LEG 320 Week 3 Quiz Strayer

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Quiz 3 Chapter 4 and 5

CHAPTER 4
CRIMINAL LIABILITY

MULTIPLE CHOICE

1. A request made to another person to commit a crime is the offense of

a. conspiracy
b. attempt
c. solicitation
d. obstruction of justice

2. The purpose of solicitation, conspiracy, and attempt statutes is to

a. prevent serious harm before it occurs
b. prevent persons from aiding the criminal after completion of the crime
c. obtain the cooperation of material witnesses
d. prevent criminals from escaping

3. In most situations, a person who has formulated the intent to commit a crime,
but has taken no actions in furtherance of the crime has
a. not yet violated any law
b. still violated any law
c. committed a crime
d. committed a misdemeanor

4. Abandonment or withdraw by a conspirator makes the crime

a. nonetheless complete
b. not complete
c. complete if one of the conspirators commits the crime
d. not complete unless one of the conspirators commits the crime

5. The crime of solicitation is committed when

a. the person solicited commits the requested crime
b. the person solicited accepts payment
c. when a person attempts to get another to commit a crime
d. when the agreement is placed in writing

6. In the early 1600s, what crime was used extensively by the English Court of
the Star Chamber?
a. attempt
b. conspiracy
c. solicitation
d. obstruction of justice

7. What requirement for the crime of conspiracy has been limited or rejected by a
substantial number of states?
a. payment or reward
b. overt act
c. two or more guilty persons
d. agreement

8. The death of a co-conspirator

a. may affect a prosecution for conspiracy
b. ends any possibility of prosecution for conspiracy
c. always affects a prosecution for conspiracy
d. never affects a prosecution for conspiracy

9. For criminal conspiracy, proof of an overt act by a defendant

a. was required under common law
b. is unconstitutional
c. is required by most current state statutes
d. is extremely difficult to prove

10. Evidence of an overt act would provide some assurance that

a. at least one of the conspirators was sincere
b. there are at least two persons involved in the conspiracy
c. the object of the conspiracy is illegal
d. there is more than just an attempt to solicit

11. The Wharton Rule states that the crime of conspiracy cannot be charged if the
number of people involved are only those necessary by factual circumstance to
a. none of these is correct
b. get away with the crime
c. plan the crime
d. commit the crime

12. A person could be criminally liable for the conduct of another if he or she is a
party to a conspiracy to commit a crime and
a. hires another to commit a crime
b. urges another to commit a crime
c. counsels another to commit a crime
d. all of these answers are true

13. The U.S. Supreme Court has stated that the essence of the crime of conspiracy
is
a. completion of the substantive crime
b. commission of an overt act by one of the conspirators
c. that object of the conspiracy is illegal
d. agreement to commit a crime

14. A conspiracy to commit an unlawful act is known as a/an

a. common design
b. commitment design
c. conspiracy design
d. concomitant design

15. The most frequently charged anticipatory offense is that of

a. attempt
b. solicitation
c. conspiracy
d. obstruction of justice

16. To prove the defendant attempted to commit a crime, courts require the
prosecution show the existence of
a. an agreement to commit the crime
b. a request to commit the crime
c. completion of a substantial step
d. a motive

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17. Federal courts and many states use the Model Penal Code substantial step test
in determining whether the crime of _____ has been committed.
a. attempt
b. solicitation
c. conspiracy
d. obstruction of justice

18. Attempting to pick an empty pocket would be an example of which kind of

impossibility?
a. legal
b. factual
c. imminent
d. contingent

19. Attempting to receive stolen goods that were not stolen would be an example
of which kind of impossibility?
a. legal
b. factual
c. imminent
d. contingent

20. For the crime of attempt, most state and federal courts have rejected the
defenses of
a. consent and alibi
b. insanity and necessity
c. coercion and entrapment
d. legal and factual impossibility

21. If a defendant plans to engage in conduct that he believes to be a crime, but

the conduct as planned is not a crime, the defendant is
a. guilty of an attempt
b. guilty of conspiracy
c. not guilty of an attempt
d. none of these answers is correct

