Criminal Law for the Criminal Justice Professional Norman Garland 4th Edition – Test Bank
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Sample Test
Chapter 03
Classification of Crimes and Basic Elements of Criminal
Responsibility
Multiple Choice Questions
1. Which
of the following is NOT one of the special rights and protections that the U.S.
Constitution affords to those accused of crimes?
A.the Eighth Amendment’s protection against excessive bail, excessive fines,
and cruel and unusual punishment
B. the Sixth Amendment’s right to a speedy and public trial, trial by
jury, cross-examination of witnesses, and counsel
C. the Fourteenth Amendment’s right to due process of law, which requires
that the federal government grant all of the rights to every defendant and
state governments grant most of them
D. the
First Amendment’s right to freedom of expression that gives a defendant the
right to tell his or her version of events in a public courtroom
2. A
_____ is defined as a wrongful act that results in injury and leaves the injured
party entitled to compensation.
A.tort
B. misdemeanor
C. felony
D. petty offense
3. Which
of the following is an important aspect of crime?
4. compensating
an individual
5. paying
damages
6. punishment
7. possessing
a prohibited article
4. One
essential characteristic that distinguishes criminal from civil wrongdoing in
Anglo-American law is the
A.method of compensating an individual.
B. possibility of loss of life or liberty in a civil suit.
C. condemnation
and stigma that accompanies the conviction of a crime.
D. type of contract or trust that is breached.
5. Which
of the following is a criminal act?
A.possessing questionable moral character, such as a morbid interest in violent
crime that may lead to the commission of such acts
B. writing detailed stories about imagined criminal acts and thus
inspiring others to commit them
C. committing
an omission such as neglecting to take care of a sick child, leading to that
child’s death
D. thinking about a criminal act and planning it extensively
6. Civil
liability differs from criminal liability in that in civil liability, _____.
A.a wrong is done against a community
B. the
consequences of the harm done are less severe
C. the government takes action against individual defendants
D. there is a possibility of punishment, such as loss of liberty or life
7. _____
are NOT a major category of crime.
A.Felonies
B. Public
order offenses
C. Misdemeanors
D. Petty offenses
8. Misdemeanors
differ from felonies in that misdemeanors are
9. punishable
by more than a year of imprisonment.
10.
classified under tort liabilities.
11.
more serious than felonies.
12.
offenses for which sentences must be served in a county jail.
9. In
homicide cases, under some jurisdictions, a person may be charged with
A.third-degree murder.
B. first-degree
murder.
C. reflexive manslaughter.
D. simple manslaughter.
10.
Identify a true statement about felonies.
11.
A crime has to be violent against a specific individual victim
to constitute a felony.
12.
They are divided into categories in order to show the severity
of certain offenses.
13.
They are punishable by less than a year of imprisonment or by
fines.
14.
Offenses classified as felonies consist of violations or
infractions against public welfare.
11.
Modern law defines a _____ as a crime that is less serious than
a felony and is usually punishable by fines, penalties, or incarceration of
less than one year.
A.petty offense
B. felony
C. misdemeanor
D. wobbler
12.
Which of the following would NOT be considered by a prosecutor
in deciding whether to charge an offense as a felony or a misdemeanor?
A.prior offenses committed by the perpetrator
B. the age of the perpetrator when the crime was committed
C. the seriousness of the offense committed
D. the
neighborhood in which the perpetrator resides
13.
A criminal’s _____ is different from a hope, desire, or wish.
A.mens rea
B. actus reus
C. purpose
D. culpability
14.
A(n) _____ usually consists of a voluntary action.
A.omission
B. purpose
C. intent
D. actus reus
15.
Situations that can diminish a person’s criminal responsibility
include
A.extreme youth, such as being too young to be tried as a juvenile offender.
B. being forced at gunpoint to steal a car.
C. mental infirmity, such as mental retardation or mental illness.
D. All
of the answers are correct.
16.
Which of the following is an example of a specific intent crime?
17.
larceny
18.
bigamy
19.
statutory rape
20.
breaking and entering
17.
The purpose of making possessory offenses a crime is to
A.raise arrest rates.
B. arrest criminals without having to catch them red-handed.
C. deter
further criminal activity.
D. show other criminals that they cannot escape the law.
18.
The guilty mind requirement for the conviction of a crime is
known as _____.
