OR Bar Criminal Law 3 — Questions and Answers
Question 1: At common law, criminal attempt requires:
- Specific intent to commit a crime and a substantial step toward it
- Specific intent to commit a crime and an overt act beyond mere preparation (Correct answer)
- General intent and any preparatory action
- Recklessness and proximity to completion
Correct answer: Specific intent to commit a crime and an overt act beyond mere preparation
Common law attempt requires specific intent to commit the target crime plus an overt act beyond mere preparation.
Question 2: Under the MPC, conspiracy primarily requires:
- An agreement plus an overt act for all offenses
- An agreement plus the purpose to promote or facilitate the target crime (Correct answer)
- An agreement plus actual commission of the target offense
- An agreement, overt act, and specific intent for all offenses
Correct answer: An agreement plus the purpose to promote or facilitate the target crime
The MPC requires an agreement and that the defendant purposely promote or facilitate the target crime; an overt act is only required for less serious conspiracies.
Question 3: How does the Pinkerton doctrine differ from the MPC approach to co-conspirator liability?
- Pinkerton holds co-conspirators vicariously liable for each other's crimes; the MPC generally does not (Correct answer)
- The MPC imposes strict liability on all conspirators; Pinkerton does not
- Pinkerton requires an overt act; the MPC does not
- The MPC extends liability to all foreseeable crimes; Pinkerton limits it to planned crimes
Correct answer: Pinkerton holds co-conspirators vicariously liable for each other's crimes; the MPC generally does not
Under Pinkerton, co-conspirators are automatically liable for crimes committed by each other in furtherance of the conspiracy; the MPC rejects this vicarious liability.
Question 4: Solicitation is complete at the moment:
- The solicitee agrees to commit the crime
- The defendant asks another to commit a crime with intent that it be committed (Correct answer)
- The solicitee takes a substantial step toward the crime
- The defendant and solicitee form a written plan
Correct answer: The defendant asks another to commit a crime with intent that it be committed
Solicitation is complete upon communicating the request with criminal intent, regardless of whether the solicitee agrees or acts.
Question 5: An accomplice who aids and abets a crime is subject to:
- Only a lesser offense than the principal
- The same criminal liability as the principal (Correct answer)
- Conspiracy liability only
- Solicitation liability only
Correct answer: The same criminal liability as the principal
An accomplice who aids and abets with the requisite mental state is liable to the same extent as the principal for the target crime.
Question 6: Under the MPC, which of the following is a defense to conspiracy?
- The co-conspirator was an undercover officer
- The defendant withdrew and thwarted the conspiracy before its commission (Correct answer)
- The defendant lacked motive to complete the crime
- The underlying crime was factually impossible
Correct answer: The defendant withdrew and thwarted the conspiracy before its commission
The MPC recognizes withdrawal as a defense to conspiracy if the defendant completely and voluntarily renounces and actually thwarts success of the conspiracy.
Question 7: The Wharton Rule bars a conspiracy charge when:
- The target offense requires more than two participants
- The target offense by definition requires exactly two participants (Correct answer)
- Two defendants conspire to commit a minor misdemeanor
- The conspiracy involves a single criminal transaction
Correct answer: The target offense by definition requires exactly two participants
Under the Wharton Rule, conspiracy cannot be charged for crimes that inherently require two willing participants (e.g., bigamy, adultery) without additional co-conspirators.
OR Bar Criminal Law 3
At common law, criminal attempt requires: