Chapter 1: Criminal Acts Overview: What makes acts criminal or unlawful?
Subtopic 1D Quiz: Definitions (What are some constitutional limits of crimes/impossibility?)
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Subtopic 1D Quiz: Definitions (What are some constitutional limits of crimes/impossibility?)
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Question 1
What is “factual impossibility”?
A
the actor is unaware of circumstances that make the commission of his crime impossible
B
the actor doesn’t believe he is committing a crime, but other people believe that he is
C
the actor believes he is committing a crime; however, his actions are not in fact illegal
D
the actor gets someone else to commit the crime for him and takes the credit
E
All of the above.
Question 2
What is “legal impossibility”?
A
the actor is unaware of circumstances that make the commission of his crime impossible
B
the actor doesn’t believe he is committing a crime, but other people believe that he is
C
the actor believes he is committing a crime; however, his actions are not in fact illegal
D
the actor gets someone else to commit the crime for him and takes the credit
E
All of the above.
Question 3
According to the modern trend, which of the following is a valid defense to an attempted crime?
A
Factual impossibility
B
Legal impossibility
C
Actual impossibility
D
Both A and B
E
None of the above
Question 4
John is part of drug dealing circle and is usually responsible for delivering cocaine to “clients”. Unbeknownst to John, his supplier gives John a package full of flour, instead of cocaine and tells him to deliver it to a regular customer. En route to the customer’s home, John is stopped by the police. What, if anything, can John be convicted of?
A
drug distribution
B
attempted drug distribution
C
drug possession
D
both A and C
E
none of the above
Question 4 Explanation:
While it is not illegal to deliver flour, under the modern approach, legal impossibility is not a defense to the attempted commission of a crime. John believed he was delivering drugs and not a legal substance; that is what matters.
Question 5
Jane loves Penny’s charm bracelet and wants to make it hers. One afternoon, Jane watches as Penny puts the charm bracelet into her pocket before gym. While playing basketball, Jane guards Penny and quickly puts her hand down Penny’s pocket to retrieve the bracelet, but because Penny had a hole in her pocket, the bracelet had fallen onto the floor in the locker room. What defense, if any, does Jane have to the charge of theft?
A
Legal impossibility
B
Factual impossibility
C
Actual impossibility
D
Both A and B
E
None of the above
Question 5 Explanation:
Even though Penny tried to steal the bracelet, the factual circumstances made it impossible for her to succeed in committing the crime.
Question 6
Which of the following is an example of legal impossibility?
A
Killing a man who is already dead
B
Stealing from someone who has nothing of value
C
Trespassing on private property
D
Selling drugs to an undercover police officer
E
None of the above
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