Solicitation & Conspiracy

Question 1

Generally, _________ is the crime of asking another person to join in a course of criminal conduct, with the intent that the other person commit the crime or participate in its commission.

Answer 1

solicitation

Question 2

The elements of solicitation are:
1.
2.

Answer 2

1. Asking, enticing, counseling, advising, urging, or commanding another person to commit a crime
2. With the intent that the person solicited commit the crime.

Question 3

‘Every person who, with intent that the crime be committed, ______ another to commit or join in the commission of murder is guilty of ___________ of murder.”

Answer 3

Solicits
Solicitation

Question 4

The act, if successful, must be a criminal offense. (Solicitation) True or False.

Answer 4

True

Question 5

Solicitation requires the _______ _________ that the person solicited commit the crime. Intent can be inferred from the circumstances of the asking.

Answer 5

Specific intent

Question 6

The solicitation is completed by the

Answer 6

Solicitation itself

Question 7

The solicitation is completed by the solicitation itself. It does not require that the crime be completed, that the person solicited agree to commit the crime, or that a subject conviction be fulfilled. True or False

Answer 7

True

Question 8

Conspiracy requires:
1.
2.
3.

Answer 8

1. An agreement between two or more persons;
2. An intent to enter into the agreement; and
3. An intent by at least two persons to achieve the object of the agreement

Question 9

The object of the ________ must be criminal, or a lawful object achieved by criminal means.

Answer 9

Conspiracy

Question 10

At common law, an _______ ______ was not required for a conspiracy conviction.

Answer 10

Overt act

Question 11

The MPC (majority approach) requires an ______ _____, but unlike attempt, an act of mere preparation is enough.

Answer 11

Over act

Question 12

The federal drug conspiracy statute follows the ______ ______ approach, the government is not required to prove an overt act in furtherance of the conspiracy.

Answer 12

Common law

Question 13

The federal drug conspiracy statute follows the common law approach, the government is not required to prove an overt act in furtherance of the conspiracy. The conspiracy can be proved by _____________ evidence and may be implied by the surrounding circumstances or by inference from the actions of the parties.

Answer 13

Circumstantial

Question 14

Once the government proves the existence of a conspiracy, only slight evidence is needed to link a defendant to the conspiracy. True or False

Answer 14

True

Question 15

The __________ approach is the modern trend and followed by the MPC. This approach requires that only _______ __________ have genuine criminal intent. Under this approach, a defendant can be convicted of conspiracy if they conspire with _____ _______ _______ and that person is an undercover police officer or confidential informant.

Answer 15

Unilateral
One person
One person only

Question 16

The __________ approach is the common law rule. This approach requires at least _______ “______ _______”. Put another way, _______ ______ who are actually committed to the illegal plan. If one person in a two-party agreement is only feigning agreement, there is no conspiracy.

Answer 16

Bilateral
Two guilty minds
Two people

Question 17

Under the ___________ approach, the acquittal of all persons with who a defendant is alleged to have conspired precludes conviction of the remaining defendant.

Answer 17

Bilateral

Question 18

Under the bilateral approach, the acquittal of all persons with who a defendant is alleged to have conspired precludes conviction of the remaining defendant. It must be an _________. If the coconspirators are never charged, the defendant can still be convicted.

Answer 18

Acquittal

Question 19

A conspiracy ends upon completion of

Answer 19

The wrongful objective

Question 20

Acts of concealment are not part of the conspiracy unless agreed to when?

Answer 20

In advance

Question 21

Does the government’s defeat of a conspiracy’s objectives automatically end the conspiracy?

Answer 21

No

Question 22

___________ is not a defense to conspiracy because the conspiracy is complete as soon as the agreement is made and (if applicable) an overt act is performed.

Answer 22

Withdrawal

Question 23

____________ may be a defense to crimes committed in furtherance of the conspiracy.

Answer 23

Withdrawal

Question 24

__________ and the _________ ________ are distinct offenses and do not merge. A defendant ______ be convicted of both crimes.

Answer 24

Conspiracy and the completed crime
Can

Question 25

__________ is governed by FRCP 8(B) and _________ by FRCP 14(a).

Answer 25

Jointer
Severance

Question 26

A motion to _________ should be granted if it appears that the defendant will be prejudiced by a joint trial with other defendants.

Answer 26

Sever

Question 27

The __________ has the burden of proof and must demonstrate clear and substantial prejudice.

Answer 27

Defendant

Question 28

There is a presumption against __________ because closely related charges should be tried together.

Answer 28

Severance

Question 29

A conspiracy charge “provides a common link and demonstrates the existence of a common plan for purposes of __________.

Answer 29

Joinder

Question 30

Multiple conspiracies can be joined: “ ________________”

Answer 30

So long as they are related as part of a common scheme.

Question 31

A __________ conspiracy is when the conspirators act separately and successively, but the actions of each coconspirator benefits the overall conspiracy.

Answer 31

Chain

Question 32

A chain conspiracy is when the conspirators ________ _________ and _________ but the actions of each coconspirator benefits the overall conspiracy.

Answer 32

Act separately and successively

Question 33

A _______ or ____________ conspiracy is when a central figure (the hub) interacts seperately with peripheral coconspirators (the spokes) in furtherance of the conspiracy.

Answer 33

Wheel
Hub and Spoke

Question 34

A wheel or hub-and-spoke conspiracy is when a central figure (the hub) interacts _________ with peripheral coconspirators (the spokes) in furtherance of the conspiracy.

Answer 34

Separately

Question 35

One conspirator need not know the identities of all his coconspirators, nor be aware of all the details of the conspiracy in order to be found to have agreed to participate in it. True or False

Answer 35

True

Question 36

If you look at any conspiracy close enough, you could likely break it down into various mini-conspiracies. To that end, trial courts are given discretion in deciding if large conspiracies should be tried as one conspiracy or multiple conspiracies. True or False

Answer 36

True

Question 37

Conspiracy requires ___________ __________.

Answer 37

Specific Intent

Question 38

The defendant must have __________of the conspiracy and the _____ ________ to agree to commit the unlawful objective of the agreement.

Answer 38

knowledge
specific intent

Question 39

The___________ does not have to know all of the circumstances of the agreement or all the participants in the conspiracy.

Answer 39

defendant

Question 40

The __________ must have more than mere knowledge of a criminal plan to establish the needed intent.

Answer 40

Defendant

Question 41

__________ can be inferred from the defendant;’s knowledge of the agreement and a stake in the outcome.

Answer 41

Intent

Question 42

In United States v. Pinkerton, SCOTUS held that “the overt act of one member of a conspiracy is _____________ to all other members of the conspiracy.

Answer 42

Attributable

Question 43

Vicarious liability for the actions of a coconspirator. True or False

Answer 43

True

Question 44

Pinkerton Liability Attaches when:
1.
2.
3.

Answer 44

1. The government proves beyond a reasonable doubt the existence of a conspiracy
2. That the substantive offense was committed in furtherance of the conspiracy, and
3. That the substantive offense was reasonably foreseeable as a natural outgrowth of the conspiracy