Criminal Law AMP - Inchoate Offences Flashcards
The elements of attempt are:
A The specific intent to perform an act and obtain a result, that, if achieved, would constitute a crime; and an overt act in furtherance of the crime.
B Merely the intent required by the crime he is attempting to commit.
C The specific intent to perform an act and obtain a result that, if achieved, would constitute a crime.
D The intent required by the crime the defendant is attempting to commit; and an overt act in furtherance of the crime.
A
The elements of attempt are the specific intent to perform an act and obtain a result, that, if achieved, would constitute a crime; and an overt act in furtherance of the crime. In other words, more than just the requisite intent is required. QUESTION ID: C0036 Additional Learninga
Which of the following describes sufficient intent to convict a defendant of an attempted crime?
A A reckless disregard of an obvious or high risk that a particular harmful result might occur from the conduct.
B The intent required for the completed offense.
C The awareness by the defendant that he is acting in a proscribed way and that any attendant circumstances required by the crime are present.
D The intent to perform an act and obtain a result that, if achieved, would constitute a crime.
D
The intent required for an attempted crime is the intent to perform an act and obtain a result that, if achieved, would constitute a crime. Note that regardless of the intent required for a completed offense, an attempt always requires a specific intent. The awareness by the defendant that he is acting in a proscribed way and that any attendant circumstances required by the crime are present more closely describes “general intent.” Attempt is a specific intent crime. A reckless disregard of an obvious or high risk that a particular harmful result might occur from the conduct more closely describes “malice.” Attempt is a specific intent crime. QUESTION ID: C0035 Additional Learning
Under the majority view, which of the following inchoate crimes does not merge into the completed crime?
A Attempt
B Conspiracy
C Solicitation
B
In most jurisdictions, a conspirator may be convicted of both the criminal conspiracy and the completed offense. The crimes do not merge. This is not true for solicitation and attempt crimes. It is generally accepted that one cannot be convicted of solicitation and the substantive offense or of attempt of a crime and the crime itself. QUESTION ID: C0027A Additional Learning
A conspirator can be convicted of a crime committed by another conspirator if:
A The crimes were committed in furtherance of the objectives of the conspiracy.
B The crimes were foreseeable.
C The crimes were committed in furtherance of the objectives of the conspiracy, and the crimes were foreseeable.
D The crimes were committed in furtherance of the objectives of the conspiracy, or the crimes were foreseeable.
C
A conspirator can be convicted of a crime committed by another conspirator if the crimes were committed in furtherance of the objectives of the conspiracy AND the crimes were foreseeable. QUESTION ID: C0028 Additional Learning
The intent necessary for the criminal attempt is:
A A reckless disregard of an obvious or high risk that a particular harmful result might occur from the conduct
B The intent required for the completed offense
Correct
C The intent to perform an act and obtain a result that, if achieved, would constitute a crime
D The awareness by the defendant that he is acting in a proscribed way and that any attendant circumstances required by the crime are present
C
The intent required for criminal attempt is the intent to perform an act and obtain a result that, if achieved, would constitute a crime. Note that regardless of the intent required for a completed offense, an attempt always requires a specific intent. The awareness by the defendant that he is acting in a proscribed way and that any attendant circumstances required by the crime are present more closely describes “general intent.” Attempt is a specific intent crime. A reckless disregard of an obvious or high risk that a particular harmful result might occur from the conduct more closely describes “malice.” Attempt is a specific intent crime. QUESTION ID: C0035A Additional Learning
In which of the following situations is an agreement to commit several separate crimes not a single conspiracy?
A If the agreements have one common member and it is established that any subagreements are reasonably independent of each other.
B If there is an initial agreement among the parties to engage in a course of criminal conduct constituting all the crimes.
C If there is an agreement to commit a preparatory crime to be followed by a substantive crime.
D If there is a series of agreements, all of which are regarded as part of a single large scheme in which all of the parties to the subagreements are interested.
A
If the agreements have one common member and it is established that any subagreements are reasonably independent of each other, the series of crimes committed will be considered separate conspiracies. This is known as a “hub and spoke” relationship. If there is an initial agreement among the parties to engage in a course of criminal conduct constituting all the crimes, then there is only one conspiracy. If there is a series of agreements, all of which are regarded as part of a single large scheme in which all of the parties to the subagreements are interested, then there is only one conspiracy. This is known as a “chain” relationship. If there is an agreement to commit a preparatory crime followed by substantive crime, there is only one conspiracy. This is another example of a “chain” relationship. QUESTION ID: C0039 Additional Learning
The intent necessary to be convicted of conspiracy is:
A The intent to achieve the objective of the conspiracy
B The intent to agree and the intent to achieve the objective of the conspiracy
C The intent to agree
D The intent to agree or the intent to achieve the objective of the conspiracy
B
A defendant must possess both the intent to agree AND the intent to achieve the objective of the conspiracy to be convicted of conspiracy. QUESTION ID: C0030 Additional Learning
Which of the following defendants would be found not guilty of solicitation due to being exempt from the charged crime?
