Session #2 Anticipatory Offenses Flashcards
Which of the following is least correct re: the anticipatory offense of Criminal Solicitation?
A: 1st Degree occurs only when the solicitation is for a Class A Felony and AGES is involved.
B: 2nd Degree occurs when the solicitation is for a Class A Felony.
C: 5th Degree occurs when the solicitation is for ANY offense.
D: If the offense solicited actually takes place, the SOLICITOR may be guilty of the completed offense.
C: Choice C is least correct. Remember, as far as any of the anticipatory offenses are concerned, they don’t have application where NON-CRIMES are anticipated.
The word “INCHOATE” as used in the McKinney’s Commentaries covering anticipatory offense most nearly means:
A: Bad in itself.
B: Incomplete.
C: Incitement to commit an offense.
D: Prohibited by law.
B: This is an old common law expression but the P.L. Commentaries have chosen to revive it. An INCHOATE offense is INCOMPLETE in that some more serious completed offense is anticipated; thus, anticipatory offenses
Roger, finally reaching the parting of the ways with Tondelayo, begs George to kill her so that he can spend all of his time with Dora. According to the Penal Law, which of the following is NOT correct?
A: Roger is guilty of Criminal Solicitation 2nd Degree.
B: George isn’t guilty of anything.
C: If George commits the crime solicited, he may be sentenced to death.
D: If George commits the crime solicited, Roger may be sentenced to life imprisonment.
C: Choice C is least correct. Although George would have committed Murder, no DEATH sentence would be authorized. Choice D is correct since Roger is also guilty of Murder through Accessorial Conduct and may properly be sentenced to life imprisonment.
Assume that George solicits Roger to commit a murder. Roger doesn’t know how to go about it, so he sits down with George and they plan the crime. Roger needs a weapon so George goes to a friend who owns a gun shop, tells him about the planned crime, and buys a loaded gun for Roger to use. Roger takes the gun, meets the victim, points the gun, pulls the trigger, and the gun misfires.
Answer the following statements as TRUE (A) or FALSE (B).
Question 1:
George is guilty of Criminal Solicitation 1st Degree.
A: TRUE
B: FALSE
Question 2:
Roger is guilty of Attempted Murder.
A: TRUE
B: FALSE
Question 3:
George is guilty of Criminal Facilitation 2nd Degree.
A: TRUE
B: FALSE
Question 4:
Roger and George are guilty of Conspiracy 1st Degree.
A: TRUE
B: FALSE
Question 5:
The salesman is guilty of Criminal Facilitation 1st Degree.
A: TRUE
B: FALSE
Question 6:
The salesman may be convicted of Criminal Facilitation solely on George’s testimony.
A: TRUE
B: FALSE
Question 7:
Roger was armed with a deadly weapon.
A: TRUE
B: FALSE
1-B: FALSE
2-A: TRUE
3-B: He must, in fact, aid the commission of an “A” Felony.
4-B: FALSE
5-B: FALSE
6-B: A Criminal Facilitator cannot be convicted solely on the uncorroborated testimony of the person who
7-A: A loaded gun is a deadly weapon. Remember, something is a DEADLY WEAPON only if it is specifically contained in the list of DEADLY WEAPONS found in Subd. 12 of Section 10.00 of the Penal Law.se offense was facilitated.
Which of the following statements re: Conspiracy is least correct?
A: Two or more persons are necessary for a conspiracy.
B: If a conspiracy is entered into in N.Y. to commit a crime in N.J., the planned conduct MUST be a crime in both states before N.Y. obtains jurisdiction over the conspiracy.
C: If a conspiracy is entered into in N.J. to commit a crime in N.Y., an overt act in furtherance of the conspiracy committed either in N.Y. or N.J. would give N.Y. jurisdiction over the conspiracy.
D: Conspiracy has 6 degrees, the most serious of which is a Class A Felony.
C: Choice C is incorrect. When the conspiracy is entered into outside N.Y.S. to commit a crime inside N.Y.S., there MUST be an overt act committed inside N.Y.S. before N.Y.S. has a peg to hang jurisdiction on.
Which of the following is least correct re: ATTEMPTS?
A: Attempted murder of a police officer may be a Class A Felony but may not be punished with the death sentence.
B: An attempt to commit a Class A Felony may be punished as a Class B Felony.
