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79 cards

1What is an inchoate offense?
2Under the common law, what is a criminal attempt?
3What is the mens rea for attempt?
4Can 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?
6How does the Model Penal Code (MPC) define the actus reus for attempt?
7What 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?
9What is the proximity test?
10What 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 ...
12What is a lesser included offense?
13What is the defense of factual impossibility?
14What is the defense of legal impossibility?
15What is the defense of abandonment?
16Under 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...
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 ...
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...
20What 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?
22What is the actus reus of conspiracy at common law?
23Under the common law of conspiracy, what is a bilateral conspiracy?
24What is a unilateral conspiracy?
25Under 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?
27Under 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?
29Does 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?
31What 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?
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...
34Under the common law of conspiracy, what is the corrupt motive doctrine?
35Under 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?
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...
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...
39What 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...
41Are 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...
43What is a chain conspiracy?
44What is a wheel conspiracy?
45What is the general duration of a conspiracy?
46What 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?
48Does 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?
50What is renunciation of a conspiracy?
51Under the common law, what is solicitation?
52What are the elements of criminal solicitation under the MPC?
53Is 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 ...
55Is solicitation a specific-intent or a general-intent offense?
56Is 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?
58Under 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?
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...
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...
62In criminal law, what are principals and accomplices?
63What 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”?
65If 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?
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...
68If 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?
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...
71What 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?
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...
74Can 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?
76Is 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?
78If a crime requires multiple participants, but one of the participants is statutorily exempt from liability, can the exempt participant be liable a...
79Can a person be held liable as an accessory for providing assistance after a principal has committed a crime?

What is an inchoate offense?

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