Chat with AIExam 8: Inchoate Crimes
Which test of attempt actus reus examines whether an ordinary person who saw the defendant's acts without knowing his intent would believe he was determined to commit the intended crime?
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VerifiedD
Describe the two types of large-scale conspiracies.How are they similar? How are they different?
(70) VerifiedThere are two types of large-scale conspiracies: wheel and chain.Wheel conspiracies involve parties differently,with some participating in every transaction and others participating only in one.Chain conspiracies involve parties equally with each participant handling the same commodity at different points through the process of manufacture,distribution,and sale.Chain conspiracies often involve the distribution of some commodity,such as illegal drugs.
What is the purpose of the Racketeer Influenced and Corrupt Organizations (RICO)Act? What types of crime does RICO generally address? Be sure to provide examples.
(75) VerifiedRICO reflects the need for effective means to meet the threat posed by organized crime.It imposes enhanced penalties for "all types of organized criminal behavior,that is,enterprise criminality-from simple political to sophisticated white-collar schemes to traditional Mafia-type endeavors" (Blakely and Gettings 1980,1013-14).RICO grew out of fear that organized crime was infiltrating legitimate businesses,a problem widely publicized after President Johnson's Crime Commission highlighted the problem in 1967.The original idea was to make it a crime to invest money gotten by crime in legitimate businesses.RICO's broadest and most often prosecuted crime consists of three elements: conducting the affairs of any "enterprise" (defined as "just about any form of human endeavor"); by means of a "pattern of racketeering activity" (defined as committing two or more of a huge list of related crimes); and that do or threaten to continue for a period of time (Lynch 2002,1343).The U.S.government uses RICO to prosecute organized crime,white collar crime,and government corruption.
Joseph owns his own car maintenance shop. He has been in business for twenty years and has done quite well. Edward opens a car maintenance shop across the street from Joseph. Joseph loses a large number of customers to Edward. Joseph decides to eliminate the competition and hires a man to murder Edward for the sum of $5,000.
-What crime has Joseph committed?
(81) How many states accept the affirmative defense of voluntary abandonment to attempt liability?
(75) Conspiracy actus reus consists of three parts: commitment,agreement,and completion.
(78) Some statutes restrict the circumstance element of the criminal objective of to committing felonies.
(80) Solicitation is the crime of trying to get someone else to commit a crime.Explain the actus reus and mens rea of solicitation and why the crime of solicitation is punished similarly to the crime of conspiracy.
(76) Sanchez owns 13 adult entertainment stores that have been operating successfully for ten years. Sanchez is convicted of transporting and selling obscene material. He was also convicted of racketeering activity.
-Sanchez is in violation of what act?
(77) Which test asks whether defendants have reached a point where they've gotten control of everything they need to complete the crime?
(81) Sanchez owns 13 adult entertainment stores that have been operating successfully for ten years. Sanchez is convicted of transporting and selling obscene material. He was also convicted of racketeering activity.
-If he is convicted,which of the following is a likely punishment?
(66) Which of the following would be a valid impossibility defense?
(75) A circumstance beyond the attempter's control that prevents the completion of a crime is known as a(n)
(66) What has occurred when actors intend to commit crimes,and do everything they can to carry out their criminal intent,but the criminal law doesn't ban what they did?
(84) The vague definitions of the elements in conspiracy offer considerable opportunity for
(79) Joseph owns his own car maintenance shop. He has been in business for twenty years and has done quite well. Edward opens a car maintenance shop across the street from Joseph. Joseph loses a large number of customers to Edward. Joseph decides to eliminate the competition and hires a man to murder Edward for the sum of $5,000.
-Regarding the actus reus of Joseph's crime,what does the $5,000 represent?
(64) Physical proximity tests of the actus reus of attempt focus on
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