Chapter 4: Criminal Liability

Which of the following BEST describes the Pinkerton rule?

A co-conspirator can be held liable for crimes committed by another conspirator, even if the co-conspirator did not know about the other crime and did not agree to commit the other crime.

Which of the following actions would result in a defense to a conspiracy charge that is recognized and provided by the Model Penal Code?

A conspirator thwarts the success of the conspiracy with voluntary renunciation of the criminal purpose.

Which of the following is almost always true when a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime?

A law has not yet been violated.

Why are preliminary crimes not always present when an underlying crime occurs?

Because not all crimes are planned in advance.

Which of the following is NOT true of the accomplice to a crime?

His punishment is the same as that for a party who aids the principal after the crime.

Which of the following is TRUE of an overt act to prove a conspiracy?

It can be virtually any act.

Which of the following is true of using the impossibility of committing a crime as a defense for conspiracy?

It can never be used.

Which of the following is TRUE of a common design?

It is a spoken or unspoken conspiracy to commit an unlawful act.

Which of the following is NOT true of the crime of solicitation?

It is committed only when one person gets another person to commit a crime.

Which of the following is TRUE of aiding and abetting?

It requires both an act and a mental state.

Which of the following is TRUE when one of the conspirators to a crime abandons the conspiracy before the crime is committed?

The crime of conspiracy is nonetheless complete, and all parties are still guilty of conspiracy.

Which of the following is TRUE of bad thoughts by themselves?

They cannot be charged in ANY crime.

Which of the following is NOT one of the questions that always arises when considering preliminary offenses?

What did the suspect know about the illegality of the act committed?

Which of the following is NOT one of the terms used to describe one who is knowingly involved in or connected with the commission of a crime either before or during its commission?

an accessory after the fact

The most frequently charged of the preliminary crimes is _______.

attempt

Most states have specific _______ requirements in their general solicitation statutes.

corroboration

How can a person be liable for the conduct of another?

if he or she is an aider and abettor to a person who committed a crime

Anticipatory crimes are commonly referred to as _______.

inchoate crimes

Prosecutions under solicitation statutes require a showing that the defendant has done more than which of the following?

made a casual suggestion that an illegal act be committed

The purpose of conspiracy statutes is to prevent and punish criminal _______.

partnerships

States often have which two types of solicitation statutes?

specific and general

The majority of states use which of the following tests to determine how the act requirement in attempt crimes is defined?

substantial step test

The crime of conspiracy is _______ of the preliminary crimes.

the oldest

Under which of the following rules can all involved be punished when a number of people have a coordinated scheme to do an unlawful act?

under the common design rule

When, in most states, has a person committed criminal conspiracy?

when he or she agrees with another person to engage in conduct that constitutes the offense