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Chapt 6
Chapt 6
Multiple Choice
Identify the choice that best completes the statement or answers the question.
____ 1. During the 1800s, inchoate offenses were recognized as ____ by the English common law.
a. capital crimes c. felonies
b. misdemeanors d. torts
____ 3. 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 c. judicial
b. the Model Penal Code d. a general attempt statute
____ 5. Most American jurisdictions now define the inchoate crimes by _____________.
a. the common law c. statute
b. executive order d. judicial decision
____ 7. Some jurisdictions have laws providing that it is a defense to the crime of ________ if the defendant
voluntarily abandons its completion
a. attempt c. rape
b. perjury d. None of these
____ 8. 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 (an) ______________.
a. conspiracy
b. prohibited substantive crime in and of itself
c. substantial step toward the completion of the substantive offense
d. None of these
____ 9. Where a criminal offense is specifically defined as including a (an) _____, a defendant who is found
guilty should be convicted of the substantive offense, and not of an attempt to commit that offense.
a. conspiracy c. attempt
b. solicitation d. None of these
____ 10. Which of the following substantive crimes would most likely embrace an attempt?
a. murder c. uttering a forged instrument
b. rape d. None of these
____ 11. Jones paid Smith $5,000 to kidnap Brown. En route to Browns home, Smiths 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
____ 12. Commission of the crime of ___________ may be perpetrated through an intermediary.
a. attempt c. solicitation
b. adultery d. none of these
____ 13. In some states, a defense to a charge of ___________ is 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 c. subornation
b. attempt d. solicitation
____ 14. 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 c. attempt
b. assault d. injunction
____ 16. In general, the actus reus of the crime of conspiracy is _____________.
a. the act of solicitation
b. an attempt
c. an unlawful agreement
d. a substantial step to effectuate the conspiracy
____ 17. 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
_______ of the parties to the conspiracy.
a. All c. at least one
b. at least two d. None of these
____ 18. While the crime of solicitation merely requires an enticement, the offense of __________ entails an
agreement.
a. misprision of felony c. aiding and abetting
b. compounding a crime d. conspiracy
____ 19. 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. conspiracy c. attempt
b. riot d. unlawful assembly
____ 22. The legal doctrine that holds that two people cannot conspire to commit a crime such as adultery,
incest, or bigamy since these offenses require two participants is known as _______.
a. the Pinkerton Rule
b. the principle that conspiracy does not merge into the target offense
c. Whartons Rule
d. the concept that conspiracy is not applicable to commission of any offenses
involving sexual conduct
____ 23. Under the _____________ Rule, a member of a conspiracy is liable for offenses committed by
others in furtherance of the conspiracy.
a. Wharton c. Pinkerton
b. vicarious liability d. Anders
____ 24. In ____________ (1946), a man was charged with conspiring with his brother for to violate the
federal tax laws, including some offenses allegedly committed by his brother during times that he
was incarcerated.
a. Pinkerton v. United States c. Leary v. United States
b. Callanan v. United States d. Marchetti v. United States
____ 25. In some states, statutes specifically provide for a defense of withdrawal from and renunciation of
______________.
a. a criminal solicitation c. a conspiracy
b. a criminal attempt d. none of these
Chapter 6-Homicidal Offenses
Answer Section
MULTIPLE CHOICE