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1What is an inchoate offense?
What is an inchoate offense?2Under the common law, what is a criminal attempt?
Under the common law, what is a criminal attempt?3What is the mens rea for attempt?
What is the mens rea for attempt?4Can an actor attempt a general intent crime?
Can an actor attempt a general intent crime?5Under the standard common-law definition of attempt, is it possible to attempt a crime requiring a mental state of recklessness or negligence?
Under the standard common-law definition of attempt, is it possible to attempt a crime requiring a mental state of recklessness or negligence?6How does the Model Penal Code (MPC) define the actus reus for attempt?
How does the Model Penal Code (MPC) define the actus reus for attempt?7What is the substantial step approach to attempt?
What is the substantial step approach to attempt?8Under the MPC, could surveilling a place to commit a crime constitute a substantial step in an attempt?
Under the MPC, could surveilling a place to commit a crime constitute a substantial step in an attempt?9What is the proximity test?
What is the proximity test?10What is the probable desistance approach to attempt?
What is the probable desistance approach to attempt?11If a defendant is charged with a crime and the facts are sufficient to show that the crime was completed, can the defendant be convicted of either ...
If a defendant is charged with a crime and the facts are sufficient to show that the crime was completed, can the defendant be convicted of either the attempt or the completed crime?12What is a lesser included offense?
What is a lesser included offense?13What is the defense of factual impossibility?
What is the defense of factual impossibility?14What is the defense of legal impossibility?
What is the defense of legal impossibility?15What is the defense of abandonment?
What is the defense of abandonment?16Under the MPC, what is the renunciation defense to attempt?
Under the MPC, what is the renunciation defense to attempt?17A drunk driver left a bar, got in his truck, and drove into an oncoming car, nearly killing the other driver. An investigation revealed that, as th...
A drunk driver left a bar, got in his truck, and drove into an oncoming car, nearly killing the other driver. An investigation revealed that, as the driver left the bar, the bartender said, "Hey, you can't drive! You'll kill somebody!" The driver admitted to hearing this warning, but insisted that the crash was an accident. The driver is telling the truth, which means the driver injured the victim recklessly, not intentionally. Can the driver be convicted of attempted involuntary manslaughter for having nearly killed the other driver?18An inmate devised a plan to escape from prison. For two weeks, the inmate surreptitiously recorded each prison guard's break time and shift change ...
An inmate devised a plan to escape from prison. For two weeks, the inmate surreptitiously recorded each prison guard's break time and shift change to determine the best timing for the escape. During a routine cell inspection, guards discovered the inmate's recorded notes and escape plans. The inmate was charged with attempted escape from prison, a felony. The jurisdiction applies the proximity test. Has the inmate satisfied the actus reus of attempted escape?19A man entered a bank, intending to rob it. Upon seeing two police officers inside, the man changed his mind and left without doing anything in purs...
A man entered a bank, intending to rob it. Upon seeing two police officers inside, the man changed his mind and left without doing anything in pursuit of a robbery. The officers were at the bank because they had been alerted to the man’s plans. They followed the man out of the bank and arrested him. When the man turned to leave the bank, he genuinely abandoned any plan to commit the robbery. Under the MPC approach, has the man established an affirmative defense of renunciation to the attempted bank robbery?20What is the common law definition of conspiracy?
What is the common law definition of conspiracy?21In common-law conspiracy, must the conspirators’ agreement to commit a crime, or a lawful act by criminal means, be explicit?
In common-law conspiracy, must the conspirators’ agreement to commit a crime, or a lawful act by criminal means, be explicit?22What is the actus reus of conspiracy at common law?
What is the actus reus of conspiracy at common law?23Under the common law of conspiracy, what is a bilateral conspiracy?
Under the common law of conspiracy, what is a bilateral conspiracy?24What is a unilateral conspiracy?
What is a unilateral conspiracy?25Under the MPC, may a defendant be convicted of conspiracy if all of the other alleged conspirators have been acquitted?
Under the MPC, may a defendant be convicted of conspiracy if all of the other alleged conspirators have been acquitted?26Under the modern common law, can a husband and wife be convicted of conspiracy?
Under the modern common law, can a husband and wife be convicted of conspiracy?27Under the common law of conspiracy, can a corporation be a party to a conspiracy?
Under the common law of conspiracy, can a corporation be a party to a conspiracy?28Under the common law, what is the Wharton rule of conspiracy?
Under the common law, what is the Wharton rule of conspiracy?29Does the Wharton rule of conspiracy apply if a person conspires to commit a crime for which that person cannot be liable?
Does the Wharton rule of conspiracy apply if a person conspires to commit a crime for which that person cannot be liable?30Can a person be convicted of conspiring with a person who is in a class of people that a statute was designed to protect?
Can a person be convicted of conspiring with a person who is in a class of people that a statute was designed to protect?31What is the mens rea for the crime of conspiracy?
What is the mens rea for the crime of conspiracy?32Under the common law of conspiracy, must the parties to a conspiracy intend to achieve an unlawful goal that is the object of the conspiracy?
