Question 1

All of the following are legal tests for the actus reus of attempt?
A) physical proximity
B) threat provocation
C) unequivocality
D) Model Penal Code

Accepted Answer

B

Question 2

The ______ test follows an objective approach and provides that an attempt occurs when an act is "very near" the completion of a crime.
A) physical proximity
B) substantial step
C) threat provocation
D) last step

Accepted Answer

The physical proximity test determines an attempt based on how close the act was to the completion of the crime, focusing on the physical distance or actions remaining to complete the crime.

Question 3

______ is defined as commanding, hiring, or encouraging another person to commit a crime.
A) Solicitation
B) Attempt
C) Conspiracy
D) Intervention

Accepted Answer

Solicitation involves asking, hiring, or encouraging someone else to commit a crime, making it the correct answer.

Question 4

A(n) ______ attempt occurs when an individual abandons or is prevented from the crime due to the arrival of the police or as a result of some other event outside his or her control.
A) incomplete
B) complete
C) impossible
D) possible

Accepted Answer

An incomplete attempt occurs when an individual either abandons the crime or is prevented from completing it due to external factors, such as the arrival of the police.

Question 5

______ arises when an individual mistakenly believes that he or she is acting illegally.
A) Legal impossibility
B) Factual impossibility
C) Inherent impossibility
D) Principle of legality

Accepted Answer

Legal impossibility arises when an individual believes they are committing a crime, but the act is not actually illegal.

Question 6

All of the following are elements of criminal attempt EXCEPT ______.
A) an intent or purpose to commit a crime
B) an act or acts toward the commission of a crime
C) a failure to commit the crime
D) an accessory accomplice to help commit the crime

Accepted Answer

An accessory accomplice to help commit the crime is not a required element of criminal attempt. Criminal attempt focuses on the individual's intent and actions towards committing a crime, not on the involvement of others.

Question 7

The crime of ______ is comprised of an agreement between two or more persons to commit a criminal act.
A) solicitation
B) attempt
C) conspiracy
D) intervention

Accepted Answer

Conspiracy is defined as an agreement between two or more persons to commit a criminal act, which is exactly what the question describes.

Question 8

The common law followed the ______ approach and provided that an attempt only occurred following the completion of the final step required for the commission of a crime.
A) physical proximity
B) dangerously close
C) objective
D) last step

Accepted Answer

The common law followed the "last step" approach, meaning that an attempt was only recognized as such when the perpetrator had taken the final action necessary to commit the crime, but the crime itself was not completed.

Question 9

All of the following are reasons to punish an act that does not result in a crime EXCEPT ______.
A) retribution
B) deterrence
C) utilitarian
D) incapacitation

Accepted Answer

The answer of All of the following are reasons to...

Question 10

______ prohibits punishing an individual for a crime that is the product of his or her imagination.
A) Legal impossibility
B) Factual impossibility
C) Inherent impossibility
D) Principle of legality

Accepted Answer

The principle of legality prohibits punishing someone for an act that was not defined as a crime at the time it was committed, ensuring that individuals are not punished for imaginary crimes.

Question 11

______ is the planning and purchasing of the materials to commit a crime.
A) Objective approach
B) Preparation
C) Subjective approach
D) Equivocality approach

Accepted Answer

Preparation involves the planning and purchasing of materials needed to commit a crime, indicating the steps taken before the actual commission of the crime.

Question 12

To satisfy the actus reus of conspiracy, most states require ______.
A) an agreement
B) planning
C) an overt act
D) completion of the offense

Accepted Answer

The answer of To satisfy the actus reus of conspiracy,...

Question 13

The Model Penal Code's ______ approach states that to constitute an attempt that an act must be a clear step toward the commission of a crime.
A) physical proximity
B) substantial step
C) unequivocality
D) last step

Accepted Answer

The Model Penal Code adopts the "substantial step" approach, which requires that an individual must take a significant action that clearly advances the commission of a crime to be guilty of an attempt.

Question 14

The joint or ______ conception of conspiracy means that a charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea.
A) plurality
B) bilateral
C) unilateral
D) chain

Accepted Answer

The bilateral conception of conspiracy requires that all parties involved in the conspiracy have the intent to commit the crime, meaning if one party does not have the required mens rea, charges against the others can fail.