A.voluntas necandi
B. actus reus
C. mens rea
D. animus nocendi
19.
Motive is important as a matter of proof because
A.it is a form of mens rea and thus is an
element of proof required for criminal culpability.
B. a criminal actor is liable for the emotions that motivated him or her
to commit the crime.
C. it
may help to identify the perpetrator of a crime or explain why a suspect may
have acted in a particular way.
D. it means the emotion that prompted a person to act is actually the same
as intent.
20.
The intention to commit an act _____ is an example of specific
intent.
A.for the purpose of atoning for some past act
B. to achieve a particular criminal result
C. to
achieve some further consequences beyond the conduct or result that constitutes
the actus reus of the offense
D. with the awareness of a statutory attendant circumstance
21.
_____ is an example of a general intent crime.
A.Assault with an intent to kill
B. Statutory
rape
C. Receiving stolen property with the knowledge that it is stolen
D. Larceny
22.
_____ holds a person criminally liable even when the consequence
of his or her action is not what the person actually intended.
A.General intent
B. Specific intent
C. Mens rea
D. Transferred
intent
23.
To determine whether an act caused a specific result, _____.
A.there must be at least one eyewitness
B. the victim’s actions need to be the proximate cause of the result
C. the
accused person’s act must be the cause-in-fact of the result
D. the police must obtain a confession indicating the accused person’s
guilt
24.
The prosecution must prove beyond a reasonable doubt that an
accused was the but-for cause of a social harm in order to hold him or her
criminally responsible, unless
A.there
were two independent causes that operated simultaneously, either of which could
have caused the result.
B. the victim was a possible criminal who was escaping the custody of a
citizen’s arrest.
C. the accused person was not aware that he or she had committed a social
harm.
D. later incidents, not in the accused person’s control, caused further
harm to the victim.
25.
If two people shoot a victim and hit the victim’s vital organs
simultaneously, _____.
A.both
can be viewed as the cause-in-fact
B. only the principal actor is viewed as the cause-in-fact
C. the victim needs to provide testimony before dying
D. one of them will be viewed as an accomplice, regardless of the
circumstances
26.
Which of the following makes a defendant liable for a resulting
social harm as they are largely foreseeable or related to the defendant’s
conduct?
A.motivational requirements
B. dependent
intervening causes
C. independent intervening causes
D. temporal requirements
27.
Causes that are deemed separate from a defendant’s actions and
for the results of which it would be unfair to hold the defendant responsible
are called
A.independent interrupting causes.
B. dependent intervening causes.
C. independent
intervening causes.
D. dependent interrupting causes.
28.
The requirement for criminal liability that an accused performed
a voluntary act accompanied by the required mental state that actually and
proximately caused the prohibited social harm is known as a
A.dependent intervening cause.
B. strict liability.
C. cause-in-fact.
D. concurrence
of elements.
True/False Questions
29.
A civil offense is prosecuted by government attorneys who
represent the community as a whole.
FALSE
30.
The definitions of “immoral” and “deserving of punishment” are
extremely flexible, depending on who defines them and when.
TRUE
31.
Misdemeanors are often offenses that violate the public welfare.
FALSE
32.
In plea bargaining, a defense attorney will often attempt to
reduce a misdemeanor to a felony when the option exists.
FALSE
33.
Criminal liability requires a concurrence of the actus reus and
the mens rea.
TRUE
34.
An actus reus is any act or
omission containing the ingredients of causation and social harm.
TRUE
35.
If a person who has committed a crime voluntarily later regrets
the act, he or she will not be held equally responsible.
FALSE
36.
Numerous judicial decisions hold that a person is criminally
liable when he or she stands by and does nothing to help someone else in
jeopardy.
FALSE
37.
A person can be guilty of possession of certain items or
substances without any further act than possession of the prohibited article.
TRUE
38.
General intent is the intent only to commit the actus reus of a crime.
TRUE
39.
Bigamy is a specific intent crime.
FALSE
40.
Proximate cause is that cause, from among all of the
causes-in-fact that may exist, that is the legally defined cause of a social
harm.
TRUE
41.
A person cannot be convicted of a crime unless the prosecution
proves beyond a reasonable doubt a concurrence of a voluntary act and the
required mental state that actually and proximately caused the prohibited
social harm.
TRUE
Matching Questions
42.
