Criminal Law - Chapter 7
If a jury were to convict an offender of both attempt and the completed crime, the ________ Amendment's double jeopardy provision would be violated because it is unconstitutional to punish a person twice for the same offense.
5th
The ________ element of solicitation occurs when another person entices, advises, incites, orders, or otherwise encourages another to commit a crime.
Actus reus
This type of large-scale conspiracy is one in which the individuals at one end of the conspiracy are not aware of the individuals at the other end.
Chain conspiracy
An out-of-court statement offered as evidence for the truth of the matter asserted is ________.
Hear say
An out-of-court statement offered as evidence for the truth of the matter asserted is known as ________.
Hear say
What is the mens rea of attempt?
Intend the act and intend the result
In regards to the crime of attempt, ________ impossibility is often regarded as a defense, while ________ impossibility is not.
Legal, factual
This is a voluntary action taken by the defendant in furtherance of the crime of conspiracy.
Overt act
The Model Penal Codes offers what defenses for the crime of solicitation?
Renunciation (cannot be guilty if defendant renounces their criminal intent and blocks the crimes commission)
This type of large-scale conspiracy is one in which one central actor has control of all of the aspects of the conspiracy, while the other members of the conspiracy have control of only one aspect.
Spoke and wheel conspiracies
A prison inmate sent letters to his wife on the outside, soliciting various criminal activities. This case determined there was no evidence the letters actually reached his wife, so the inmate could not be convicted of solicitation.
State vs. Cotton
Which test for the actus reus of attempt looks at whether the offender has control of everything necessary to complete the crime?
The indispensable element test
Which test for the actus reus of attempt requires the offender to take a substantial step that corroborates the criminal purpose?
The model penal code "substantial step" test
Which test for the actus reus of attempt looks at the likelihood of the offender stopping once the wheels have been set in motion?
The probable desistance test
Which test for the actus reus of attempt looks at when a normal law abiding citizen views the offender's actions as criminal?
The unequivocality test
This defense to conspiracy provides that a conspiracy cannot occur when two persons are required for the commission of a crime.
Wharton's Rule
There are two defenses that are unique to attempt: impossibility and ________.
abandonment
Conspiracy is a(n) ________ to commit a crime, typically combined with some overt act in furtherance of that agreement.
agreement
In general, solicitation is a(n) ________ conspiracy.
attempted
A(n) ________ conspiracy is a type of large-scale conspiracy in which the individuals at one end of the conspiracy are not aware of the individuals at the other end.
chain
This is when two or more offenders work together and actually commit a criminal act.
complicity
An agreement to commit a crime is known as a(n) ________.
conspiracy
This is an inchoate offense in which an agreement is reached to commit a crime.
conspiracy
A person can be convicted of a(n) ________ crime even if he does not actually complete the crime he intended to commit.
incohate
The rule that complicity cases are distinct from conspiracy cases is known as the ________ rule.
pinkerton
An offer to commit a crime is a(n) ________.
solicitation
An offer to commit a crime is known as a(n) ________.
solicitation
This is an inchoate offense that occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime.
solicitation
Words commanding or urging the commission of a crime, plus specific intent, is the crime of ________.
solicitation