True/False
Indicate whether the
statement is true or false.
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1.
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Attempting to commit a crime is a crime in
itself.
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2.
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An accessory can be tried for a crime even though
the principal was acquitted.
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3.
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It is a crime to ask another person to commit a
crime.
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4.
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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.
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5.
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When a person plans to commit a crime, this is an
“attempt.”
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6.
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When John draws a plan of a local bank, he has
committed the crime of attempted armed
robbery.
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7.
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Discussing the “perfect” crime with
another person is a crime in itself.
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8.
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When a person is “constructively
present,” this means that he or she helped to plan the
crime, but is not involved in its
commission.
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9.
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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.
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10.
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The closer a person gets to committing the crime,
the more likely he or she is to be guilty of
an “attempt.”
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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The term for the person who actually commits the
crime is the
a. | principal in the first
degree. | b. | principal in deus unum | c. | accessory before the fact. | d. | accessory after the fact. |
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12.
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A crime that may be committed when two or more
people agree to commit a crime is called
a. | solicitation. | b. | conspiracy. | c. | incitement. | d. | duress. |
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13.
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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, is the
a. | principal in the first
degree. | b. | principal in the second
degree. | c. | accessory before the fact. | d. | accessory after the fact. |
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14.
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The legal test used to determine when a person has
“committed” the offense of attempt to
commit a crime is
a. | substantial step. | b. | proximate cause. | c. | legal
possibility. | d. | physical
location. |
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15.
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The term for the person who helps the principal
plan the crime, and who may also provide
resources, advice, or counseling to the principal, but is
not present when the crime occurs is
the
a. | principal in the first
degree. | b. | principal in the second
degree. | c. | accessory before the fact. | d. | accessory after the fact. |
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16.
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The rule that prohibits the prosecution of two
people as conspirators when it actually takes
two people to commit the crime is the
a. | conspiracy rule. | b. | overt action rule. | c. | Wharton’s
rule | d. | Cardozo’s
rule |
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17.
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In some states, the category of accessory has been
abolished in favor of the new designation
a. | principal. | b. | codefendant. | c. | accomplice. | d. | co-suspect. |
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18.
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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 |
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19.
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(Same facts as in Question 8). 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. |
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20.
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One of the requirements of a conspiracy is that the
parties carry out some activity to assist in
the illegal design. This act is called
a. | an illegal act. | b. | an overt act. | c. | a conspiratorial
act. | d. | a convergent act. |
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