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Exam 5: Attempt, Solicitation, and Conspiracy

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Question 1

Multiple Choice

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Which of the following terms is based on the requirement that both parties to a conspiracy intentionally enter an agreement to commit the crime that is the objective of the conspiracy?

A) bilateral requirement
B) unilateral requirement
C) proximity requirement
D) two-party requirement

E) B) and C)
F) A) and D)

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Question 2

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Under the common law, the act of conspiracy requires an overt act in addition to an agreement between two or more persons to commit a criminal act.

A) True
B) False

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Question 3

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One difference between various states' statutes on conspiracy is whether an overt act is required to carry out the conspiracy.

Ann and Sue entered into a conspiracy to commit murder. At trial, Sue was found not guilty by reason of insanity. As a result, under the Model Penal Code, Ann should also be acquitted of conspiracy.

What is a wheel conspiracy? Provide an example illustrating the circle conspiracy.

Discuss the rationales for punishing the crime of solicitation.

Richard and Robert were convicted of bribery of a public official and the conspiracy to bribe the public official. Which of the following is true?

Walt planned to go on a crime spree breaking into cars late at night. In furtherance of his plan, he bought a crowbar to break into the cars and dark clothes to wear. The day of his planned crime spree, Walt had a change of heart and decided not to break into any cars. He also returned the items he purchased. As a result, Walt has a legitimate defense to a charge of attempted burglary.

The doctrine of inherent impossibility prohibits punishing an individual for a crime that does not exist.

Bob and George planned to rob a series of houses in a local neighborhood. In addition to casing the neighborhood, the men carefully planned which night they would burglarize each particular house, and they gathered tools specific to each burglary. Additionally, they based their decisions of what house to burglarize on a given day on details they learned about the residents' schedules. The night before the planned burglary of the Smiths's house, Bob and George cased the house once more. The following evening, they went back to the house at 8 p.m., expecting that Smiths to be gone for the evening. To their surprise, the Smiths were at home. Law enforcement investigation later revealed that Bob and George were suspects in a series of home burglaries. Pursuant to a search warrant, the police seized the pair's detailed plans, including the plans to burglarize the Smiths' house. Bob and George were charged with multiple counts of burglary as well as the attempted burglary of the Smiths' house. What legal concept is implicated by this scenario, and what is the likely outcome?

A specific intent that another individual commit a crime is the mens rea of which of the following?

Jake and Jill form an agreement to commit an armed robbery. As a result, they have committed the crime of ______.

The Model Penal Code incorporates the Gebardi rule.

The Model Penal Code recognizes the defense of abandonment where an individual completely and voluntarily renounced his or her criminal purpose.

Ginger and Phil plotted to carjack a motorist and steal the person's car. They obtained guns and ski masks and selected an isolated location to carry out their plot. Additionally, they asked Sarah to take them to the bank and wait for them. They did not inform Sarah that they would be robbing a bank while there. On the day of the robbery, Ginger and Phil completed the robbery and ran out of the bank toward Sarah's car. However, the police responded before Sarah could drive away and arrested all three individuals. Which of the following is true?

Several individuals entered into an agreement to import, sell, and distribute illegal contraband. The various individuals were assigned different tasks in furtherance of their goals. After an extensive sting operation, the individuals were arrested and charged with conspiracy. Which of the following terms describes this conspiracy?

The mens rea of conspiracy is the intent to achieve the object of the agreement.

Punishment for which of the following crimes has raised concerns about infringement upon an individual's First Amendment rights?