Inchoate Offenses

Question 1

This is an agreement between two or more persons, with intent to agree to commit a felony.

Answer 1

A conspiracy

Question 2

Proof of an explicit agreement between 2 or more persons with intent to commit a felony (is/is not) required.

Answer 2

is not

Question 3

Jurisdiction over a conspiracy prosecution is valid where…

Answer 3

any part of the conspiracy was planned or any act in furtherance of the conspiracy was done.

Question 4

An overt act (is/is not) required to establish conspiracy.

Answer 4

is not

Question 5

Any statement made by a conspirator during and in furtherance of the conspiracy (is/is not) admissible against all other members of the conspiracy.

Answer 5

is

Question 6

A defendant convicted of the completed substantive offense (may/may not) thereafter be convicted of the underlying conspiracy based on the same acts.

Answer 6

may not

Question 7

However, one may be convicted of noth the completed offense and the underlying conspiracy in…

Answer 7

a single trial (with the offenses tried together).

Question 8

A single agreement to commit several crimes can form the basis for…

Answer 8

multiple violations of the Virginia conspiracy statute and support multiple convictions of criminal defendants under the statute.

Question 9

Because conspiracy requires an agreement between two or more guilty parties, a defendant cannot be convicted of conspiracy with…

Answer 9

a police officer or an informant.

Question 10

A subsequent conspiracy prosecution is barred where a defendant…

Answer 10

was acquitted of the substance offense.

Question 11

What is an attempt?

Answer 11

A direct act done with intent to commit a crime that falls short of completing the crime.

Question 12

_______ _____________ is no defense for an attempt crime.

Answer 12

Factual impossibility

Question 13

What is solicitation?

Answer 13

Commanding, enreating, or attemoting to persuade another to commit a felony.