C: An attempt to commit a Class A Misdemeanor is a Class B Misdemeanor.
D: An attempt to commit a Class B Misdemeanor is punishable as a Violation.
D: Choice D is incorrect. The usual rule is that an Attempt is punishable as an offense one grade below the offense attempted. This general rule breaks down in two instances:
a) Attempted Murder 1st Degree, High Drug Sales/Possession, or Use/Possession of Chemical/Biological Weapons 1st Degree. Both the attempt and the completed offenses are Class A Felonies.
b) Attempts at ALL misdemeanors are Class B Misdemeanors.
Roger, Jim, and Tondelayo conspire to commit a robbery in New York. After obtaining loaded guns they go to the supermarket they had planned to rob. Jim sees a police car near the corner, and just as the three enter the store with guns drawn, he assesses his chances of being caught and tells the other two he is not going through with the crime. Jim flees. Tondelayo sees a gray-haired old lady who reminds her of her mother. She suddenly realizes that what she is doing is morally wrong and she tells Roger that she does not want to go through with it. She further tells Roger that if he tries to commit the robbery she is going to run out of the store to shout for the nearby police. Roger doesn’t believe her and she runs out of the store. However, the police car is no longer there. Tondelayo goes to a call box and tells the switchboard operator to send a car. The police in the police car, before receiving the alert over their radio, had captured Jim who told the whole story. The police returned to the store and arrested Roger before the robbery took place. They arrested Tondelayo as she hung up the call box phone.
Answer the following statements as TRUE (A) or FALSE (B).
Question 1:
All three are guilty of Conspiracy 1st Degree.
A: TRUE
B: FALSE
Question 2:
All three are guilty of Attempted Robbery.
A: TRUE
B: FALSE
Question 3:
Jim did not voluntarily and completely renounce his criminal purpose.
A: TRUE
B: FALSE
Question 4:
Tondelayo may successfully use the affirmative defense of renunciation against a charge of Conspiracy.
A: TRUE
B: FALSe
Question 5:
If Roger had completed the robbery, both Jim and Tondelayo could also be found guilty of Robbery.
A: TRUE
B: FALSE
Question 6:
If Roger had completed the robbery, Tondelayo could successfully defend against the charge of Robbery using the affirmative defense of Renunciation.
A: TRUE
B: FALSE
Question 7:
Tondelayo will not succeed if she raises the affirmative defense of Renunciation to a charge of Attempted Robbery.
A: TRUE
B: FALSE
Question 8:
If Tondelayo raises the affirmative defense of Renunciation, she has the burden of proof even though she is the defendant in a criminal action.
A: TRUE
B: FALSE
1-B: Conspiracy 1st Degree requires a conspiracy to commit Class A Felony and ages must be involved.
2-A: Even Jim, who fled just after entering the store, committed an Attempt
3-A: A Renunciation is not voluntary and complete when it is based on a fear that your chance of success is not too good
4-B: Before she can, she must show that her efforts prevented the completed offense. In this case her heart was in the right place, but the police weren’t. Her efforts didn’t prevent the robbery; it was the alertness of the police which prevented it.
5-A: Even though both fled, they aided Roger beforehand and could be found guilty under the rules of Accessorial Conduct
6-A: As far as the completed robbery is concerned, Tondelayo renounced and made a substantial effort to prevent. She keeps her affirmative defense to the ROBBERY even though her efforts di
7-A: Her efforts must prevent the commission of the offense.dn’t prevent it.
8-A: Renunciation is an AFFIRMATIVE DEFENSE and the defendant has the burden of proof. It is a LIGHT BURDEN, however, she need only establish it by a PREPONDERANCE of the EVIDENCE.
Roger borrows Tondelayo’s switchblade knife for the purpose of using it to commit a robbery. Tondelayo lawfully possesses the knife because she is a hunter who is in possession of a valid hunting license. Roger tells Tondelayo that he wants to use the knife to commit a robbery. Tondelayo tries to talk Roger out of doing the robbery, but Roger is not dissuaded. Roger accosts his victim, stabs him with the knife causing serious physical injury, and steals the victim’s wallet. Roger flees from the scene as he hears people approaching in response o the victim’s screams.
According to the Penal Law, which of the following is not correct?
A: Roger was armed with a deadly weapon.
