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Exam 6: Incohate and Organized Crime

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Question 1

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What is the rationale behind the prosecution of inchoate crimes? What compensates for the lack of actual harm?

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Planned or intended crimes still threate...

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Question 2

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What are the elements of a RICO conspiracy?

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Elements of a RICO conspiracy are knowledge of the extent of the conspiracy and agreement to facilitate commission of acts that would constitute a substantive RICO crime if they were completed.

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Fred intends to break into a house across town and take some jewelry.He is apprehended at midnight driving toward the house with a lock pick,a crowbar,and a glass cutter in his car.(a)For what crime should he be charged? (b)If he discovers the lock pick doesn't work and is apprehended on his way to the car to get the glass cutter? (c)If he manages to force the door open a few inches and reaches inside?

The actus reus of solicitation is

Defenses unique to inchoate crimes include

In Case III,is the battery of Lacey Rude a foreseeable consequence of the Legrise gang's plan? What if Cat Bermuda has a gun (unknown to the others)and uses it to shoot Sissy McGuire,a guest of Mayor Chen who had once stolen Cat's date to the prom? What is the liability of the rest of the gang in each of these offenses?

Abandonment as a defense to conspiracy

The case that criminalized attempt in England in 1784 was

Voluntary abandonment is most likely to be accepted as a defense to attempt

Most states use the last proximate act test for attempt actus reus.

The overt act requirement for conspiracy is

Solicitation merges with the completed substantive crime.

If one person makes separate agreements to help two different parties commit two separate crimes,only one conspiracy takes place.

Joyce offers Ben $10,000 to kill her husband.(a)For what crime should she be charged? (b)If Ben accepts? (c)If Ben is an undercover police officer?

If two parties,unknown to each other,agree to work toward the same criminal objectives with one central person,only one conspiracy takes place.

A family who puts pictures of ghosts around the perimeter of its property with the intent of scaring passersby to death are most likely to be charged with

A statute that targets dangerous persons is likely to require a less substantial step toward the completion of a crime than a statute that targets dangerous conduct.

The Model Penal Code's proximity test for actus reus in attempt is

Hearsay testimony by a co-conspirator is allowed because co-conspirators are considered agents of each other.

Inchoate crimes are always given a lesser grade and degree than the completed offense.