Match the following mental states with their definitions.
|
1. When a perpetrator acts with
this mental state, it is his or her voluntary wish to act in a certain
conduct or produce a certain result. |
Acting
negligently |
6 |
|
2. Since the determination of this
mental state can be vague, juries are required to look at the perspective of
a defendant when determining whether the actions he or she took created this
mental state. Peculiar characteristics of the defendant may be taken into
account; for example, physical traits such as blindness may compel a person
to act differently than someone with sight, and a jury can be instructed to
take that into account. |
Purposely
with respect to result or conduct |
1 |
|
3. If a perpetrator fires 50
rounds into a crowd of people and kills five persons, he or she knowingly
killed the victims. If the perpetrator is aware or practically certain that
firing the weapon would likely result in one or more deaths, he or she
possesses this mental state. |
Purposely
with respect to attendant circumstances |
7 |
|
4. A person is guilty of this mental
state if he or she knows or is practically certain that his or her conduct
will cause this result. |
Knowingly
causes a result |
4 |
|
5. The MPC states that a person
shows this mental state if he or she voluntarily ignores a substantial and
unjustified risk that a certain circumstance exists or will result from
reckless conduct. |
Knowingly
with respect to conduct and attendant circumstances |
9 |
|
6. When determining this mental
state, a jury is required to look at the perspective of the accused individual
to decide whether he or she should have known that the omission involved
created a substantial and unjustifiable risk. |
Knowingly
with respect to conduct and attendant circumstances |
11 |
|
7. When a person acts with this
mental state, he or she is aware of the conditions that will make the
intended crime possible, or believes or hopes that they exist. |
Acting
recklessly |
2 |
|
8. A perpetrator who buys a gun
and ammunition, points the gun at a victim, and fires the gun has manifested
a purpose to kill the victim, and thus is showing this mental state. |
Acting
recklessly |
5 |
|
9. A person acts with this mental
state if he or she knows that his or her actions are criminal, or that
attendant circumstances made an otherwise legal act a criminal one. |
Purposely
with respect to attendant circumstances |
10 |
|
10. If a perpetrator enters an
occupied dwelling in order to commit a felony inside, he or she shows this
mental state if he or she is aware that it is occupied, believes it is, or
hopes it is. |
Knowingly
causes a result |
3 |
|
11. Sometimes, people will engage
in “willful blindness” by not asking questions in highly suspicious
circumstances and then claiming a lack of this mental state due to a lack of
knowledge. To avoid such manipulation, the MPC provides that knowledge is
established if a person knows that there is a high probability that such an
attendant circumstance exists. |
Purposely
with respect to result or conduct |
8 |
Short Answer Questions
43.
Do criminal defendants have more legal safeguards than civil
defendants? Why, or why not?
Criminal defendants have more protections than those who commit
civil wrongs because they have considerably more to lose through criminal
punishment. Only criminal punishment includes the possibility of loss of life
or liberty. This is why the burden of proof in a criminal trial is “beyond a
reasonable doubt,” but in civil trials it is either “clear and convincing
evidence” or a “preponderance (majority) of the evidence.”
44.
Explain what a felony was under common law and its modern
definition.
Under common law, felonies were the most serious class of
criminal offenses and were uniformly punishable by death; all other offenses
were considered misdemeanors and thus were not punishable by death. Today, the
modern definition of a felony is any serious crime that can be punishable by
more than a year of imprisonment and death. Felonies currently include, but are
not limited to, various degrees of homicide, rape, robbery, possession or
distribution of illegal narcotics, and arson. A crime does not have to be
violent or even be perpetrated against a specific individual victim to
constitute a felony. One example of a felony is white-collar crime, a term that
covers several types of generally nonviolent felonies relating to dishonesty in
commercial matters.
45.
Name the five elements of criminal responsibility.
Criminal responsibility has the following five elements:
· The actus reus
· The mens rea
· A unity of actus reus and mens rea
· Causation
· Resulting social harm
46.
Give two examples of speech that can be considered criminal acts
and do not fall under the protection of the First Amendment.
Answers can include any of the following:
· Falsely yelling “Fire!” in a crowded theatre
· Fighting words
· Obscenity
· Threatening the president
47.
Name the four mental states that comprise malice aforethought.
