blong4133 wrote:Can someone explain this distinction here between these two questions. I did set 9 in the mixed set book and came across two questions that seem to contradict one another in the answers. Question 12 and question 50.
In question 12, there was a hunter and his nephew who were on their way to a hunting trip to hunt grizzly bears. Unbeknownst to the them, hunting season had ended the day before, and were pulled over while on their way to their hunting spot. The hunter admitted that they were going grizzly hunting, and according to the answer, they were guilty of conspiracy because they intended to go hunt grizzly bears and their lack of knowledge about the season being over is irrelevant.
Compare that with question 50, in which you have a man and a woman who decide to get married. The woman doesn't know that the man is still legally married to someone else, and bigamy is a strict liability offense in the state. But according to the answer to this question, the woman is not guilty of conspiracy because she didn't know he was married and therefore could not agree to commit bigamy.
To me, these seem to be completely contradictory to one another. In one, you have two people who agree to hunt grizzly bears (which is illegal at the time, and are unaware that bear season had passed) and they are guilty of conspiracy. Then on the other hand, you have a wife and a man who agree to marry, and the woman is unaware that he is married, and she's not guilty of conspiracy. You have two situations, both of which involve people agreeing to commit an act that turns out to be illegal contrary to their belief, and one answer says lack of knowledge of the illegality is irrelevant, the other says it prevents a conviction.
Can someone explain this to me?
I'm too tired to look these up but was the hunting a specific intent crime? General intent? Its possible these are just horrible examples.
Edit: I tried to look these up after all but my question 12 isn't the same as yours...was that also in set 9?
Judging by the answer to 50, the distinction is in what they were going to do. In the hunting, the agreement was to go hunting. In the bigamy, the agreement was to get married...not to commit bigamy.