1
22. A person who is a party to an agreement to commit an unlawful act. This is
the definition of which of the following terms?
a. an accessory after the fact
b. an aider
c. an abettor
d. a conspirator

23. A person asking another to commit murder is guilty of

a. solicitation
b. aiding
c. abetting
d. conspiracy

24. A person who provides assistance to another who commits the crime is called
a. a solicitor
b. an aider and abettor
c. a co-conspirator
d. solicitee

25. What principle of liability holds a defendant legally responsible for the
unlawful conduct of others that he aids and abets?
a. principal
b. accessory
c. accomplice
d. party

26. All participants in a conspiracy or common plan to commit a crime are guilty
of any act of another participant as long as that act is deemed a/an _____ of
the intended crime.
a. element
b. natural and probable consequence
c. unforeseeable consequence
d. preferred outcome
27. According to the case of United States v. Thorn conspiracy can be proved
even if the co-conspirator cannot be found or
a. cannot be identified
b. has died
c. changes his mind
d. refuses to testify

28. The Wharton Rule requires that crimes needing more than one person for
commission, such as bigamy, require how many people for a conspiracy
conviction?
a. three or more
b. four or more
c. five or more
d. two or more

29. Which of the following impossibility defenses is still viable?

a. engaging in conduct one thinks is a crime but that is not a crime
b. engaging in factual impossibility
c. engaging in legal impossibility
d. engaging in legal or factual impossibility

30. Impossibility is generally not a defense, unless

a. the crime did not occur
b. the defendant is ruled mentally incompetent
c. what is being attempted is a crime
d. what is being attempted is not a crime

TRUE/FALSE

1. In most situations, a person who has formulated the intent to commit a crime,
but has taken no actions in furtherance of the crime, has not yet violated any
law.

2. Few states require that some overt act be committed pursuant to the agreement
before it becomes a crime.

3. Conspiracy can be proved even if the co-conspirator cannot be found or

identified.

4. Courts currently categorize impossibility defenses in attempt cases into two

classes: factual impossibility and legal impossibility.
5. The Model Penal Code would provide a defense to a conspiracy charge where
a conspirator thwarted the success of the conspiracy, under circumstances
manifesting a complete and voluntary renunciation of his criminal purpose.

6. What one did they all did is the rule that all parties to a conspiracy are liable
for every action taken by any party in furtherance of the conspiracy or
agreement.

7. A complete and voluntary renunciation of criminal purpose is not a defense to

a charge of attempt to commit a crime.

8. A person cannot be convicted of a conspiracy to commit a crime if the agreed

objective is not criminal.

9. A person who aids and abets a criminal is sometimes referred to as an

accomplice.

10. When a person becomes liable for the criminal acts of another, it is known as
strict liability.

COMPLETION

1. If the conspiracy is , the crime of conspiracy is nonetheless

complete.

2. Most state statutes on criminal conspiracy require proof of an _______ act by

a defendant.

3. The _____________ Rule states that the crime of conspiracy cannot be

charged if the number of people involved is only those necessary to commit
the crime.

4. The U.S. Supreme Court has stated that the essence of the crime of conspiracy
is the ____________ to commit a crime.
5. An example of ___________ impossibility would be trying to pick a pocket
that is empty.

6. An example of _________ impossibility would be attempting to buy stolen

goods when in fact the goods have not been stolen.

7. Under common law, a person who knew a crime had been committed and
gave aid or comfort to the person who committed the crime was termed a(n)
_________ after the fact.

8. The principle of ____________ liability holds a defendant legally responsible

for the unlawful conduct of others that he aids and abets.

9. Asking someone to commit a crime is known as .

10. When a criminal statute imposes liability without requiring proof of criminal
intent, the offense is called a ____________ liability offense.

