OR Bar Criminal Law 3

Question 1

At common law, criminal attempt requires:

Accepted Answer

Specific intent to commit a crime and an overt act beyond mere preparation

Answer

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:

Accepted Answer

An agreement plus the purpose to promote or facilitate the target crime

Answer

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?

Accepted Answer

Pinkerton holds co-conspirators vicariously liable for each other's crimes; the MPC generally does not

Answer

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:

Accepted Answer

The defendant asks another to commit a crime with intent that it be committed

Answer

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:

Accepted Answer

The same criminal liability as the principal

Answer

An accomplice who aids and abets with the requisite mental state is liable to the same extent as the principal for the target crime.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Criminal Law 3