ANSWERS TO MULTIPLE-CHOICE QUESTIONS

1.   D           The crime of receiving stolen property consists of acquiring stolen property with the knowledge that it was stolen and the intent to permanently deprive the owner thereof. Since Darr did not know that the television was stolen when he acquired possession of it, he cannot be guilty of receiving stolen property. A and C are, therefore, incorrect.The crime of larceny consists of the trespassory taking and carrying off of personal property known to be another’s with the intent to permanently deprive the owner thereof. Since Darr did not know that the television was the property of another when he took it (i.e., received it from Mead), he cannot be guilty of larceny. B and C are, therefore, incorrect.

2.   C         A criminal conspiracy is an agreement to commit a crime and is complete when two or more persons make such an agreement. Although Sam privately decided to assist Tom and John in the commission of a crime, he did not agree with them that he would do so. He is, therefore, not guilty of conspiracy, and C is correct.One who knowingly aids and abets in the commission of a crime is guilty of that crime as an accessory. For this reason, Sam might be guilty of murder. A is incorrect, however, because Sam is charged not with murder but with conspiracy. Some jurisdictions hold that to convict for conspiracy it is necessary to prove an overt act in addition to an agreement to commit a crime. Even in these jurisdictions, however, Sam would not be guilty of conspiracy because he did not agree to commit a crime. B is, therefore, incorrect. Co-conspirators are guilty of the crime of conspiracy when their agreement is made and are not rendered innocent by the withdrawal of one or more of them from the conspiracy. D is incorrect for this reason, and because Sam was never part of the conspiracy in the first place.

3.   A          Murder is the unjustified killing of a human being with malice aforethought. Malice aforethought includes the intent to kill, which means the desire or knowledge that the defendant’s act will bring about the death of another person. Since Tom threw away Vanney’s medicine with the desire that doing so would bring about the death of Vanney and since Vanney died as a result, Vanney was murdered. A criminal conspiracy is an agreement to commit a crime. Since Tom and John agreed to kill Vanney, they were involved in a criminal conspiracy. Co-conspirators are vicariously liable for any crimes committed in furtherance of the conspiracy. Since the murder of Vanney was committed by Tom in furtherance of his agreement with John, John is vicariously liable for it. A is, therefore, correct.Since John did no physical act which enabled Tom to bring about Vanney’s death, he did not aid or abet him in bringing it about. B is, therefore, incorrect. C is incorrect because the principle of vicarious liability as explained above makes it unnecessary for John to physically participate in the commission of the crime with which he is charged. One who effectively withdraws from a conspiracy before its goal is accomplished may avoid vicarious guilt for the substantive crime, although not for the crime of conspiracy. In order for a withdrawal to be effective, however, the withdrawing conspirator must at least do something which places his co-conspirator on notice of his withdrawal. Since John did not do so, he has not effectively withdrawn from the conspiracy, and D is incorrect.

4.   D          In the absence of special circumstances, no person is under a legal duty to render aid to another. Since a failure to act can lead to criminal responsibility only in the face of a duty to act, Watcher’s failure to rescue Susan was not a crime.This is true even though she could have saved Susan without risk to herself, even though she knew that there was no one else who could rescue the child, and even if she was related to Susan. A, B and C are, therefore, incorrect.