Chapter 7:
Section 1:
Please indicate which answers below are true and
which are false:
1.
Attempting to
commit a crime is a crime in itself.
2.
An accessory
can be tried for a crime even though the principal was acquitted.
3.
It is a crime
to ask another person to commit a crime.
4.
When two or
more people agree to commit a crime and take any action to further the crime
along, even a legal action, this can be a crime.
5.
When a person
plans to commit a crime this is ‘attempt.’
6.
When John
draws a plan of a local bank, he has committed the crime of attempted armed
robbery.
7.
Discussing the
‘perfect’ crime with another person is a crime in itself.
8.
When a person
is “constructively present” this means that he/she helped to plan the crime,
but is not involved in its commission.
9.
Darrell and
Toby enter a convenience store. Toby aims a gun at the store clerk and demands
the money. Darrell has no weapon. Darrell is a principal in the first degree.
10.
The closer a
person gets to committing the crime, the more likely
he is to be guilty of ‘attempt.’
Please indicate the correct answer for the following
questions:
1.
The term for
the person who actually commits the crime.
a. principal in the first degree
b. principal in the second degree
c. accessory before the fact
d. accessory after the fact
2.
A crime that
may be committed when two or more people agree to commit a crime.
a. Solicitation
b. Conspiracy
c. Incitement
d. Duress
3.
The term for
the person who takes a less active role in the participation of the crime, like
the person driving the getaway car during an armed robbery of a bank.
a. principal in the first degree
b. principal in the second degree
c. accessory before the fact
d. accessory after the fact
4.
The legal test
used to determine when a person has ‘committed’ the offense of attempt to
commit a crime.
a. Substantial step
b. Proximate cause
c. Legal possibility
d. Physical location
5.
The term for
the person who helps the principal plan the crime. This may be someone who also provides
resources to the principal, advice or counseling.
a. principal in the first degree
b. principal in the second degree
c. accessory before the fact
d. accessory after the fact
6.
The rule that
prohibits the prosecution of two people as conspirators when it actually takes
two people to commit the crime.
a. the conspiracy rule
b. the overt action rule
c. Wharton’s Rule
d. Cardozo’s rule
7.
In some
states, the category of accessory has been abolished in favor of this new
designation:
a. principal
b. codefendant
c. accomplice
d. co-suspect
8.
Dan is waiting
in the getaway car, while Carl robs a local bank. Classify Dan’s level of
complicity in the crime.
a. principal in the first degree
b. principal in the second degree
c. accessory before the fact
d. accessory after the fact
9.
Carl is tried
for armed robbery and is acquitted. Can Dan be tried next?
a. No, because Carl, the principal was acquitted
b. No, because Dan’s guilt derives from Carl’s guilt and Carl has been found
not guilty
c. Yes, because Dan falls under “Wharton’s Rule”
d. Yes, because the law allows a trial of a principal in the second degree even
when the principal in the first degree has been acquitted
10.
One of the
requirements of a conspiracy is that the parties carry out some activity to
assist in the illegal design. What is this act called?
a. An illegal act
b. An overt act
c. A conspiratorial act
d. A convergent act