LEG 320 Week 3 Quiz – Strayer



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Quiz 3 Chapter 4 and 5

CHAPTER 4
CRIMINAL LIABILITY

MULTIPLE CHOICE

1.         A request made to another person to commit a crime is the offense of
a.
conspiracy
b.
attempt
c.
solicitation
d.
obstruction of justice



2.         The purpose of solicitation, conspiracy, and attempt statutes is to
a.
prevent serious harm before it occurs
b.
prevent persons from aiding the criminal after completion of the crime
c.
obtain the cooperation of material witnesses
d.
prevent criminals from escaping



3.         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
a.
not yet violated any law
b.
still violated any law
c.
committed a crime
d.
committed a misdemeanor



4.         Abandonment or withdraw by a conspirator makes the crime
a.
nonetheless complete
b.
not complete
c.
complete if one of the conspirators commits the crime
d.
not complete unless one of the conspirators commits the crime



5.         The crime of solicitation is committed when
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


6.         In the early 1600s, what crime was used extensively by the English Court of the Star Chamber?
a.
attempt
b.
conspiracy
c.
solicitation
d.
obstruction of justice



7.         What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states?
a.
payment or reward
b.
overt act
c.
two or more guilty persons
d.
agreement



8.         The death of a co-conspirator
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



9.         For criminal conspiracy, proof of an overt act by a defendant
a.
was required under common law
b.
is unconstitutional
c.
is required by most current state statutes
d.
is extremely difficult to prove



10.       Evidence of an overt act would provide some assurance that
a.
at least one of the conspirators was sincere
b.
there are at least two persons involved in the conspiracy
c.
the object of the conspiracy is illegal
d.
there is more than just an attempt to solicit



11.       The Wharton Rule states that the crime of conspiracy cannot be charged if the number of people involved are only those necessary by factual circumstance to
a.
none of these is correct
b.
get away with the crime
c.
plan the crime
d.
commit the crime



12.       A person could be criminally liable for the conduct of another if he or she is a party to a conspiracy to commit a crime and
a.
hires another to commit a crime
b.
urges another to commit a crime
c.
counsels another to commit a crime
d.
all of these answers are true



13.       The U.S. Supreme Court has stated that the essence of the crime of conspiracy is
a.
completion of the substantive crime
b.
commission of an overt act by one of the conspirators
c.
that object of the conspiracy is illegal
d.
agreement to commit a crime



14.       A conspiracy to commit an unlawful act is known as a/an
a.
common design
b.
commitment design
c.
conspiracy design
d.
concomitant design



15.       The most frequently charged anticipatory offense is that of
a.
attempt
b.
solicitation
c.
conspiracy
d.
obstruction of justice



16.       To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of
a.
an agreement to commit the crime
b.
a request to commit the crime
c.
completion of a substantial step
d.
a motive


            9                  


17.       Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of _____ has been committed.
a.
attempt
b.
solicitation
c.
conspiracy
d.
obstruction of justice


                                

18.       Attempting to pick an empty pocket would be an example of which kind of impossibility?
a.
legal
b.
factual
c.
imminent
d.
contingent



19.       Attempting to receive stolen goods that were not stolen would be an example of which kind of impossibility?
a.
legal
b.
factual
c.
imminent
d.
contingent



20.       For the crime of attempt, most state and federal courts have rejected the defenses of
a.
consent and alibi
b.
insanity and necessity
c.
coercion and entrapment
d.
legal and factual impossibility



21.       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
a.
guilty of an attempt
b.
guilty of conspiracy
c.
not guilty of an attempt
d.
none of these answers is correct



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