Under the ______Test, a Person Is Guilty of Attempt When His Or Her Conduct Is Very Close

Under the ______test, a person is guilty of attempt when his or her conduct is very close to success, or when an act is so near to the result that the probability of success is very great.

indispensable element test

last act test

physical proximity test

unequivocality test

dangerous proximity test

If a defendant "attempted to murder" someone by swatting him or her over the head with a fly swatter, the defendant would likely be able to prove that he or she did not have the ______to murder, because it is impossible to kill someone in this manner.

actusreus

mensrea

concurrent of actusreus and mensrea

causation

The crime of ______is said to exist as a necessary and important aid to law enforcement because secret enterprises threaten society and are extremely difficult to detect.

abandonment

renunciation

solicitation

conspiracy

facilitation

Question 7 1 pts Skip to question text.

Under the ______test, the perpetrator need not have advanced so far as the last act, and an attempt has not been committed unless the accused has the immediate power to actually carry through with the crime at the time of the intervention of the police.

indispensable element test

last act test

physical proximity test

unequivocality test

dangerous proximity test

Question 8 1 pts Which of the following is a defense used when a person's intended end constitutes a crime, but the actor does not complete the act that would have been a crime because of circumstances unknown to him or her or beyond his or her control?

pure legal impossibility

factual impossibility

genuine legal impossibility

hybrid impossibility

Question 9 1 pts Abandonment is a valid defense when:

Abandonment is a valid defense when:

the defendant has had a change of heart on his or her own, because of a sincere belief that furtherance of the act is wrong.

the defendant abandons the criminal plan because he or she was unable to carry out the attempt due to some logistical or technical reason.

the defendant postpones the project until a better time arises to carry out the crime.

the defendant abandons the criminal plan because law enforcement intervened.

Question 10 1 pts Under the MPC, the intent requirement can be met even though a defendant may not have desired or wanted a particular result, if it can be shown that the defendant acted with:

Under the MPC, the intent requirement can be met even though a defendant may not have desired or wanted a particular result, if it can be shown that the defendant acted with:

themensrea of recklessness, which essentially holds that "anything goes."

themensrea of negligence, which implies that the defendant was deliberately careless about the results to avoid culpability.

a desire that a certain result would occur, but a willingness to accept any other result, even arrest.

a substantial certainty that a certain result would occur.

Question 11 1 ptsAn argument against the abandonment defense is that it:

An argument against the abandonment defense is that it:

allows an actor to undo criminal plans by renunciation and avoid punishment, a possibility that may encourage persons to take preliminary steps toward a crime.

allows a defendant who sincerely renounces crime to escape liability.

timing is not relevant, and people should be guilty at any stage of the criminal plan regardless of whether or not actions were taken to further that plan

currently applies only to involuntary renunciations

Question 12 1 ptsIn 1784, the English court first recognized the crime of attempt in:

In 1784, the English court first recognized the crime of attempt in:

Rex v. Higgins

Miranda v. Arizona

People v. Orndorff

Rex v. Scofield

Question 13 1 pts Skip to question text.

Under the ______test, a suspect who has not yet gained control over a necessary instrumentality of the criminal plan cannot be guilty of attempt.

indispensable element test

last act test

physical proximity test

unequivocality test

dangerous proximity test

Question 14 1 ptsWhich of the following are criminal acts that are punished before the ultimate or intended harm occurs?

Which of the following are criminal acts that are punished before the ultimate or intended harm occurs?

misdemeanors

inchoate crimes

completed crimes

felonies

Petty offenses

Question 15 1 pts Factual impossibility is not a defense to the crime of attempt.

True

False

Question 16 The general intent requirement for attempted crimes makes sense, because the concept of attempt encompasses the idea that a person is trying to commit a specific act.

True

False

Question 17 1 ptsUnder common law, the physical impossibility of accomplishing the crime frequently prevents conviction.

True

False

Question 18 1 pts It has been said that the only difference between the man who attempts and fails and another who attempts and succeeds may be chance.

True

False

Question 19 1 pts If an accused argues that he or she abandoned the criminal enterprise and did not intend to actually commit the crime, he or she can still be charged with and found guilty of attempt.

True

False

Question 20 1 pts Abandonment is a valid defense, in those jurisdictions that recognize it as such, only when the accused has a genuine change of heart about committing the crime and clearly manifests the desire to abandon the criminal enterprise entirely.

True

False

Question 21

The mensrea of conspiracy is the act of reaching an agreement.

True

False

Question 22 1 pts One of the basic principles of Anglo-American criminal law is that the law does not punish people for their actions.

True

False

Question 23

nchoate crimes also have actusreus and mensrea requirements.

True

False

Today, an attempt to commit a substantive crime is usually classified as an equal crime to the target or object offense.

True

False

All modern jurisdictions similarly require that the solicitor have a mental state of desiring that the crime be carried out.

True

False

Question 26 1 pts The salient issue in the impossibility defense is whether the law should punish a person who has attempted to do what was not possible under the existing circumstances.

True

False

27. Match the defenses listed with the definitions

Under this defense, unless the threat is against habitation, the actor is not justified in the use of deadly force.

[ Choose ]

Under this defense, unless the threat is against habitation, the actor is not justified in the use of deadly force.

[ Choose ]

Sometimes a person is faced with a choice between two courses of action, both of which will cause harm. If the actor chooses the lesser of the two, he or she can claim this defense

[ Choose ]

The justified use of reasonable force by one who is not an aggressor, when the actor-defendant reasonably believed it was necessary to defend against what the defendant reasonably perceived to be an unlawful and imminent attack upon the defendant's person

[ Choose ]

There is some overlap between this justification and the defense of others.