Under the common law of conspiracy, must the parties to a conspiracy intend to achieve an unlawful goal that is the object of the conspiracy?33Under the common law of conspiracy, is a person who supplies goods or services to a conspiracy liable for conspiracy based solely on the supplier’s...
Under the common law of conspiracy, is a person who supplies goods or services to a conspiracy liable for conspiracy based solely on the supplier’s knowledge that the goods or services will be used to further an unlawful goal?34Under the common law of conspiracy, what is the corrupt motive doctrine?
Under the common law of conspiracy, what is the corrupt motive doctrine?35Under the common law, is impossibility a defense to conspiracy?
Under the common law, is impossibility a defense to conspiracy?36For a particular defendant to be found guilty of conspiracy, must that defendant commit an overt act in furtherance of the conspiracy?
For a particular defendant to be found guilty of conspiracy, must that defendant commit an overt act in furtherance of the conspiracy?37A man asked a woman to help him rob a bank. The woman agreed. Later that day, without the woman’s knowledge, the man went to the bank and spent the...
A man asked a woman to help him rob a bank. The woman agreed. Later that day, without the woman’s knowledge, the man went to the bank and spent the afternoon wandering in and out of the lobby, watching the front of the building, and taking photographs of the surroundings. Law enforcement officers who had been monitoring the man saw him surveilling the bank and arrested him. After the man informed them of his earlier conversation with the woman, the officers arrested her, too. The jurisdiction’s conspiracy law had an overt-act requirement. Are both the man and the woman guilty of conspiracy?38A man hailed a taxi. The man said to the driver, "What's the fare to First National Bank? I’m going to rob it." The driver replied that the standar...
A man hailed a taxi. The man said to the driver, "What's the fare to First National Bank? I’m going to rob it." The driver replied that the standard fare would be seven dollars. The man said, "Great, let's go," and got in the cab. The driver drove the man to First National Bank, where the man paid the driver seven dollars and exited the cab. The driver drove away, and the man robbed the bank. Is the taxi driver guilty of conspiracy to commit bank robbery?39What is Pinkerton liability?
What is Pinkerton liability?40A father and son agreed to rob a bank. Later that day, the father purchased two ski masks for use during the robbery. However, on the morning the p...
A father and son agreed to rob a bank. Later that day, the father purchased two ski masks for use during the robbery. However, on the morning the planned robbery was to occur, the son called the father and said, "This is crazy, and I should never have agreed to it; I'm out." The father accordingly robbed the bank alone. Is the son guilty of conspiracy to commit bank robbery?41Are conspirators’ statements made during the course of a conspiracy exempted from the Federal Rules of Evidence’s rule against hearsay?
Are conspirators’ statements made during the course of a conspiracy exempted from the Federal Rules of Evidence’s rule against hearsay?42If conspirators agree from the outset to engage in a course of conduct that encompasses multiple crimes, are each of those crimes part of a differe...
If conspirators agree from the outset to engage in a course of conduct that encompasses multiple crimes, are each of those crimes part of a different conspiracy?43What is a chain conspiracy?
What is a chain conspiracy?44What is a wheel conspiracy?
What is a wheel conspiracy?45What is the general duration of a conspiracy?
What is the general duration of a conspiracy?46What is abandonment of and withdrawal from of a conspiracy?
What is abandonment of and withdrawal from of a conspiracy?47Under the common law, is conspirators’ concealment of a crime considered a continuation of the conspiracy?
Under the common law, is conspirators’ concealment of a crime considered a continuation of the conspiracy?48Does a conspirator’s abandonment of and withdrawal from a conspiracy end her involvement with the conspiracy?
Does a conspirator’s abandonment of and withdrawal from a conspiracy end her involvement with the conspiracy?49Under the common law of conspiracy, must a conspirator withdrawing from a conspiracy formally notify all co-conspirators of the withdrawal?
Under the common law of conspiracy, must a conspirator withdrawing from a conspiracy formally notify all co-conspirators of the withdrawal?50What is renunciation of a conspiracy?
What is renunciation of a conspiracy?51Under the common law, what is solicitation?
Under the common law, what is solicitation?52What are the elements of criminal solicitation under the MPC?
What are the elements of criminal solicitation under the MPC?53Is solicitation a standalone criminal offense?
Is solicitation a standalone criminal offense?54A disgruntled employee asked a hitman to kill the employee's boss for $10,000. The hitman replied, "Sorry, no hitman in the country would do a job ...
A disgruntled employee asked a hitman to kill the employee's boss for $10,000. The hitman replied, "Sorry, no hitman in the country would do a job like that for less than $50,000." Upon hearing this, the employee gave up trying to kill the boss. Is the employee guilty of solicitation to commit murder?55Is solicitation a specific-intent or a general-intent offense?
Is solicitation a specific-intent or a general-intent offense?56Is renunciation a defense to solicitation in most jurisdictions?
Is renunciation a defense to solicitation in most jurisdictions?57Under the MPC, what must a defendant do to establish renunciation as an affirmative defense to solicitation?
Under the MPC, what must a defendant do to establish renunciation as an affirmative defense to solicitation?58Under the MPC, for a person to be convicted of solicitation, must that person actually communicate with the intended solicitee?
