FYLSX Inchoate Offenses and Parties 2

Question 1

Dan asks Carl to kill Victor, offering him $5,000. Carl refuses. Dan is guilty of:

Accepted Answer

Solicitation

Answer

No crime because Carl refused

Answer

Attempted murder

Answer

Conspiracy

Question 2

A conspiracy requires which of the following at common law?

Accepted Answer

An agreement between two or more persons to commit an unlawful act

Answer

An overt act in furtherance of the agreement

Answer

Completion of the target offense

Answer

Withdrawal by at least one party

Question 3

Eve tells Frank she wants him to burn down a warehouse. Frank agrees and goes to buy gasoline. Under the MPC, what additional element makes this a conspiracy?

Accepted Answer

An overt act in furtherance of the conspiracy

Answer

Frank must complete the arson

Answer

No additional element is needed beyond the agreement

Answer

Frank must take a substantial step toward the crime

Question 4

Greg and Helen agree to rob a bank. Greg then decides not to participate and tells Helen before any overt act occurs. At common law, Greg:

Accepted Answer

Is still guilty of conspiracy because the agreement was made

Answer

Has withdrawn from the conspiracy and faces no liability

Answer

Can only be guilty if Helen completes the robbery

Answer

Is guilty only of solicitation

Question 5

Which doctrine holds that a conspirator is liable for all crimes committed by co-conspirators in furtherance of the conspiracy?

Accepted Answer

Pinkerton doctrine

Answer

Merger doctrine

Answer

Wharton's Rule

Answer

Withdrawal doctrine

Question 6

Ian shoots at Jane intending to kill her, but misses. Ian is charged with attempted murder. The best description of attempt is:

Accepted Answer

An inchoate offense requiring a specific intent to commit the target crime and an act beyond mere preparation

Answer

Any act taken with the general intent to harm another

Answer

A completed offense once the trigger is pulled

Answer

An offense that merges into assault upon completion

Question 7

Wharton's Rule provides that conspiracy charges cannot be brought when:

Accepted Answer

The target crime by definition requires the participation of two people

Answer

The target crime requires three or more parties to commit

Answer

One conspirator withdraws before the crime is committed

Answer

The conspiracy involves a federal offense