B: Roger is guilty of Robbery 1st Degree.
C: Roger is guilty of Assault 1st Degree.
D: If Roger had intended only to inflict serious physical injury but his victim died, he would not be guilty of Murder, but of Manslaughter 1st Degree.
D: It would still be Murder - Felony Murder
Roger borrows Tondelayo’s switchblade knife for the purpose of using it to commit a robbery. Tondelayo lawfully possesses the knife because she is a hunter who is in possession of a valid hunting license. Roger tells Tondelayo that he wants to use the knife to commit a robbery. Tondelayo tries to talk Roger out of doing the robbery, but Roger is not dissuaded. Roger accosts his victim, stabs him with the knife causing serious physical injury, and steals the victim’s wallet. Roger flees from the scene as he hears people approaching in response o the victim’s screams.
According to Article 35 of the Penal Law, which of the following is correct?
A: Any passing civilian could have used deadly physical force to prevent Roger’s crime.
B: Only a police officer could use deadly physical force to arrest Roger.
C: If Roger had not succeeded in obtaining the victim’s wallet, and fled from the scene, any police officer or civilian could use deadly physical force to arrest him.
D: Any person is authorized to use deadly physical force at any time to arrest Roger for the robbery actually committed.
A: Know the difference in rules re: PREVENT/TERMINATE or ARREST.
Which of the following is correct re: Article 35 of the Penal Law?
A: A “defense” must be raised and proved by the prosecution.
B: An “affirmative defense” must be disproved by the prosecution beyond a reasonable doubt.
C: The burden of proof with respect to “defenses” and “affirmative defenses” is on the prosecution.
D: The defendant must raise both “defenses” and “affirmative defenses.”
D: The defendant must raise both “defenses” and “affirmative defenses.”
Roger borrows Tondelayo’s switchblade knife for the purpose of using it to commit a robbery. Tondelayo lawfully possesses the knife because she is a hunter who is in possession of a valid hunting license. Roger tells Tondelayo that he wants to use the knife to commit a robbery. Tondelayo tries to talk Roger out of doing the robbery, but Roger is not dissuaded. Roger accosts his victim, stabs him with the knife causing serious physical injury, and steals the victim’s wallet. Roger flees from the scene as he hears people approaching in response o the victim’s screams.
According to the Penal Law, which of the following is not correct?
A: Tondelayo is guilty of Criminal Facilitation.
B: Tondelayo is not guilty of Robbery.
C: Tondelayo can successfully raise the affirmative defense of Renunciation to the charge of Criminal Facilitation.
D: If Roger had killed his victim, Tondelayo would not be guilty of Criminal Facilitation 1st Degree.
C: She did NOT make a substantial effort to prevent.
Which of the following is not an “affirmative defense”?
A: Infancy B: Duress C: Entrapment D: Renunciation E: Mental disease or defect
A: Infancy
Which of the following is not correct re: the Defense of Justification?
A: It must be disproved by the prosecution.
B: It is available to both police officers and civilians.
C: It must be established by a preponderance of the evidence.
D: It could be a defense to any prosecution, and is not limited to physical force situations.
C: It must be established by a preponderance of the evidence.
Which of the following is not correct re: the Conspiracy offenses?
A: Conspiracy is always a crime.
B: The prosecution must plead and prove an overt act before a conviction may be had.
C: A person may be prosecuted for Conspiracy only in the county where the overt act takes place.
D: An overt act within the state is not always required for the crime of Conspiracy.
SHOW ANSWER
C: A person may be prosecuted for Conspiracy only in the county where the overt act takes place.
Roger, age 19, SOLICITS Tondelayo, age 15, to commit the crime of Robbery 1st Degree, a Class B Felony. In Fact, Todelayo commits the crime while Roger is home in bed.
Based on the above, evaluate the following statements.
- Roger committed Criminal Solicitation 4th Degree, a Class A Misdemeanor.
- Roger may be found guilty of the offense committed by Tondelayo.
- If arrested, Tondelayo should be processed for the Criminal Court rather than the Family Court.
A: All 3 are correct
B: Only #1 and #3 are correct
C: Only #2 and #3 are correct
D: Only #3 is correct
C: Re: #1, it is CRIM. Solicitation 3rd Degree. See 100.88 P.L.
