Bar Exam Uniform Quiz
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CRIMINAL LAW AND CONSTITUTIONAL PROTECTIONS
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Two men working at a loading dock observe their supervisor regularly leaving a valuable shipment of electronics unattended for a few minutes each day. Without speaking a word, one man makes eye contact with the other and gestures toward the shipment. The second man nods. The first man then distracts the supervisor while the second man takes a box of the electronics and hides it. They are later caught and charged with conspiracy to commit theft.
The second man argues he cannot be convicted of conspiracy because there was no explicit, spoken agreement to commit the crime. Is this argument likely to succeed? Select one.
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