Chapter 6-Homicidal Offenses

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

____ 2. The most frequently charged inchoate offense is __________.

a. conspiracy c. solicitation
b. attempt d. none of these

____ 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

____ 4. 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

____ 5. Most American jurisdictions now define the inchoate crimes by _____________.
a. the common law c. statute
b. executive order d. judicial decision

____ 6. 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

____ 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

____ 15. To be guilty of conspiracy, one must __________________.

a. know and see ones 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.

____ 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

____ 20. Conspiracy is now defined by statute in __________ jurisdictions.

a. both federal and state c. federal but not most state
b. most state d. neither federal nor state

____ 21. The range of criminal conspiracies includes ____________________.

a. deprivations of civil rights c. violations of antitrust laws
b. illicit drug trafficking d. all of these

____ 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

1. ANS: PTS: 1 REF: 119 OBJ: 1

2. ANS: PTS: 1 REF: 119 OBJ: 1
3. ANS: PTS: 1 REF: 119 OBJ: 1
4. ANS: PTS: 1 REF: 119 OBJ: 1
5. ANS: PTS: 1 REF: 119 OBJ: 1
6. ANS: PTS: 1 REF: 122 OBJ: 2
7. ANS: PTS: 1 REF: 122 OBJ: 2
8. ANS: PTS: 1 REF: 120 OBJ: 3
9. ANS: PTS: 1 REF: 120 OBJ: 3
10. ANS: PTS: 1 REF: 122 OBJ: 3
11. ANS: PTS: 1 REF: 123-124 OBJ: 4
12. ANS: PTS: 1 REF: 123 OBJ: 5
13. ANS: PTS: 1 REF: 126 OBJ: 10
14. ANS: PTS: 1 REF: 123-124 OBJ: 4
15. ANS: PTS: 1 REF: 126 OBJ: 6
16. ANS: PTS: 1 REF: 128 OBJ: 6
17. ANS: PTS: 1 REF: 129 OBJ: 6
18. ANS: PTS: 1 REF: 125 OBJ: 6
19. ANS: PTS: 1 REF: 127 OBJ: 6
20. ANS: PTS: 1 REF: 126 OBJ: 6
21. ANS: PTS: 1 REF: 128 OBJ: 6
22. ANS: PTS: 1 REF: 131 OBJ: 8
23. ANS: PTS: 1 REF: 129-130 OBJ: 9
24. ANS: PTS: 1 REF: 129-130 OBJ: 9
25. ANS: PTS: 1 REF: 132 OBJ: 10