CHAPTER 5
CRIMINAL RESPONSIBILITY AND THE CAPACITY TO COMMIT A
CRIME

MULTIPLE CHOICE

1. The age selected by the jurisdiction as the minimum age for a childs criminal
responsibility creates a conclusive presumption that
a. a child under that age lacks the capacity to commit a crime
b. a child under that age would not commit a crime
c. a child under that age does not want to commit a crime
d. a child under that age has the capacity to commit a crime

2. The two prongs of the MNaghten rule are

a. cognitive incapacity and moral incapacity
b. cognitive incapacity and volitional incapacity
c. volitional incapacity and moral incapacity
d. volitional incapacity and the product-of-mental illness
3. Under which of the following circumstances do states permit the insanity
defense with voluntary intoxication or drug use?
a. when it has created a settled psychotic mental state
b. states always permit the insanity defense with voluntary alcohol use but not with
drug use
c. states always permit the insanity defense with voluntary drug use but not with
alcohol use
d. states never permit the insanity defense with voluntary intoxication or drug use

4. The first prong of the MNaghten rule

a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong

5. The common law established the lowest age of criminal responsibility at age
a. 5
b. 7
c. 14
d. 18

6. At what age do most states infer that individuals are competent and capable of
committing a crime?
a. 5
b. 7
c. 14
d. 18

7. In some states there is a _____ presumption that children between the ages of
7 and 14 have the capacity to commit a crime.
a. mandatory
b. inferential
c. conclusive
d. rebuttable

8. A rebuttable presumption means the presumption

a. may not be overcome by the presentation of evidence
b. may be overcome by the presentation of evidence
c. may be presented by the prosecution only
d. may be presented by the defense only

9. The second prong requires

a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong

10. The MNaghten rule differs from the substantial capacity test primarily on the
of the defendants understanding of events that made up the crime
charged.
a. magnitude
b. capacity
c. logicality
d. quality

11. How often is voluntary intoxication or drug use the basis for the successful
assertion of the insanity defense?
a. almost never
b. never
c. almost always
d. always

12. A defendant of questionable competency should not be tried for a criminal

violation because
a. trials of incompetent persons violate their due process rights
b. due process requires persons charged with crimes to be given an opportunity to
consult with counsel
c. due process requires persons charged with crimes to be given an opportunity to
assist in their own defense
d. all of these answers are correct

13. A defendant who is found not guilty by reason of insanity is almost always
a. tried again for the same offense
b. set free
c. committed to a mental institution
d. reimbursed by the government for the cost of the trial
14. What is the name of the test which combines cognitive incapacity and moral
incapacity?
a. The MNaghten test
b. The right and wrong test
c. The Product rule
d. The Substantial Capacity Test

15. What is the name of the test which focuses on volitional incapacity?
a. The MNaghten test
b. The right and wrong test
c. The Product rule
d. The Substantial Capacity Test

16. What is the name of the test which focuses on the product-of-mental illness?
a. The MNaghten test
b. The right and wrong test
c. The Substantial Capacity Test
d. none of these answers is correct

17. In states where it is available, should the jury find the defendant was guilty but
mentally ill at the time of the offense, the defendant
a. is free to leave
b. may be committed to a mental institution
c. will automatically be committed to a mental institution
d. may receive any sentence that could be imposed for that crime

18. States with the guilty but mentally ill verdict

a. have abolished the insanity defense
b. have retained the insanity defense
c. consider it identical to the not guilty by reason of insanity verdict
d. require the prosecution to prove the defendant was mentally ill

19. Which of the following must be found beyond a reasonable doubt for a
defendant to be found guilty but mentally ill?
a. defendant is guilty of offense
b. defendant was mentally ill at time offense was committed
c. defendant was not legally insane at time offense was committed
d. All of these are required for a defendant to be found guilty but mentally ill
20. In what recent case did the U. S. Supreme Court hold that a mentally retarded
person could not be subject to the death penalty?
a. Atkins v. Virginia
b. Pruit v. State
c. State v. Ramer
d. Foucha v. Louisiana