Malice aforethought, a form of mens rea, can exist in four different mental
states:
· A specific intent to kill
· An intent to inflict serious bodily injury
· A wanton disregard for human life
· The commission of a dangerous felony
Chapter 05
Incomplete Crimes
Multiple Choice Questions
1. _____
are criminal acts that are detected and punished before the ultimate or
intended crime actually occurs.
A.Inchoate
crimes
B. Misdemeanors
C. Completed crimes
D. Felonies
2. Only
after the _____ of committing a crime is a person liable for criminal
punishment under Anglo-American law.
A.second stage
B. third stage
C. fourth
stage
D. sixth stage
3. In
1784, the English court first recognized the crime of attempt in the
A.Rex v. Higgins case.
B. People v. Orndorff case.
C. Regina v. Eagleton case.
D. Rex v. Scofield case.
4. Identify
a true statement about abandonment as a defense to the crime of attempt.
A.Abandonment is a valid defense when the defendant ceases his or her actions
out of fear for his or her life.
B. Abandonment as a defense exists when the goal that an actor intended to
achieve is not defined as criminal by law.
C. Abandonment is a valid defense because the defendant was unable to
carry out the attempt because of some logistical or technical reason.
D. An
argument against this defense is that it allows an actor to undo criminal plans
by renunciation and avoid punishment.
5. The
crime of attempt requires a _____ that, if carried out, would result in the
commission of the substantive crime.
A.general intent to commit an act
B. general hope of initiating a criminal act
C. specific
intent to commit an act
D. specific intent to aid and abet
6. Under
the MPC, the intent requirement can be met even though a defendant may not have
desired or wanted a particular result, if it can be shown that the defendant
acted with
A.a
substantial certainty that a certain result would occur.
B.the mens rea of
recklessness, which essentially holds that “anything goes.”
C. the mens rea of negligence,
which implies that the defendant was deliberately careless.
D. a desire that a certain result would occur but was willing to accept an
alternate outcome, even arrest.
7. The
_____, established in the English case of Regina v. Eagleton,
is no longer utilized because most lawmakers believe that a person does not
have to take the very last step to be criminally culpable.
A. indispensable element test
B. last
act test
C. physical proximity test
D. unequivocality test
8. Which
of the following tests for attempt liability requires that a perpetrator
perform all of the steps that he or she believed necessary to commit an
intended offense?
A.the indispensable element test
B. the unequivocality test
C. the
last act test
D. the substantial step test
9. Under
the _____, the perpetrator need not have advanced so far as the last act and an
attempt has not been committed unless the accused has the immediate power to
actually carry through with the crime at the time the police intervene.
A.indispensable element test
B. last act test
C. physical
proximity test
D. dangerous proximity test
10.
Which of the following statements is true of the indispensable
element test?
A.The
focus is on whether an actor has the needed instruments to carry out an
offense.
B.The test requires that a perpetrator advance so far as the last act.
C. The factors used for the test are closeness of a danger and
significance of the harm.
D. The test looks at whether a defendant’s conduct was indicative of his
or her criminal intent.
11.
Under the _____, a person is guilty of attempt when his or her
conduct is very close to succeeding at a crime.
A.substantial step test
B. unequivocality test
C. physical proximity test
D. dangerous
proximity test
12.
Under the _____, a suspect who has not yet gained control over a
necessary instrumentality of a criminal plan cannot be guilty of attempt.
A.indispensable
element test
B. last act test
C. physical proximity test
D. dangerous proximity test
13.
The _____ is defined as a test that determines that an attempt
has occurred when a person’s conduct, standing alone, unambiguously manifests
his or her criminal intent.
A.substantial step test
B. unequivocality
test
C. last act test
D. physical proximity test
14.
The MPC uses the _____, which requires that a suspect must have
done or omitted to do something that constitutes an important and sizable stage
in the commission of a substantive offense.
A.substantial
step test
B. unequivocality test
C. physical proximity test
D. dangerous proximity test
15.
Which of the following is a defense used when a person’s
intended end result constitutes a crime, but the actor does not complete the
act that would have been a crime because of circumstances unknown to him or her
or beyond his or her control?
A.pure legal impossibility
B. factual
impossibility
C. genuine legal impossibility
D. legal impossibility
16.
Cases of “hybrid” legal impossibility occur when
A.the
distinction between legal and factual impossibility fails.
B. the reasons for punishing unsuccessful attempts apply to neither
category.
C. the distinction between legal and factual impossibility succeeds.
D. a suspect acts without the intent to commit an offense.
17.
