Question 1

To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of: ​

Accepted Answer

A)  an agreement to commit the crime.
B)  a request to commit the crime.
C)  completion of a substantial step.
D)  a motive.E) A) and B)
F) A) and C)

Question 2

Impossibility is generally not a defense, unless:

Accepted Answer

A)  the crime did not occur.
B)  the defendant is ruled mentally incompetent. ​
C)  what is being attempted is a crime.
D)  what is being attempted is not a crime.E) None of the above
F) All of the above

Question 3

Explain the reasoning for state and federal statutes regarding post-crime offenses. List at least three examples of post-crime offenses.

Accepted Answer

State and federal statutes regarding post-crime offenses are in place to ensure that individuals who have committed a crime are held accountable for their actions, even after the initial crime has been committed. These statutes are designed to address the ongoing impact and consequences of criminal behavior, and to provide a legal framework for addressing post-crime offenses.

One example of a post-crime offense is probation violation. If an individual is on probation as part of their sentence for a previous crime, and they violate the terms of their probation, such as by failing a drug test or committing another offense, they can be charged with a post-crime offense.

Another example is failure to appear in court. If an individual is required to appear in court for a scheduled hearing or trial related to their previous crime, and they fail to do so, they can be charged with a post-crime offense.

A third example is witness tampering. If an individual attempts to intimidate or influence a witness in a criminal case, either before or after the trial has taken place, they can be charged with a post-crime offense.

These are just a few examples of post-crime offenses, and there are many other types of behaviors that can be considered post-crime offenses under state and federal statutes. These statutes are important for maintaining the integrity of the criminal justice system and ensuring that individuals are held accountable for their actions, even after the initial crime has been committed.

Question 4

If a defendant plans to engage in conduct that he believes to be a crime, but the conduct as planned is not a crime, the defendant is:

Accepted Answer

A)  guilty of an attempt.
B)  guilty of conspiracy.
C)  not guilty of an attempt.
D)  None of these choices.E) B) and C)
F) A) and D)

Question 5

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

Accepted Answer

A)  Which is not an example of a post-crime offense?
B)  Cheating on your taxes
C)  Obstructing justice
D)  Committing perjury
E)  Bribing witnessesF) B) and E)
G) C) and E)

Question 6

Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of _____ has been committed. ​

Accepted Answer

A)  attempt
B)  solicitation
C)  conspiracy
D)  obstruction of justiceE) C) and D)
F) A) and B)

Question 7

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

Accepted Answer

A)  In order for an action to be considered a post-crime offense, the action must:
B)  aid the person who committed the original crime.
C)  have been considered before the original crime was committed.
D)  be unrelated to the person who committed the original crime.
E)  must in all cases be committed by someone other than the person who committed the original crime.F) A) and B)
G) A) and C)

Question 8

Under common law, a person who knew a crime had been committed and gave aid or comfort to the person who committed the crime was termed a/an _________ after the fact.

Accepted Answer

The answer of Under common law, a person who knew...

Question 9

Explain the theory of "what one did, they all did" in determining criminal liability in a conspiracy. Give an example.

Accepted Answer

The theory of "what one did, they all di...

Question 10

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law. ​

Accepted Answer

A) True 
 B)False

Question 11

For most __________ liability crimes, a person cannot be convicted of attempt.

Accepted Answer

strict

Question 12

"What one did they all did" is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement. ​

Accepted Answer

A) True 
 B)False

Question 13

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

Accepted Answer

A)  In order for an action to be considered a post-crime offense, there must be:
B)  knowledge that the crime was committed.
C)  an attempt at a conspiracy.
D)  a solicitation by the person or persons who committed the crime. ​
E)  evidence of a solicitation.F) A) and E)
G) B) and E)

Question 14

Which impossibility defense is still viable?

Accepted Answer

A)  Engaging in conduct one thinks is a crime but that is not a crime
B)  Engaging in factual impossibility
C)  Engaging in legal impossibility
D)  Engaging in legal or factual impossibilityE) A) and B)
F) A) and C) A

Question 15

A person who aids and abets a criminal is sometimes referred to as an accomplice.

Accepted Answer

A) True 
 B)False

Question 16

Attempting to pick an empty pocket would be an example of which kind of impossibility? ​

Accepted Answer

A)  Legal
B)  Factual
C)  Imminent
D)  ContingentE) A) and D)
F) None of the above

Question 17

Incitement is synonymous with _____.

Accepted Answer

The answer of Incitement is synonymous with _____....

Question 18

Chad spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his ex-girlfriend. Chad stalks his ex-girlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.