21. Which of the following are factors to consider when determining criminal
capacity for children?
a. the nature of the crime
b. the childs age and maturity
c. whether the child evidenced a desire for secrecy
d. all of these are factors to consider

22. To be mentally fit to stand trial, the defendant must have the ability to
cooperate with defense counsel and
a. speak and understand English
b. have the ability to hear and see
c. remember what happened at the time of the alleged crime
d. understand the charges and proceedings

23. Defendants who are found incompetent to stand trial

a. may be tried when they become competent
b. may not be tried at any time thereafter
c. are entitled to a verdict of not guilty by reason of insanity
d. are entitled to a verdict of not guilty due to diminished capacity

24. In Jackson v. Indiana, the U.S. Supreme Court held that defendants who are
not competent to stand trial may be held
a. up to 90 days
b. up to 120 days
c. no longer than a reasonable period of time
d. up to 365 days

25. Courts generally have held that partial amnesia

a. does not render the defendant incompetent to stand trial
b. renders a defendant incompetent to stand trial permanently
c. renders a defendant incompetent to stand trial until their memory returns
d. denies the defendant a fair trial and violates due process
26. What insanity test emerged from the MNaghten case?
a. the right and wrong test
b. the substantial capacity test
c. the product-of-mental illness test
d. the defect of character test

27. Which of the following may be the basis for finding a person incompetent to
stand trial?
a. mental illness
b. mental retardation
c. physical illness
d. all of these answers are correct

28. A verdict of not guilty by reason of insanity results in

a. dismissal of the charges
b. incarceration of the defendant
c. hospitalization of the defendant
d. a suspended sentence for the defendant

29. In most states the defendants voluntary intoxication or drug use may serve as
the basis for a claim
a. of diminished capacity
b. of not guilty by reason of insanity
c. of guilty but insane
d. of guilty but mentally ill

30. Which of the following is true of the requirement of the MNaghten rule as
compared to the substantial capacity test?
a. the substantial capacity test has a lesser requirement
b. the MNaghten rule has a lesser requirement
c. the requirements of both are equivalent
d. none of these answers are correct

TRUE/FALSE

1. Many states have codified some version of the common law rules on
childrens criminal capacity, though they vary on the age limits adopted.
2. The Washington Supreme Court identified eight factors to consider in
determining capacity.

3. The two prongs of the MNaghten rule include cognitive and moral incapacity.

4. The MNaghten rule applies only if the defendant knew the nature of his acts
and that they were wrong.

5. The substantial capacity test applies whenever the defendant cannot

appreciate the nature of his acts, or that they were wrong, a lesser
requirement.

6. A defendant found guilty but mentally ill may still be given a sentence that
could have been ordered for a conviction on the crime charged.

7. Voluntary intoxication or drug use is almost never the basis for the successful
assertion of the insanity defense.

8. A verdict of not guilty by reason of insanity results in a conviction of the

defendant.

9. Mental illness, mental retardation, or many forms of physical illnesses may be

the basis for finding a person incompetent to stand trial.

10. A person who lacks competency does not have the ability to understand what
is happening at trial, and thus lacks the ability to participate in his own defense.
COMPLETION

1. Children below a certain cannot be convicted of a crime.

2. A child of 14 could be convicted if it can be shown the child had the

ability and understanding to formulate the required criminal intent.

3. The first prong of the MNaghten rule is called the capacity prong.

4. The substantial capacity test applies whenever the defendant cannot

the nature of his acts, or that they were wrong.

5. In addition to the traditional insanity verdict, some states have provided for the
verdict of ___________ but mentally ill.

6. A person found not guilty by reason of insanity cannot be tried again because
of the Constitutional provision against double ___________.

7. Voluntary intoxication or drug use is almost the basis for the

successful assertion of the insanity defense.

8. Most states place the burden of proof on the ___________ on the issue of
being incompetent to stand trial.

9. A verdict of not guilty by reason of insanity results in an of the

defendant; a verdict of guilty but mentally ill is a conviction.
10. A person who lacks does not have the ability to understand
what is happening at trial.