[ Choose ]

As this defense developed, persons who could be defended expanded to include others in the household and beyond, eventually even including strangers.

[ Choose ]

Under this defense, a person is justified in using reasonable force to defend someone else when that person "reasonably believes that the other person is in imminent danger of bodily harm from an unlawful aggressor and that the use of force is "necessary" to avoid the harm.

[ Choose ]

Every jurisdiction now recognizes this defense as a justification for committing a crime, and even permits the use of deadly force if the defendant is able to prove the elements of the claim.

[ Choose ]

This defense is also known as the choice of evils, or the choice of lesser evils.

[ Choose ]

The primary purpose of this defense is as it applies to sworn police officers in the exercise of their duties.

[ Choose ]

Question 28 1 pts The MPC requires three things in order to maintain non-deadly mechanical devices. Which of the following does NOT belong?

The device must be one that is customarily used for the purpose of protection, and reasonable care must be taken to make probable intruders aware that the device is being used.

The device must be reasonable under the circumstances.

The device must not be designed to cause or create a substantial risk of death or serious injury.

The device must carry automatic ammunition and have a shroud.

Question 29

The common law rule, case law, and statutes concerning self-defense require that the defendant reasonably believe that his or her adversary's unlawful violence, especially deadly force, have any three of the following time-related characteristics. Which of the following is NOT an appropriate characteristic?

Postponed

Imminent

happen at once

almost immediately forthcoming

Question 30 1 pts A defense is based upon a(n) ____ when the actor has violated a criminal statue but there is a reason for not holding him or her personally accountable.

true defense

affirmative defense

excuse

justification

Your text names three noteworthy situations that would lead to a valid assertion of the duress defense under the MPC but not under common law. Which of the following is NOT one of these three?

a person who must kill another person in order to prevent his or her own death

a person who is brainwashed, or coerced, over time into committing an illegal act by responding to earlier threats that have rendered the actor submissive

an escape from prison to avoid an intolerable condition or circumstance

a battered woman commits a crime at the suggestion of her abusive partner

According to the MPC provisions, an officer or private citizen may not use deadly force to prevent the commission of a crime unless he or she believes:

that there is a possible risk that the suspect will cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents only possible substantial risk to bystanders.

that there is a substantial risk that the suspect will cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents no substantial risk to bystanders.

that there is a substantial risk that the suspect will cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents risk to no more than two bystanders

that there is any risk that the suspect may cause the death or serious bodily injury to another person unless prevented from doing so, and that the use of deadly force presents minimal substantial risk to bystanders.

Once a defendant has been charged with a criminal offense, the prosecutor has the burden of producing evidence and proving beyond a reasonable doubt the existence of the four elements of criminal culpability. Which of the following is NOT one of these four elements?

an actual and proximate causal connection between the actusreus and the social harm

the defendant's voluntary act, or omission when there was a duty to act

the concurrence of motive and intent

the social harm resulting from the offense

Usually, a defendant must prove three elements in order to be acquitted of a crime because of self-defense. Which of the following is NOT one of these three elements?

the necessity of using force (including the use of deadly force only "to prevent imminent and unlawful use of deadly force by the aggressor")

whether a weapon was used, and whether it was lethal or nonlethal

the reasonableness of the belief that force was necessary

the proportionality of the force to the threat (i.e., the level of force used in self-defense cannot be excessive in light of the level of force threatened)

There are five legal tests, or rules, that have been adopted by jurisdictions in the United States to determine the sanity of an accused. Which of the following is no longer used?

the product test

the American Law Institute test

the federal test

theM'Naghten

Private citizens can make citizens' arrests under the common law rule for three of the following reasons. Which of the following is NOT a legitimate reason?

For a misdemeanor involving a breach of the peace, if the crime actually occurred and the citizen reasonably believed the suspect committed the offense.

For certain misdemeanors committed in the citizen's presence

For a felony, if the crime actually occurred and the citizen reasonably believed the suspect committed the offense

For a felony, if the crime may have occurred and the citizen reasonably believed the suspect looked guilty

A(n) ____ is one in which the defendant admits to the existence of all of the necessary legal elements for criminal liability but offers one or more legally recognized reasons why he or she should nonetheless be acquitted.

excuse

justification

true defense

affirmative defense

A defense based upon a(n) ____ renders lawful conduct that would otherwise constitute a violation of the criminal law.

affirmative defense

true defense

excuse

justification

Diminished capacity can be used to describe two circumstances in which a mental condition short of insanity will exonerate the accused or lessen the crime for which he or she is convicted. One of these circumstances is where the accused:

can prove pure legal impossibility

can show that he or she abandoned the crime while still in a sane mental state

raises the condition as a failure of proof defense, negating an element of the crime, a mensrea use of the defense

raises the defense that possession forced him or her to act under duress.

Although the right to prevent harm to another is universally recognized as a defense, there are two problem areas:

determining the category of persons who can be assisted, and identifying situations in which the person defended did not have a legal right to act in self-defense.

determining the category of assailants who can be stopped, and identifying situations in which the persons defended are strong enough to defend themselves.

determining the category of crimes that should be prevented, and identifying situations in which the assailants should be treated with lethal force.

determining the ways in which police could better handle the situation, and identifying situations in which the assailant's rights could be violated

defense can mean any set of identifiable conditions or circumstances that may prevent a conviction for an offense.

True

False