Inchoate Offenses Quiz
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Questions and Answers

What is an inchoate offense?

  • A crime committed by accident
  • A crime committed without intent
  • A crime that requires actual harm to be done
  • A crime of preparing to commit another crime (correct)

What is the most common inchoate offense?

  • Facilitation
  • Misprision of felony
  • Solicitation
  • Conspiracy (correct)

What mens rea is required for inchoate offenses?

  • Malice aforethought
  • Strict liability
  • Negligence
  • Recklessness or intent (correct)

Can specific intent be inferred from circumstances in inchoate offenses?

<p>Yes, specific intent may be inferred from circumstances (A)</p> Signup and view all the answers

What is the doctrine of merger?

<p>The merging of an inchoate offense with the completed crime (B)</p> Signup and view all the answers

Is impossibility a defense to the crime of attempt?

<p>It depends on the circumstances creating the impossibility (D)</p> Signup and view all the answers

Can abandonment be used as a defense to inchoate offenses?

<p>Yes, abandonment can be used as an affirmative defense to inchoate offenses (C)</p> Signup and view all the answers

What is the scholarly treatment of burglaries in American law as inchoate crimes?

<p>Burglaries are considered inchoate crimes in American law by some scholars (D)</p> Signup and view all the answers

What creates an inchoate crime of burglary?

<p>Possession of burglary tools (A)</p> Signup and view all the answers

Flashcards

Inchoate Offenses

A crime that involves preparing to commit another crime, but the crime itself hasn't been fully committed yet.

What's the most common Inchoate offense?

The most common type of inchoate offense, involving an agreement between two or more people to commit an illegal act.

Mens Rea for Inchoate Offenses

The mental state required for inchoate offenses. It can be either recklessness (knowing the risk of causing harm) or intent (specifically intending to commit the crime).

Can specific intent be inferred?

Yes, specific intent can be inferred from the circumstances surrounding the crime, even if it wasn't explicitly stated.

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Doctrine of Merger

The principle that when an inchoate offense leads to the completion of the full crime, the inchoate offense is absorbed into the completed crime and is no longer a separate charge.

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Is Impossibility a defense to Attempt?

It depends on the circumstances surrounding the impossibility. If the circumstances were created by the defendant, impossibility is likely not a defense. However, if the impossibility was due to factors outside of the defendant's control, it might be a valid defense.

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Can Abandonment be a Defense?

Yes, abandonment can be used as a defense. The accused must prove that they voluntarily and completely gave up on their criminal intent.

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Burglaries as Inchoate Crimes

Some scholars argue that burglaries, which are considered inchoate crimes in American law, are essentially an inchoate crime because they involve an attempt to commit another crime (e.g., theft).

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What creates an inchoate crime of burglary?

The possession of tools specifically designed or adapted for burglary, even without entering a building, can be considered an inchoate crime of burglary.

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Study Notes

Crime of Preparing for Another Crime: Summary

  • Inchoate offenses are crimes of preparing to commit another crime.
  • The most common inchoate offense is "attempt."
  • Inchoate offenses require the mens rea of intent or recklessness.
  • Specific intent may be inferred from circumstances.
  • The doctrine of merger has been abandoned in many jurisdictions in cases involving a conspiracy.
  • Impossibility is not a defense to the crime of attempt where the conditions creating the impossibility are unknown to the actor.
  • Abandonment can be used as an affirmative defense to inchoate offenses.
  • There is some scholarly treatment of burglaries in American law as inchoate crimes.
  • Possession of burglary tools creates an inchoate crime.
  • Examples of inchoate offenses include conspiracy, solicitation, facilitation, misprision of felony, organized crime, RICO, and attempt.
  • Inchoate offenses are conduct deemed criminal without actual harm being done.
  • Inchoate offenses require the specific intent to commit the underlying crime.

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Description

Do you know what an inchoate offense is? Test your knowledge with this quiz on the crime of preparing for another crime. From the most common inchoate offense of "attempt" to the doctrine of merger and the use of abandonment as a defense, this quiz covers key concepts and examples of inchoate offenses. See if you can identify the mens rea required and understand the circumstances that may infer specific intent. Take the quiz now to see how well you know the ins and outs of

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