Cant Attempt An Attempt
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
16105_parking-variance · CRIMINAL · Choice ANot guilty, because Esther committed bribery in the second degree when she agreed to pay John for altering the records, and the attempt merged with that crime.
Why it's attractive
Correctly identifies that Esther committed bribery in the second degree, then invokes merger — real doctrine. But concludes that merger bars conviction for the lesser alone, which misapplies merger. Gold Key GK-CRIMINAL-DJ-MERGER-01: merger bars BOTH, not the lesser alone.
Why it's wrong
Correctly identifies that Esther committed bribery in the second degree, then invokes merger — real doctrine. But concludes that merger bars conviction for the lesser alone, which misapplies merger. Gold Key GK-CRIMINAL-DJ-MERGER-01: merger bars BOTH, not the lesser alone.
16105_parking-variance · CRIMINAL · Choice CNot guilty, because bribery in the second degree is an attempt crime, and there can be no liability for attempting to attempt.
Why it's attractive
Calls bribery in the second degree 'an attempt crime.' The statute defines it as committing an offer — the offer is a completed act, not an attempt. This misstates the statutory definition. Gold Key GK-CRIMINAL-DJ-LIO-01 confirms the completed-crime status.
Why it's wrong
Calls bribery in the second degree 'an attempt crime.' The statute defines it as committing an offer — the offer is a completed act, not an attempt. This misstates the statutory definition. Gold Key GK-CRIMINAL-DJ-LIO-01 confirms the completed-crime status.
16105_parking-variance · CRIMINAL · Choice DNot guilty, because it was John who first solicited the payment.
Why it's attractive
Who initiated the scheme does not determine whether the attempt is a lesser included offense of the completed bribery. D answers a different question than the call poses. Misfit — doctrine not responsive to the call.
Why it's wrong
Who initiated the scheme does not determine whether the attempt is a lesser included offense of the completed bribery. D answers a different question than the call poses. Misfit — doctrine not responsive to the call.
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