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Question 1
Chuck is the host of "Criminal Mind" a popular reality television show where unsuspecting pedestrians are offered cash to commit petty crimes. According to the rules of the game, if a pedestrian actually agrees to commit the crime, he loses. However, if he resists the offer, he wins a cash prize. The program does not actually want contestants to commit crimes. In fact, the contestants who agree to commit the crimes are informed that they are on "Criminal Mind" and so no crimes are ever committed. One day, Chuck approaches Alex and offers him $500 to shoplift some candy from a convenience store across the street. Before Alex can even respond, Officer Barbrady, a police officer who has overheard Chuck making the offer to Alex, arrests Chuck and had him charged with solicitation. If Chuck is brought to trial, we will probably be:
Correct
Incorrect!
Correct A defendant will only be convicted of solicitation if the prosecution can show that he acted volitionally and with the intent of causing the person he solicited to commit the crime. Here, Chuck did not intend to cause Alex to commit the crime. That being the case, Chuck cannot be convicted of solicitation and B is the correct answer.
Incorrect! A defendant will only be convicted of solicitation if the prosecution can show that he acted volitionally and with the intent of causing the person he solicited to commit the crime. Here, Chuck did not intend to cause Alex to commit the crime. That being the case, Chuck cannot be convicted of solicitation and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Lyle asks Eric if Eric will kill Lyle's parents for him. Eric kills Lyle's parents a few days later. If Lyle is tried and convicted for solicitation in a jurisdiction that follows the Model Penal Code, his punishment will be:
Correct
Incorrect!
Correct The Model Penal Code makes solicitation punishable to the same extent as is allowed for the solicited crime. That being the case, Lyle can be punished to the extent that Eric can be and B is the correct answer.
Incorrect! The Model Penal Code makes solicitation punishable to the same extent as is allowed for the solicited crime. That being the case, Lyle can be punished to the extent that Eric can be and B is the correct answer.
Question 3
Lyle asks Eric if Eric will help Lyle kill his parents. Eric agrees to help. Before they can carry out the plan, Lyle and Eric are arrested and Lyle is charged with solicitation and conspiracy. Assuming that the prosecution can prove its case, Lyle can be convicted of both charges:
Correct
Incorrect!
Correct If, after committing the act of solicitation, the defendant engages in further conduct that constitutes either conspiracy or attempt, he cannot be convicted of both the solicitation and the attempt or conspiracy together. Solicitation is considered a lesser included offense and, therefore, while the defendant can be convicted of either the solicitation or the conspiracy or attempt, he cannot be convicted of both. Here, Lyle entered into a conspiracy with Eric. That being the case, he can either be convicted of the conspiracy of for the solicitation. Therefore, FALSE is the correct answer.
Incorrect! If, after committing the act of solicitation, the defendant engages in further conduct that constitutes either conspiracy or attempt, he cannot be convicted of both the solicitation and the attempt or conspiracy together. Solicitation is considered a lesser included offense and, therefore, while the defendant can be convicted of either the solicitation or the conspiracy or attempt, he cannot be convicted of both. Here, Lyle entered into a conspiracy with Eric. That being the case, he can either be convicted of the conspiracy of for the solicitation. Therefore, FALSE is the correct answer.