Accepted Answer

A)  Chad's previous prison cell-mate Scott drove Chad to Megan's house with the intent of helping Chad dispose of the body. Scott helped Chad plan the murder, supplied him with the weapon, and helped bury her in the desert. Chad could be considered a/an:
B)  partner in crime.
C)  accomplice. ​
D)  criminal acquaintance.
E)  unwilling accomplice.F) B) and E)
G) A) and C)

Question 19

The crime of solicitation is committed when: ​

Accepted Answer

A)  the person solicited commits the requested crime.
B)  the person solicited accepts payment.
C)  when a person attempts to get another to commit a crime.
D)  when the agreement is placed in writing.E) All of the above
F) None of the above

Question 20

The death of a co-conspirator: ​

Accepted Answer

A)  may affect a prosecution for conspiracy.
B)  ends any possibility of prosecution for conspiracy.
C)  always affects a prosecution for conspiracy.
D)  never affects a prosecution for conspiracy.E) A) and C)
F) All of the above

Exam 4: Criminal Liability

To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of:

Correct Answer
verified

Impossibility is generally not a defense, unless:

Correct Answer
verified

Explain the reasoning for state and federal statutes regarding post-crime offenses. List at least three examples of post-crime offenses.

If a defendant plans to engage in conduct that he believes to be a crime, but the conduct as planned is not a crime, the defendant is:

Correct Answer
verified

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

Correct Answer
verified

Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of _____ has been committed.

Correct Answer
verified

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

Correct Answer
verified

Under common law, a person who knew a crime had been committed and gave aid or comfort to the person who committed the crime was termed a/an _________ after the fact.

Correct Answer
verified

Explain the theory of "what one did, they all did" in determining criminal liability in a conspiracy. Give an example.

Correct Answer
Answered by ExamLex AI
The theory of "what one did, they all di...
View Answer

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law.

Correct Answer
verified

For most __________ liability crimes, a person cannot be convicted of attempt.

Correct Answer
verified
strict

"What one did they all did" is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement.

Correct Answer
verified

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

Correct Answer
verified

Which impossibility defense is still viable?

Correct Answer
verified
A

A person who aids and abets a criminal is sometimes referred to as an accomplice.

Correct Answer
verified

Attempting to pick an empty pocket would be an example of which kind of impossibility?

Correct Answer
verified

Incitement is synonymous with _____.

Correct Answer
verified

Chad spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his ex-girlfriend. Chad stalks his ex-girlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.

Correct Answer
verified

The crime of solicitation is committed when:

Correct Answer
verified

The death of a co-conspirator:

Correct Answer
verified

Exam 4: Criminal Liability

To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of: ​

Correct AnswerverifiedShow Answer

Impossibility is generally not a defense, unless:

Correct AnswerverifiedShow Answer

Explain the reasoning for state and federal statutes regarding post-crime offenses. List at least three examples of post-crime offenses.

If a defendant plans to engage in conduct that he believes to be a crime, but the conduct as planned is not a crime, the defendant is:

Correct AnswerverifiedShow Answer

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

Correct AnswerverifiedShow Answer

Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of _____ has been committed. ​

Correct AnswerverifiedShow Answer

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

Correct AnswerverifiedShow Answer

Under common law, a person who knew a crime had been committed and gave aid or comfort to the person who committed the crime was termed a/an _________ after the fact.

Correct AnswerverifiedShow Answer

Explain the theory of "what one did, they all did" in determining criminal liability in a conspiracy. Give an example.

Correct AnswerAnswered by ExamLex AIThe theory of "what one did, they all di...View AnswerShow Answer

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law. ​

Correct AnswerverifiedShow Answer

For most __________ liability crimes, a person cannot be convicted of attempt.

Correct Answerverifiedstrict

"What one did they all did" is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement. ​

Correct AnswerverifiedShow Answer

Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.

Correct AnswerverifiedShow Answer

Which impossibility defense is still viable?

Correct AnswerverifiedA

A person who aids and abets a criminal is sometimes referred to as an accomplice.

Correct AnswerverifiedShow Answer

Attempting to pick an empty pocket would be an example of which kind of impossibility? ​

Correct AnswerverifiedShow Answer

Incitement is synonymous with _____.

Correct AnswerverifiedShow Answer

Chad spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his ex-girlfriend. Chad stalks his ex-girlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.

Correct AnswerverifiedShow Answer

The crime of solicitation is committed when: ​

Correct AnswerverifiedShow Answer

The death of a co-conspirator: ​

Correct AnswerverifiedShow Answer

To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of:

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of _____ has been committed.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The theory of "what one did, they all di...
View Answer

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law.

Correct Answer
verified

Correct Answer
verified
strict

"What one did they all did" is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A

Correct Answer
verified

Attempting to pick an empty pocket would be an example of which kind of impossibility?

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

The crime of solicitation is committed when:

Correct Answer
verified

The death of a co-conspirator:

Correct Answer
verified