Model Penal Code

Question 41

Under the Model Penal Code, solicitation needs to actually be ___________.

Answer 41

communicated

Question 42

True or False: A person is guilty of solicitation even if the individual being solicited rejected the offer or accepts the offer but does not commit the crime

Answer 42

True

Question 43

What happened in the State v Cotton case in 1990?

Answer 43

- Cotton was charged with the crime of engaging in sexual conduct with his step-daughter. - While in prison, Cotton wrote two letters to his wife, telling her to convince his step-daughter not to testify against him. - He instructed his wife to offer his step-daughter money to leave the state and to tell her that testifying would likely place the step-daughter in the news. - Unknown to Cotton, his cellmate intercepted the first letter and turned it over to the authorities. He never mailed the second letter. - Cotton was charged with two counts of criminal solicitation and convicted.