criminal law test 3

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whats the word for: when an actor is liable for someone else's conduct

complicity

whats the word for: when the relationship between two parties makes one party criminally liable for another party's conduct

vicarious liability

complicity applies criminal liability to _____ and _____ because they participate in the crimes

accomplices accessories

____ _____ transfers the criminal conduct of one party to another because of their relationship

vicarious liability

by far the most common relationships are ____ relationships, such as e____-e____, c____-manager, b_____-seller ; but vicarious liability can also arise in other situations such as making the owner of a car liable for the drivers traffic tickets

business employer employee corporation buyer

at common law, there were four parties to crime:

principals in the first degree and second degree, accessories before and after the fact

under common law the principal in the second degree are like l____ and g____ c___; what is the definition

lookouts getaway cars, persons present when the crime is committed and who help commit it

under common law accessories before the fact for example is someone who ______...; what's the definition

provides a weapon in a murder, person not present when the crime is committed but who helped before the crime was committed

under common law accessories after the fact for example is someone who ______....; what's the definition

harbors a fugitive, persons who help after the crime is committed

the distinctions between parties use to be important because of the common law rule that the government _____ try _____ until ______ in the _____ degree were convicted; this ban on trying accomplices were convicted applied even if there was absolute _____ of ____; probably because all ____ were capital offenses

accomplices principals first proof guilt felonies

today there are two parties to a crime:

accomplices and accessories

what is: participants before and during the commission of crimes

accomplices

what is: participants after crimes are committed

accessories

all accomplices are prosecuted for the _____ _____: accomplices to murder are prosecuted as _____

crime itself murderers

the punishment for being an accomplice is ___ ____ for the person who actually committed the crime

the same

participation after crimes are committed (accessory liability) is prosecuted as a ____ ____ ____

separate minor offense

accessories are punished for ______, a much less serious offense because accessories are looked at as ____ of justice, not as _____

misdemeanors obstructors felons

what is: an agreement to commit some other crime

conspiracy

a conspiracy to commit murder ___ a murder

isn't

the rule that the crime of conspiracy and the crime the conspirators agree to commit are separate offenses is called the ...

pinkerton rule

the pinkerton rule comes from the court case pinkerton vs Us, what was the final ruling on the case; this shows that conspiracy is a completely separate crime

the two brothers were charged with conspiracy to evade taxes and tax evasion

according the the ____ ___ rule, even presence at the scene of a crime followed by flight is not enough action to satisfy the actus reus requirement of accomplice liability

mere presence

there is one major exception to the mere presence rule:

when defendants have a legal duty to act

at common law, accessories after the fact were punished like ____; that is they, were treated as if they ___ committed the crime

accomplices had

sometimes the misdemeanors for accessories are even called "o____ j____" or "i_____ with p____" and "aiding in e____

obstructing justice interfering prosecution escape

most accessory after the fact statutes have four elements, which includes one _____, ___ mens rea and ___ circumstance element

actus reus 2 1

most accessory after the fact statutes have four elements: what are they

they aided the person who committed the crime, they knew the felony was committed, they aided the felon for the purpose of hindering the prosecution of that person, someone besides the accessory actually committed a felony

who introduced us to the white collar crime

edward sutherland

____-___ is the best model to make sure that corporations are meeting their obligations to shareholders and the public

self regulation

what is a latin phrase for "let the master answer"

respondeat superior

according to ___ _____, corporate employee's acts are imputed to the corporation

respondeat superior

in the New York Central and Hudson River Railroad company v US, what happened and what was the end result after the appeal

the two companies made a deal to have a different charge that what congress set, for their trade, they got caught and charged based on respondeat superior, they appealed but the charge was affirmed

in the case of Us v arthur andersen, LLP, why was he originally charged

he was said to have withheld important documents and ordered a mass destruction of documents to keep them from the hands of the SEC

in the case of Us v arthur andersen, LLP, andersen was convicted of ____ ____ under what has come to be known as the ____ _____ prong

obstructing justice corrupt persuasion

what is this called, and what case does it relate to: whoever knowingly uses intimidation, threatens, etc. or engages in misleading conduct, with the intent to a- withhold a record or a document from an official proceeding b- alter or destroy an object with intent to impair the object's integrity or availability for use in an official proceeding, shall be fined or imprisoned mot more than ten years or both

obstructing justice Us v arthur andersen, LLP

in the Us v arthur andersen, LLP case the jury could convict andersen only if it found that andersen intended to s____, u___ or i____ the fact finding ability of an official proceeding. and didn't care an their ignorance of the law, so they ____ the conviction

