FYLSX - Baby Bar Inchoate Offenses and Parties Questions and Answers

Question 1

Dan, intending to rob a bank, purchased a ski mask, gloves, and a getaway car.
He then drove to the bank and parked across the street, observing the security guard's patrol pattern.
Just as he was about to exit his vehicle with a realistic-looking toy gun, he saw a police car pull into the bank's parking lot and lost his nerve, driving away.
Under the Model Penal Code's 'substantial step' test, at what point did Dan's conduct most likely become a criminal attempt?

Accepted Answer

When he was about to exit his vehicle with the toy gun.

Answer

When he purchased the ski mask, gloves, and getaway car.

Answer

When he drove to the bank and parked across the street to observe it.

Answer

His conduct never rose to the level of an attempt because he voluntarily abandoned his plan.

Question 2

Adam and Beth agree to burglarize a specific house. Adam's role is to serve as the lookout while Beth enters the house. Unbeknownst to Adam, Beth brings a gun 'for protection.' During the burglary, a resident unexpectedly returns home, and Beth shoots and kills the resident. Adam is later arrested and charged with murder. Under the Pinkerton rule of co-conspirator liability, which statement is most accurate?

Accepted Answer

Adam can be found liable for murder if the killing was a reasonably foreseeable consequence of the burglary.

Answer

Adam is not liable for murder because he did not agree to the use of a weapon or intend for anyone to be killed.

Answer

Adam is only liable for conspiracy to commit burglary, as that was the sole object of the agreement.

Answer

Adam is only liable for murder if the prosecution can prove he knew Beth was armed.

Question 3

Which of the following is an essential element of the crime of solicitation?

Accepted Answer

The defendant must intend for the person solicited to commit the target crime.

Answer

The person solicited must agree to commit the target crime.

Answer

A substantial step must be taken towards the commission of the target crime.

Answer

The target crime must actually be completed.

Question 4

Driver agreed to drive Robber to a jewelry store and wait in the car while Robber committed an armed robbery. During the robbery, Robber shot and killed a security guard who tried to intervene. Driver heard the shot, panicked, and drove away, leaving Robber at the scene. As an accomplice, Driver is liable for which crimes?

Accepted Answer

Both robbery and murder, if the killing was a natural and probable consequence of the armed robbery.

Answer

Robbery only, because he abandoned the crime after the shooting.

Answer

Neither robbery nor murder, because his withdrawal negates his liability.

Answer

Conspiracy only, because he did not enter the store or participate in the killing.

Question 5

Paul, after helping plan a complex bank heist with his co-conspirators, has a change of heart. To effectively withdraw from the conspiracy and avoid liability for the subsequent robbery, Paul must:

Accepted Answer

Take an affirmative act to notify all co-conspirators of his withdrawal before the robbery occurs.

Answer

Secretly decide not to participate on the day of the robbery.

Answer

Inform only the co-conspirator he trusts most that he is backing out.

Answer

Wait until after the robbery is complete and then report his own involvement to the police.

Question 6

Frank committed a felony bank robbery. The next day, he went to his friend Greg's house and said, 'I just robbed the First National Bank and the police are looking for me. Can you hide me and my bag of cash?' Greg, knowing Frank had committed the robbery, allowed Frank to hide in his basement and gave him a fake ID to help him escape the state. What is Greg's most likely criminal liability?

Accepted Answer

Accessory after the fact.

Answer

Accomplice to robbery.

Answer

Principal in the second degree.

Answer

No liability, due to his friendship with Frank.