Chapter 7 terms

Question 1

an individual who completely and voluntarily renouces his or her criminal purpose is not liable for an attempt.

Answer 1

abandonment

Question 2

an intent or purpose to commit a crime, an act or acts toward the commissin of the crime, and a failure to commit the crime

Answer 2

attempt

Question 3

there must be an agreement between at least two persons with the intent to achieve a common criminal objective

Answer 3

bilateral

Question 4

a conspracy in which individuals are linked in a vertical chain to achieve a criminal objective

Answer 4

chain conspiracy

Question 5

an individual takes every act required to commit a crime and fails to succeed

Answer 5

complete attempt

Question 6

an agreement to commit a crime. Varous state statues require an overt act in furtherance of this purpose

Answer 6

conspiracy

Question 7

comprises 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 7

criminal attempt

Question 8

a circumstance that is not created by a defendant that prevents the completion of a criminal act

Answer 8

extraneous factor

Question 9

a criminal act is prevented from being completed because of an extraneous factor

Answer 9

factual impossiblity

Question 10

an individual who is excluded from liability under a criminal stature may not be held legally liable as a conspirator to violate the law

Answer 10

Gerbardi rule

Question 11

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 11

inchoate crimes

Question 12

an individual abandons or is prevented from completing an attempt due to an extraneous or intervening factor

Answer 12

incomplete attempt

Question 13

an act that is incapable of achieving the desiring result

Answer 13

inherent impossiblity

Question 14

common law approach to attempt that requires the last step to the completion of a crime

Answer 14

last step approach

Question 15

the defense that an individual’s act does not constitute a crime as a matter of law

Answer 15

legal impossiblity

Question 16

requires an act that is very close to the completion of the crime

Answer 16

objective approach to criminal attempt

Question 17

an overt act in furtherance of an agreement is required under most modern conspiracy statutes

Answer 17

overt act

Question 18

an act constituting an attempt must be physically proximate to the completion of the crime

Answer 18

physical proximity test

Question 19

a conspiracy requires an agreement between two or more parties

Answer 19

plurality requirement test

Question 20

acts taken to prepare for committing a crime

Answer 20

preparation

Question 21

“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 21

res ipsa loquitur

Question 22

a written or spoken statement in which an individual intnetionally 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 22

solicitation

Question 23

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 23

subjective approach to criminal intent

Question 24

the Model Penal Code approach to determining attemot. There must be a clear step toward the commissino 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 24

substantial step test

Question 25

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 25

unequivocality test

Question 26

an individual with the intent to enter into a conspirational agreement is guilty regardless of the intent of the other party

Answer 26

unilateral

Question 27

a conspiracy in which a single individual or individuals serve as a hub that’s connected to various individuals or spokes

Answer 27

wheel conspiracy

Question 28

an agreement by two persons to engage in a criminal act that requires the involvement of two persons cannot constitute a conspiracy

Answer 28

Wharton’s rule