subvert undermine impede affirmed

in State v Tomaino what was this owner originally charged with before he appealed

distributing matter from his adult video store to juveniles

in State v Tomaino he was found guilty on only one charge, what was it

disseminating material harmful to juveniles

in State v Tomaino was the charge remanded or affirmed and why

remanded that the disseminating material harmful to juveniles statute requires personal action by a defendant and does not include vicarious liability

what is this law called: when parents fail to supervise or control their children, they can be liable

parent responsibility laws

parent responsibility statutes are based on parents ___ and ___; vicarious liability statutes are based on the ___ ___ ______

acts omissions parent child relationship

in ____ v____ the new hampshire supreme court dealt with a state statute making parents liable for their children's illegal snowmobile driving

state akers

in state v akers.... the state has to show that the parent ____ performed or omitted to perform an act such as participating in the minor's conduct or negligently allowing his minor to operate the snow mobile

voluntarily

what is the one core idea of accomplice actus reus

some positive act in the aid of the commissions of the offense

_____ acting and wanting a crime to succeed clearly qualifies as accomplice mens rea; ____, ____, and ____ helping someone who is going to commit can under some circumstances satisfy the mens rea too

purposely knowingly recklessly negligently

accessory to a crime is a separate offense, usually a ____

misdemeanor

what are serious crimes that include causing a criminal harm in addition to the conduct itself, for example, criminal homicide.

result crimes

In State v. Ulvinen, the defendant was not found liable as either an accomplice or an accessory because

she was the defendant's mother, and the statute excluded parents from liability.

The mens rea required for accomplice liability is

very complex, and the Supreme Court has reached different results as to what is required.

Which of the following cannot be the basis of accomplice liability
a. defendants had a legal duty to act but failed to do so.
b. there is no agreement to commit the crime.
c. there is no vicarious liability.
d. defendants knew that another was in the process of committing the crime.

a

Almost all vicarious liability statutes involve what kind of a relationship

an employer-employee relationship.

________ applies criminal liability to accomplices and accessories because they participate in the crime.

complicity

Which of the following is NOT a name for the earlier common law offense of accessory-after-the-fact?

a. Strict Liability
b. Vicarious liability
c. Corporate Liability
d. Complicity

b

Which of the following is INCORRECT concerning liability for accessories?

a. Accomplice actus reus stems from the act of aiding in the commission of a crime.
b. Accomplices are responsible for and guilty of the underlying crime to the same extent.
c. Accomplices are individuals who assist either before the crime is committed or during the crime.
d. Accomplice liability and conspiracy liability are the same thing.

d

In Bailey v. U.S. Bailey was not held responsible for the robbery because of what rule

the mere presence rule

In State v. Chism, involving the cross-dressing defendant and his one-legged uncle, Chism was found
guilty as an....

accessory after the fact for helping his uncle after he had killed the victim.

The case of Commonwealth v. Dunn is an example of the distinction between

mere presence and accessory after the fact liability.

Vicarious corporate liability is determined by examining the relationship between

the corporation and its employees.

Historically, corporations relied on ________ to assure compliance with the law.

self regulation

Corporate criminal law is primarily found in

federal codes

Corporate liability can be inferred from the acts of its officers through the doctrine of

respondeat superior

The Arthur Anderson Corporation was found criminally liable because

its officers and employees shredded documents which were part of an SEC investigation of Enron.

Individual vicarious liability differs from corporate vicarious liability in that:

it concentrates on whether an individual can be liable for the acts of another individual.

Generally, parents are held liable for the behavior of their children through what kind of statutes

responsibility statutes

T/F At common law, accessories after the fact were treated less seriously than accomplices.

false

t/f Under most modern statutes accessories after the fact are generally treated less seriously than accomplices.

true

t/f At common law, accomplices could not be tried for a crime unless and until the principal in the first degree had been successfully prosecuted.

true

t/f Passively standing by while someone commits a crime generally does not constitute accomplice liability.

true

t/f
The case of State v. Ulvinen demonstrates that liability for aiding and abetting the commission of a crime cannot be inferred from the fact that a person assisted another after the crime was committed.

