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Exam 14: Preparatory Offenses and Organized Criminal Activity

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Question 31

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________ impossibility is a defense to a charge of criminal attempt.

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Question 32

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Mary and Jane agree to steal Sheila's new Italian sports car.However,before the two women commit the offense of criminal conspiracy,at least one of them must engage in an ________ in furtherance of the theft.

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Question 33

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Roger makes plans to murder his business partner Stephen.However,before Roger can be charged and convicted of criminal attempt,he must engage in an act that goes beyond ________ for the murder.

Tom,Dick,and Harry agree to burglarize the local bank.Tom visits the bank to determine the type of vault the bank uses.Dick acquires an acetylene torch and other tools to use in the burglary.Harry currently works as an alarm installer and will disable the bank's alarm prior to the burglary.On the night of the burglary,however,Dick changes his mind about participating.He falsely claims to have the flu and remains home.Tom and Harry go to the bank but are apprehended by the police shortly after breaking into the bank building.Which of the following is a correct statement about this incident?

Criminal attempt normally involves a ________ to commit a substantive offense and an act that falls short of the completion of the intended offense.

The existence of a "criminal combination" is a required element that must be proven in which of the following offenses?

For a criminal conspiracy to occur,two or more people must agree to commit a ________ and one or more must engage in an overt act in furtherance of the commission.

________ is a statutory defense to a charge of criminal conspiracy even after the overt act has occurred.

Don and Charles own a print shop.Because of computers and home printers their printing business has been slow.Don approaches Charles and says,"Why don't we print our own money? We have the knowledge and equipment to make virtually undetectable counterfeit $100 bills.That way we no longer need customers for our regular printing business." Charles responds,"That's a great idea.We can get rich.I'm in." However,no criminal conspiracy has yet to occur because:

Under Texas law,a criminal conspiracy requires three or more persons to agree to commit a felony or Class A misdemeanor and at least one of them to commit an overt act in furtherance of that felony.

Criminal attempt normally involves a specific intent to commit a substantive offense and an ________ that falls short of the completion of the intended offense.

Jill contacts Jack and offers him $5,000 to kill her husband Reginald.Jack refuses Jill's efforts to enlist him in the murder plot.However,by making the offer to Jack,Jill has committed the offense of criminal ________.

Briefly outline the elements of criminal attempt,criminal conspiracy,and criminal solicitation under Texas law.Which of these offenses may be successfully prosecuted even if the offender(s)do not successfully complete their intended crime? Which of these offense may be successfully prosecuted even if the offender(s)successfully complete their intended crime?

Voluntary renunciation is a legal defense to charges of both criminal attempt and criminal conspiracy.

Sam and Dave are shooting dice in the back of a bar.They are wagering large amounts of money.Several bar patrons are observing their dice game.While Sam and Dave might correctly be convicted of violating the Texas gambling statute,they cannot be convicted of conspiracy to gamble because of ________ Rule.

Raymond convinces his younger brother Derrick to help him steal a $50,000 sports car.As the two approach the target car,Derrick changes his mind and leaves the scene.Irrespective of whatever other offenses Raymond may have committed,he did NOT commit criminal ________ because theft of the car would not constitute a felony of the first degree.

A single conspirator cannot be convicted if all of his co-conspirators have been acquitted of the charge.This legal principle is known as the ________ requirement.

The legal principle known as the Pinkerton Rule holds all members of a conspiracy legally accountable for the foreseeable criminal acts of the other members.

A criminal attempt is distinguished from the actual commission of an offense intended by the lack of a mens rea requirement in proving criminal attempt.

To commit the offense of engaging in organized crime,in addition to other elements of the offense it must be established that the accused was part of a "criminal combination." A "criminal combination" consists of at least ________ participants collaborating in the criminal activity.