Reference no: EM131394918

1. Where a criminal offense is defined as including a(n) ____, a defendant who is found guilty should be convicted of the substantive offense, and not of an attempt to commit that offense.
a. conspiracy
b. solicitation
c. attempt
d. None of these

2. Jones paid Smith $5,000 to kidnap Brown. En route to Brown's home, Smith's efforts were foiled by the police. Jones may be prosecuted for ____.
a. attempted kidnapping
b. solicitation
c. compounding a crime
d. no offense because the kidnapping did not occur

3. According to the authors, the most frequently charged inchoate offense is ____.
a. conspiracy
b. attempt
c. solicitation
d. none of these

4. A defendant cannot be found guilty of attempt if ____.
a. it is legally impossible to commit the attempted offense
b. he or she is convicted of conspiracy to commit the same crime
c. the attempt is unsuccessful
d. all of these

5. To be guilty of conspiracy, one must ____.
a. know and see one's co-conspirators
b. be a party to an explicit agreement to commit a crime
c. be unsuccessful in committing the target crime
d. None of these is correct.

6. The legal doctrine that holds that two people cannot conspire to commit a crime such as adultery, incest, or bigamy since these offenses require only two participants is known as __.
a. the Pinkerton Rule
b. the principle that conspiracy does not merge into the target offense
c. Wharton's Rule
d. the concept that conspiracy is not applicable to commission of any offenses involving sexual conduct

7. Federal courts have recognized the requisite elements of attempt as (1) an intent to engage in criminal conduct, and (2) the performance of an act that constitutes a(n) ____.
a. substantial step toward the completion of the substantive offense
b. conspiracy
c. prohibited substantive crime in and of itself
d. none of these

8. State penal codes often specifically provide for attempts to commit the most serious crimes such as murder. The remaining offenses are then covered by ____.
a. the common law
b. a general attempt statute
c. the Model Penal Code
d. judicial interpretation

9. In general, the actus reus of the crime of conspiracy is the ____.
a. the act of solicitation
b. an attempt
c. unlawful agreement
d. substantial step to effectuate the conspiracy

10. To obtain a conviction for conspiracy, the prosecution generally must prove that the defendant intended to further the unlawful object of the conspiracy, and such intent must exist in the minds of at least ____ of the parties to the conspiracy.
a. all
b. two
c. all but one
d. none of these

11. During the 1800s, inchoate offenses were recognized as ____ by the English common law.
a. capital crimes
b. misdemeanors
c. felonies
d. torts

12. Generally speaking, a defendant may not be convicted of attempt if it was ____ impossible to commit the target crime.
a. legally
b. factually
c. theoretically
d. practically

13. While the crime of solicitation merely requires an enticement, the offense of ____ entails an agreement.
a. the common law
b. a general attempt statute
c. conspiracy
d. misprision of felony

14. Commission of the crime of ____ may be perpetrated through an intermediary.
a. attempt
b. adultery
c. solicitation
d. none of these

15. Which of the following substantive crimes would most likely subsume an attempt?
a. murder
b. rape
c. uttering a forged instrument
d. none of these

16. Some jurisdictions have laws providing that it is a defense to the crime of ____ if the defendant voluntarily prevents its consummation.
a. attempt
b. perjury
c. rape
d. none of these

17. Most American jurisdictions now define the inchoate crimes by ____.
a. the common law
b. statute
c. executive order
d. judicial decision

18. In Callanan v. United States (1961), Supreme Court Justice Felix Frankfurter observed that "the danger which a(n) ____ generates is not confined to the substantive offense which is the immediate aim of the enterprise."
a. riot
b. attempt
c. unlawful assembly
d. conspiracy

19. In some states, it is a defense to a charge of ____ if the defendant can prove that he or she prevented completion of the target crime under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
a. perjury
b. attempt
c. subornation
d. solicitation

20. Inchoate offenses are designed ____.
a. to define activity that is directed toward completion of a crime
b. to enable law enforcement officers to terminate criminal conduct at an early stage
c. to allow police to apprehend dangerous persons before they accomplish their criminal objectives
d. all of these

21. Conspiracy is now defined by statute in ____ jurisdictions.
a. both federal and state
b. most state
c. federal but not state
d. neither federal nor state

22. Where an offense is defined as including a(n) ____, the defendant should not be found guilty of an attempt to commit that offense.
a. specific intent
b. attempt
c. conspiracy
d. general intent

23. The range of criminal conspiracies includes ____.
a. deprivations of civil rights
b. illicit drug trafficking
c. violations of antitrust laws
d. all of these

24. A person who paid another to commit kidnapping could still be found guilty of ____ if a police officer intervened and prevented the abduction.
a. solicitation
b. assault
c. attempt
d. injunction