Under the MPC, for a person to be convicted of solicitation, must that person actually communicate with the intended solicitee?59Can criminal solicitation occur if the person soliciting the crime could not be guilty of the solicited crime?
Can criminal solicitation occur if the person soliciting the crime could not be guilty of the solicited crime?60A disgruntled employee hired a hitman to kill the employee's boss for $50,000. Soon after, regretting this decision and wishing to prevent the boss...
A disgruntled employee hired a hitman to kill the employee's boss for $50,000. Soon after, regretting this decision and wishing to prevent the boss’s murder, the employee called the local police department and confessed to having hired the hitman. The employee also provided details that allowed the police to intercept the hitman before he could kill the boss. Is the employee guilty of solicitation to commit murder under the Model Penal Code?61A disgruntled employee wanted to hire a hitman to kill the employee's boss. To that end, the employee called a known hitman and left a voice messag...
A disgruntled employee wanted to hire a hitman to kill the employee's boss. To that end, the employee called a known hitman and left a voice message offering $50,000 for the hitman to kill the boss. The hitman was in the process of switching phone carriers, and the voice message was deleted before the hitman heard it. The employee made no other effort to contact the hitman, who never learned of the employee's offer. Is the employee guilty of solicitation to commit murder under the Model Penal Code?62In criminal law, what are principals and accomplices?
In criminal law, what are principals and accomplices?63What were the four categories of criminal actors recognized by the common law?
What were the four categories of criminal actors recognized by the common law?64Which two common-law categories of criminal actors are included in the modern term “accomplice”?
Which two common-law categories of criminal actors are included in the modern term “accomplice”?65If a principal offender commits a crime with the aid of an accomplice, what crime has the accomplice committed?
If a principal offender commits a crime with the aid of an accomplice, what crime has the accomplice committed?66What is the mens rea for accomplice liability?
What is the mens rea for accomplice liability?67A manager and a worker both hated their mutual boss. One day, the manager overheard the worker tell a friend that he planned to strangle the boss i...
A manager and a worker both hated their mutual boss. One day, the manager overheard the worker tell a friend that he planned to strangle the boss in her office the following morning. To make sure that the boss could not seek help if the worker followed through with the planned murder, the manager sneaked into the boss’s office, closed the blinds, and unplugged the phone. The worker never learned that the manager had done this. The next morning, the worker did in fact strangle the boss in her office, which constituted murder. Is the manager guilty of murder?68If a crime involves recklessness or negligence, is an accomplice always liable?
If a crime involves recklessness or negligence, is an accomplice always liable?69Under the MPC, may a defendant be convicted as an accomplice to an unintentional crime?
Under the MPC, may a defendant be convicted as an accomplice to an unintentional crime?70Two friends were having a drinking contest while a sober friend watched. When the alcohol ran out, the sober friend said, "You two need more to dri...
Two friends were having a drinking contest while a sober friend watched. When the alcohol ran out, the sober friend said, "You two need more to drink," and tossed a set of car keys to one of the drunk friends. Driving recklessly, the drunk friend crashed into an oncoming vehicle, killing the vehicle’s driver. The drunk driver was guilty of manslaughter, which requires recklessly causing another’s death. Under the MPC, can the sober friend be convicted of manslaughter as the drunk driver's accomplice?71What is the actus reus for accomplice liability?
What is the actus reus for accomplice liability?72Can an accomplice be found guilty of a crime even if the principal has been acquitted or if the principal has not been tried?
Can an accomplice be found guilty of a crime even if the principal has been acquitted or if the principal has not been tried?73A gang leader encountered a rival gang member robbing an innocent person at knifepoint. The person pulled out a gun. The gang leader shouted to the...
A gang leader encountered a rival gang member robbing an innocent person at knifepoint. The person pulled out a gun. The gang leader shouted to the person, "You better shoot him, or he'll kill you!" The person shot the rival gang member dead. The gang leader then said, "I couldn’t care less what happens to you, but I sure am glad you killed my competition!" The person acted in lawful self-defense, which meant the person was not guilty of murder. Is the gang leader an accomplice to murder for intentionally and maliciously encouraging the killing of the rival gang member?74Can an accomplice be liable for additional crimes committed by the principal in the course of committing the crime that the accomplice aided?
Can an accomplice be liable for additional crimes committed by the principal in the course of committing the crime that the accomplice aided?75Is withdrawal a defense to accomplice liability?
Is withdrawal a defense to accomplice liability?76Is a victim of a crime subject to accomplice liability?
Is a victim of a crime subject to accomplice liability?77Can a person who is in the class of people that a statute was designed to protect be liable as an accomplice to a violation of that statute?
Can a person who is in the class of people that a statute was designed to protect be liable as an accomplice to a violation of that statute?78If a crime requires multiple participants, but one of the participants is statutorily exempt from liability, can the exempt participant be liable a...
If a crime requires multiple participants, but one of the participants is statutorily exempt from liability, can the exempt participant be liable as an accomplice?79Can a person be held liable as an accessory for providing assistance after a principal has committed a crime?
Can a person be held liable as an accessory for providing assistance after a principal has committed a crime?