CHAPTER 4: Criminal Liability - Fill-in-the-Blank Flashcards

A set of fill-in-the-blank flashcards covering preliminary, anticipatory, and inchoate crimes, conspiracy, solicitation, attempt, and related liability concepts from Chapter 4.

Solicitation may be defined as an __ to get another person to commit a crime.

attempt

The crime of __ is the oldest of the preliminary crimes.

conspiracy

The __ approach to conspiracy allows conviction even if the other party to the agreement is not guilty.

unilateral

The __ rule states that conspiracy cannot be charged if the number of people involved is only those necessary to commit the underlying crime.

Wharton

The general federal conspiracy statute, 18 U.S.C. § 371, requires proof of an __ act in some contexts.

overt

In Salinas v. United States, the Supreme Court held that § 1962(d) does not require proof of an __ act.

overt

The __ rule describes liability that extends to co-conspirators for crimes committed by others in furtherance of the conspiracy, provided the acts were foreseeable.

Pinkerton

A crime of aiding and abetting requires both an act and a mental state; the liability is called __ liability.

accomplice

The common design or plan rule states that when people share a common purpose to commit an unlawful act, 'what one did, they __ did.'

all

Withdrawn conspirators or abandonment: the Model Penal Code allows a defense where a conspirator renounces the plan in a manner showing complete and voluntary __.

renunciation

In the context of attempts, the Model Penal Code requires a '__ step' toward the commission.

substantial

Most courts have rejected the distinction between 'factual' and 'legal' impossibility in attempt cases; the general rule is that impossibility is not a defense except when the contemplated act was not a crime, i.e., '__ impossibility.'

factual

In internet enticement statutes, the defense of legal impossibility is generally __.

rejected

Strict liability offenses require only the __; there is no need to prove mens rea.

act

The mental state in accomplice liability is to '__' the principal.

facilitate