In the context of defenses to attempt, _____ exists when the law
does not define the goal a defendant sought to achieve as criminal.
A.”hybrid” legal impossibility
B. pure
legal impossibility
C. factual impossibility
D. legal impossibility
18.
Abandonment is a valid defense when
A.the
defendant has had a change of heart on his or her own because of a sincere
belief that furtherance of the act is wrong.
B. the defendant abandons the criminal plan because he or she was unable
to carry out the attempt due to some logistical or technical reason.
C. the defendant postpones the project until a better time arises to carry
out the crime.
D. the defendant abandons the criminal plan because law enforcement
intervened.
19.
An argument against the abandonment defense is that it
A.allows a defendant who sincerely renounces crime to escape liability.
B. should regard timing as irrelevant, and people should be guilty at any
stage of the criminal plan regardless of whether or not actions were taken to
further that plan.
C. currently applies only to involuntary renunciations.
D. allows
an actor to undo criminal plans by renunciation and avoid punishment, a
possibility that may encourage persons to take preliminary steps toward a
crime.
20.
Solicitation exists only if the crime solicited has been
A.inquired
about.
B. attempted.
C. completed.
D. agreed to.
21.
Which of the following statements is true of the crime of
solicitation?
A.Solicitation
exists only if the crime solicited has not been completed, attempted, or agreed
to.
B. Solicitation was a general intent crime under common law and is still
one under current statutes.
C. If the person solicited attempts to commit a crime, then the solicitor
alone is held criminally liable for the conspiracy.
D. If the person solicited agrees to commit a crime, then the party
solicited alone is held criminally liable for the conspiracy.
22.
Which of the following terms can be defined as an agreement
between two or more people to commit an unlawful act or acts or to do a lawful
act unlawfully?
A.solicitation
B. conspiracy
C. facilitation
D. tying arrangement
23.
The crime of _____ is said to exist as a necessary and important
aid to law enforcement because secret enterprises threaten society and are
extremely difficult to detect.
A.solicitation
B. conspiracy
C. abandonment
D. attempt
True/False Questions
24.
Inchoate crimes also have actus reus and mens rea requirements.
TRUE
25.
Under modern law, an attempt to commit a substantive crime is
classified as a lesser crime than the target or object offense.
TRUE
26.
The general intent requirement for attempted crimes makes sense
because the concept of attempt encompasses the idea that a person is trying to
commit a specific act.
FALSE
27.
One of the basic principles of Anglo-American criminal law is
that the law does not punish people for their actions.
FALSE
28.
The salient issue in the impossibility defense is whether the
law should punish a person who has attempted to do what was not possible under
the existing circumstances.
TRUE
29.
Under common law, the physical impossibility of accomplishing a
crime frequently prevents conviction.
FALSE
33.
Factual impossibility is not a defense to the crime of attempt.
34.
If an accused argues that he or she had abandoned the criminal
enterprise and had not intended to actually commit the crime, he or can still
be charged with and found guilty of attempt.
FALSE
31.
Abandonment is a valid defense, in those jurisdictions that
recognize it as such, only when the accused has a genuine change of heart about
committing the crime and clearly manifests the desire to abandon the criminal
enterprise entirely.
TRUE
32.
Solicitation exists if the crime solicited has not been
completed, attempted, or agreed to.
TRUE
33.
The mens rea of conspiracy
is the act of reaching an agreement.
FALSE
34.
Conspiracy, also known as renunciation, is an affirmative
defense to the crime of attempt.
FALSE
Matching Questions
35.
Match the following impossibility tests with the characteristics
listed below.