A A minor female charged with solicitation of statutory rape by urging a man to have sexual intercourse with her
B A minor who solicits an adult to have sexual intercourse with another minor
C An adult female charged with solicitation of statutory rape by urging a minor male to have sexual intercourse with her
A
A minor female charged with solicitation of statutory rape by urging an adult male to have intercourse with her would be found not guilty of solicitation due to being exempt from the charged crime. The solicitor has a defense to the crime of solicitation if she could not be guilty of the intended crime because of legislative intent to exempt her. A minor is exempt from prosecution for statutory rape, or the solicitation thereof, because the statutory intent under such statutes is to protect minors, and it would make little sense to prosecute a victim under a statute that is designed to protect her. However, a minor who solicits an adult to have sexual intercourse with another minor could be found guilty of solicitation. The victim in such a case would be the other minor, and the legislative intent to protect minors would not be implicated in this case. The adult female who solicits a minor male to have sexual intercourse with her could be convicted of solicitation. Statutory rape is a gender-neutral crime. QUESTION ID: C0026A Additional Learning
If conspirators are successful in completing the intended crime, they can be convicted of:
A The completed crime only
B The crime of conspiracy only
C Either the crime of conspiracy or the completed crime, but not both
D Both the crime of conspiracy and the completed crime
D
If the conspirators are successful, they can be convicted of both criminal conspiracy and the crime they committed pursuant to the conspiracy; i.e., the crime of conspiracy is not “merged” into the completed crime. QUESTION ID: C0027 Additional Learning
What two requirements are necessary for a conspirator to be liable for crimes committed by a co-conspirator?
A The crimes were committed in furtherance of the conspiracy’s objectives and were part of the original agreement between the conspirators
B The crimes were foreseeable and general intent crimes
C The crimes were committed in furtherance of the conspiracy’s objectives and were foreseeable
C
A conspirator is liable for the crimes committed by a co-conspirator only if the crimes were committed in furtherance of the conspiracy’s objectives and were foreseeable. There is no requirement that the crimes were part of the original agreement between the conspirators; all that is required is that they be foreseeable. The states of mind required by the crimes is also irrelevant to criminal liability for foreseeable crimes committed in furtherance of the conspiracy. QUESTION ID: C0028B Additional Learning
The crime of solicitation is completed when:
A The parties agree to commit the crime
B The solicitation is made
C The criminal act agreed upon is committed
D The parties take a substantial step in the commission of the crime
B
The crime of solicitation is complete at the time the solicitation is made. It is not necessary that the person solicited to agree to commit the crime or do anything in response. QUESTION ID: C0025 Additional Learning
Under common law, the elements of a conspiracy include:
A An agreement between two or more persons, an intent to achieve the objective of the agreement, and completion of the crime originally agreed upon.
B A written agreement between two or more persons, an intent to enter into an agreement, and an intent to achieve the objective of the agreement.
C An agreement between two or more persons, an intent to enter into an agreement, an intent to achieve the objective of the agreement, and completion of the crime originally agreed upon.
D An agreement between two or more persons, an intent to enter into an agreement, and an intent to achieve the objective of the agreement.
D
Under common law, the elements of conspiracy include an agreement between two or more persons, an intent to enter into an agreement, and an intent to achieve the objective of the agreement. The agreement between the parties need not be written. Although most states require some overt act in furtherance of the conspiracy for the crime of conspiracy to be complete, the crime agreed upon does not need to be completed for the conspirators to be guilty of conspiracy. QUESTION ID: C0029 Additional Learning
A conspirator may be liable for the crimes of all other conspirators if the crimes were committed in furtherance of the objectives of the conspiracy, and the crimes were _______.
A Part of the original agreement between the conspirators
B Felonies
C Foreseeable
C
A conspirator is liable for the crimes of all other conspirators if the crimes were committed in furtherance of the objectives of the conspiracy, and the crimes were foreseeable. That is, he is deemed to have met the requirements for “aiding and abetting” the commissions of the crimes by his co-conspirators by virtue of his participation in the scheme. The crimes need not be felonies. As long as the crimes are in furtherance of the conspiracy’s objectives and foreseeable, the conspirator may be liable even if the crimes were not part of the original agreement. QUESTION ID: C0028A Additional Learning
A defendant charged with murder _______ be convicted of attempted murder; a defendant charged with attempted murder _______ be convicted of murder.
A May; May not
B May not; May
C May not; May not
D May; May
A
A defendant charged with murder may be convicted of attempted murder, whereas a defendant charged with attempted murder may not be convicted of murder. A defendant charged with a completed crime may be found guilty of either the completed crime or an attempt to commit the crime as long as the evidence presented supports such a verdict. The defendant cannot be found guilty of both the completed crime and the attempt because of merger and double jeopardy (an attempt to commit a crime is a lesser included offense of the completed crime). QUESTION ID: C0031A Additional Learning
If at least two parties are required to commit a substantive crime, but the relevant statute punished only one of the conspirators, then:
A No defendant may be convicted of conspiracy
B Only the defendants who are not punishable for the substantive crime may be convicted of conspiracy
C All may be convicted of conspiracy to commit the crime
C
If two or more people are necessary for the commission of the substantive offense (e.g., adultery, dueling, sale of contraband), the “Wharton rule” states that there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime. However, if the criminal statute covering the substantive offense punishes only one of the conspirators, the Wharton rule does not apply, and all may be convicted of conspiracy. QUESTION ID: C0033B Additional Learning
