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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
|
9
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.
LEG 320 Week 3 Quiz – Strayer
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 child’s 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 M’Naghten 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 M’Naghten 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 M’Naghten
rule differs from the substantial capacity test primarily on the
of the defendant’s 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 M’Naghten
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 M’Naghten
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 M’Naghten
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 child’s 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 M’Naghten 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
defendant’s 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 M’Naghten rule as compared
to the “substantial capacity” test?
a.
|
the “substantial
capacity” test has a lesser requirement
|
b.
|
the M’Naghten
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 children’s 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 M’Naghten rule include cognitive and moral incapacity.
4. The M’Naghten 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 M’Naghten 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.
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