Question 15

Janice is actively planning to rob a bank. On the day the crime was to take place she makes it to the bank and inside but as she waits in line to see a teller the fire alarm goes off and everyone exists the building. She does not go through with her plan. Which legal test of attempt focuses on Janice's intent rather than her act?
A) objective approach
B) preparation
C) subjective approach
D) equivocality approach

Accepted Answer

The subjective approach focuses on the defendant's intent rather than the acts they have committed towards completing the crime. In this case, Janice's intent to rob the bank is the focus, regardless of how far she got in her actions.

Question 16

______ occurs in those rare situations in which a defendant could not possibly achieve the desired result.
A) Legal impossibility
B) Factual impossibility
C) Inherent impossibility
D) Principle of legality

Accepted Answer

Inherent impossibility refers to situations where the desired outcome of an action is impossible to achieve due to the nature of the circumstances, making it inherently impossible for the defendant to accomplish their intended result.

Question 17

The ______ test asks whether an ordinary individual observing the defendant's acts would conclude that the defendant clearly and indisputably intends to commit a crime.
A) physical proximity
B) substantial step
C) unequivocality
D) dangerously close

Accepted Answer

The unequivocality test focuses on whether an ordinary person witnessing the defendant's actions would have no doubt that the defendant intends to commit a crime, based on the clarity and indisputability of those actions.

Question 18

The ______ is the legal test of attempt that requires an act that comes extremely close to the commission of the crime.
A) objective approach
B) preparation
C) subjective approach
D) equivocality approach

Accepted Answer

The objective approach is the correct answer because it focuses on the defendant's actions rather than their intent, requiring that the act in question comes extremely close to the commission of the crime to be considered an attempt.

Question 19

A(n) ______ but imperfect attempt occurs when an individual take every act required to commit a crime and yet fails to succeed.
A) incomplete
B) complete
C) impossible
D) possible

Accepted Answer

A complete but imperfect attempt is when an individual has taken all the steps necessary to commit a crime but still fails to achieve the criminal result. This indicates that from the perspective of the perpetrator's actions, the attempt was complete, even though the intended outcome was not realized.

Question 20

______ attempt arises where the perpetrator makes a mistake, such as aiming and firing the gun only to realize that it is not loaded.
A) Incomplete
B) Complete
C) Impossible
D) Possible

Accepted Answer

An impossible attempt is when the intended crime cannot be completed due to some inherent impossibility, such as trying to shoot with an unloaded gun.

Quiz 7: Attempt, Conspiracy, and Solicitation

All of the following are legal tests for the actus reus of attempt?

The ______ test follows an objective approach and provides that an attempt occurs when an act is "very near" the completion of a crime.

______ is defined as commanding, hiring, or encouraging another person to commit a crime.

A(n) ______ attempt occurs when an individual abandons or is prevented from the crime due to the arrival of the police or as a result of some other event outside his or her control.

______ arises when an individual mistakenly believes that he or she is acting illegally.

All of the following are elements of criminal attempt EXCEPT ______.

The crime of ______ is comprised of an agreement between two or more persons to commit a criminal act.

The common law followed the ______ approach and provided that an attempt only occurred following the completion of the final step required for the commission of a crime.

All of the following are reasons to punish an act that does not result in a crime EXCEPT ______.

______ prohibits punishing an individual for a crime that is the product of his or her imagination.

______ is the planning and purchasing of the materials to commit a crime.

To satisfy the actus reus of conspiracy, most states require ______.

The Model Penal Code's ______ approach states that to constitute an attempt that an act must be a clear step toward the commission of a crime.

The joint or ______ conception of conspiracy means that a charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea.

______ occurs in those rare situations in which a defendant could not possibly achieve the desired result.

The ______ test asks whether an ordinary individual observing the defendant's acts would conclude that the defendant clearly and indisputably intends to commit a crime.

The ______ is the legal test of attempt that requires an act that comes extremely close to the commission of the crime.

A(n) ______ but imperfect attempt occurs when an individual take every act required to commit a crime and yet fails to succeed.

______ attempt arises where the perpetrator makes a mistake, such as aiming and firing the gun only to realize that it is not loaded.