|
1. Under this test, a suspect who has not yet gained
control over a necessary instrumentality of the criminal plan cannot be
guilty of attempt. |
The
unequivocality test |
11 |
|
2. The factors which are used in
this test to decide whether an attempt was accomplished are the closeness of
a danger, the significance of the harm, and the level of apprehension felt by
a potential victim. |
The physical
proximity test |
9 |
|
3. According to this test, an
attempted murder would not occur until the trigger had been pulled; an
attempted arson would not occur until the fire had been set. |
The
indispensable element test |
6 |
|
4. Under this test, a person is
guilty of attempt when his or her conduct is extremely close to success, or
when an act is so near to the result that the probability of success is very
great. |
The last
act test |
7 |
|
5. This test requires that a
suspect must have done or omitted to do something that constitutes a needed
act toward the commission of the substantive offense. |
The
substantial step test |
5 |
|
6. Under this test, a person
planning a killing by shooting who has not obtained a gun, or a person
planning arson who has not yet acquired the incendiary material necessary to
start a fire, could not be held guilty for attempted arson. |
The
dangerous proximity test |
2 |
|
7. Under this test, an attempt
occurs when a person has performed all of the acts that he or she believed
were necessary to carry out the action that would constitute an underlying
offense. |
The
dangerous proximity test |
4 |
|
8. Under this test, a person who
purchases flammable materials and soaks rags in them could be convicted of
attempted arson without his doing anything else, because the purchase,
coupled with the act of soaking the rags, may be deemed sufficient to prove
attempted arson. |
The
unequivocality test |
12 |
|
9. Under this approach, an attempt
has not been committed unless the accused has the immediate power to actually
carry through with the crime at the time of the intervention of the police. |
The last
act test |
3 |
|
10. Under this test, the
perpetrator need not have advanced to the final step of a crime, but the
conduct must be very close to the completed crime. |
The
substantial step test |
8 |
|
11. This test does not look at how
close the defendant came to succeeding but at whether his or her conduct was
indicative of his criminal intent. |
The
indispensable element test |
1 |
|
12. Under this test, an attempt
occurs when a person’s conduct alone unambiguously manifests his or her
criminal intent. |
The
physical proximity test |
10 |
Short Answer Questions
36.
Name four of the six steps of the crime of intent.
Answers should include any of the following. The actor
· conceives of the idea of committing the crime.
· evaluates the idea, considering whether or not to proceed.
· forms the intention to go forward.
· prepares to commit the crime, for example, by obtaining a gun.
· commences commission of the offense.
· completes his or her actions, achieving the goal.
37.
Name and define three of the tests that have been used or are
used to define a crime of intent.
Answers can include any of the following:
· Under the last act test, established in England in the case
of Regina v. Eagleton, an attempt
occurs when a person has performed all of the acts that he or she believed were
necessary to carry out the action that would constitute the underlying offense.
· Under the physical proximity test, the perpetrator need not have advanced so
far as the last act, but the conduct must be “proximate” to the completed
crime.
· The dangerous proximity test incorporates the physical proximity test but is
somewhat more flexible. Under this test, a person is guilty of attempt when his
or her conduct is in dangerous proximity to success or when an act is so near
to the result that the danger of success is very great.
· Under the indispensable element test, a suspect who has not yet gained control
over an indispensable instrumentality of the criminal plan cannot be guilty of
attempt.
· Under the unequivocality test, an attempt occurs when a person’s conduct
alone unambiguously manifests his or her criminal intent.
· The substantial step test requires that a suspect must do or omit to do
something that constitutes a substantial step in a course of conduct planned to
culminate in the commission of a substantive offense.
38.
The MPC gives several examples of conduct in your textbook that
would be considered a substantial step toward the commission of a crime. Name
four of these.
Answers could include any of the following:
· Lying in wait, searching for, or following the contemplated
victim of a crime
· Enticing or seeking to entice the contemplated victim of a crime to go to a
place being contemplated for its commission
· Reconnoitering a place being contemplated for the commission of a crime
· Unlawful entry of a structure, vehicle or enclosure in which it is
contemplated that the crime will be committed
· Possession of materials that are to be employed in the commission of the
crime and that are specially designed for such unlawful use or that can serve
no lawful purpose of the actor under the circumstances
· Possession, collection, or fabrication of materials to be employed in the
commission of the crime, at or near the place contemplated for its commission,
if such possession, collection, or fabrication serves no lawful purpose of the
actor under the circumstances
· Soliciting an innocent agent to engage in conduct constituting an element of
the crime
39.
Name three of the four types of impossibility that a defendant
can use as a defense to the crime of attempt.
Answers can include any of the following:
· Factual impossibility
· Legal impossibility
· “Hybrid” legal impossibility
· Genuine legal impossibility or pure legal impossibility
40.
Define abandonment as a defense to the crime of attempt.
Abandonment, also called renunciation by the Model Penal Code
(MPC), is an affirmative defense to the crime of attempt. It exists only if the
defendant voluntarily and completely renounces his or her criminal purpose.
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