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Exam 7: Attempt, Conspiracy, and Solicitation

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Question 31

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All of the following are components of the actus reus of conspiracy EXCEPT ______.

A) entering into an agreement
B) to commit a crime
C) an overt act in furtherance of the agreement
D) the completion of a criminal act

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Question 32

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What is the plurality requirement?

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The plurality requirement stat...

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Question 33

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

There are two types of attempts: complete attempt and incomplete attempt.

A factual circumstance that prevents an individual from actually completing a criminal offense is referred to in some state statutes as ______.

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.

Summarize and discuss the State v. Cotton case. What was the main issue being discussed? What are the findings in this case? Do you agree? Why or why not? If New Mexico was following the Model Penal Code for Criminal Solicitation, how would this case be ruled differently?

What are the three types of inchoate crimes? Define and provide an example of each type of inchoate crime.

What is a conspiracy? Why do we punish conspiracies? What if an individual agrees to rob a bank but oversleeps? The group of people he agreed to work with went ahead and robbed the bank without him. Do you believe it is fair to charge the individual who slept in with a conspiracy to rob a bank? Why or why not? Refer to the legal rules in your text to support your answer.

The subjective approach requires that an act comes extremely close to the commission of a crime.

Abandonment is a defense to attempt where an individual freely and voluntary undergoes a change of heart and abandons the criminal activity.

Which of the following is a reason solicitation remains a controversial crime?

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

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

Which famous philosopher argued that an individual who possesses the purpose to slay another should be regarded as a murderer and tried as such?

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

What is a chain conspiracy? Provide an example illustrating the chain conspiracy.

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

Tony has a vendetta against Pat. He sets out to cut the brake lines in his car in hopes he winds up fatally crashing later that day. He finds Pat's car in his work lot and successfully cuts the brake lines. He anxiously counts down the minute until the time he knows Pat typically leaves work. Pat fatally crashes on his way home from work. If Tony is charged with a crime for what reason will it not be attempt?

A mistake concerning the law is a defense.