false

what is criminal liability for trying to commit crimes

criminal attempts

what is criminal liability for making agreements to commit crimes

criminal conspiracy

what is criminal liability for trying to get someone else to commit a crime

criminal solicitation

what is the latin phrase for "to begin"

inchoate

___ offenses share two elements 1. the mens rea of ____ or specific intent and 2. the actus reus of taking some steps toward accomplishing the crime- but not enough steps to complete the intended crime

inchoate purpose

referring to inchoate crimes, the model penal code calls them

offenses of general application

the doctrine of inchoate crimes reflects the widely held belief that an ounce of ____ is worth a pound of ___

prevention cure

t/f the english common law courts had created a full fledged law of attempt and believed you should be punished for trying to commit a crime

true

under common law it said: all attempts whatever to commit indictable offenses whether felonies or misdemeanors are ____, unless by some special statutory enactment they are subjected to special punishment

misdemeanors

the ____ ____ rationale looks at how close defendants came to completing their crimes

dangerous act

the __ ___ rationale concentrates on how fully defendants have developed their criminal purpose

dangerous person

the dangerous act rationale aims at p_____ harm from dangerous c___

preventing conduct

the dangerous person rationale aims at _____ dangerous people,

neutralizing

attempt is a crime of ____

purpose

there has to be ___ intent for attempt to exist

specific

what happened and what was the original charge and the appealed conviction in the people v kimball case

kimball was wasted and on lithium he went to a convenience store and asked the clerk for all the money, but he eventually said never-mind you are too pretty and he eventually left, the original conviction was attempted unarmed robbery, however it was reversed and remanded because the defendant was not allowed to prove that he voluntarily abandoned his attempt

if you get a gun, load it, get in your car, drive to your boyfriends house, shoot the gun, but you are shaking so bad you miss- this equals attempt and also what rule

last proximate act rule

____ means that your acts brought you as close as possible to completing the crime

proximate

how close to completing a crime is close enough to satisfy the criminal act requirement of attempt actus reus- the general answer is somewhere between _____ and the ___ ____ act

preparation last proximate

____ tests focus on dangerous conduct, they look at what remains for actors to do before they hurt society by completing the crime

proximate

other tests focus on dangerous ___, they look at what actors have already done to demonstrate that they are a danger to society

people

what is the latin phrase of unequivocally

res ipsa loquiter

the dangerous proximity to success test focuses on what actors __ have to do to carry out their purpose to commit crimes, not on what they ____ done to commit them

still have

the ____ element test asks whether defendants have reached a point where they have gotten control of everything they need to complete the crime

indispensable

what is the latin phrase for "the act speaks for itself"

res ipsa loquiter

the ____ test examines whether an ordinary person who saw the defendant's acts without knowing her intent would believe she was determined to commit the intended crime

unequivocality test

the ____ ____ test focuses on how far defendants have gone; it determines if the defendants have gone far enough toward completing the crime that it's unlikely they will turn back

probable desistance

the modal penal code's substantial steps test is also called the?

MPC TEST

the MPC test was designed to accomplish three important goals: 1. replace the proximity and ____ tests with a clearer and easier to understand and apply test 2. draw more sharply the line between ____ and beginning to attempt a crime 3. base the law of attempt firmly on the theory of _____ dangerous persons, not just on _____ dangerous conduct

unequivocality preparation neutralizing preventing

the MPC'S attempt actus reus includes two elements: _____ s____ toward completing the crime; and steps that srongly c____ the actor's criminal p_____.

substantial steps corroborate purpose

the MPC code lists seven acts that can amount to substantial steps if they strongly corroborate the actor's criminal purpose to commit the intended crime 1. l___ in wait, s___ for, or f____ the contemplated victim 2. e____ or seeking to e___ the victim to go to the place contemplated for its commission

lying searching following enticing entice

the MPC code lists seven acts that can amount to substantial steps if they strongly corroborate the actor's criminal purpose to commit the intended crime 3. reconnoitering or c____ the place contemplated for the commission of the crime 4. unlawful e___ of a structure, v___ or enclosure in which it is contemplated that the crime will be committed

casing entry vehicle

the MPC code lists seven acts that can amount to substantial steps if they strongly corroborate the actor's criminal purpose to commit the intended crime 5. possession of m____ to be employed in the crime specially designed for such unlawful use, or have no lawful purpose of the actor under the circumstance

materials

the MPC code lists seven acts that can amount to substantial steps if they strongly corroborate the actor's criminal purpose to commit the intended crime 6. possession, c____ or f____ of materials to be employed in the commission of a crime, or it serves no lawful purpose of the actor under the circumstance

collection fabricating

the MPC code lists seven acts that can amount to substantial steps if they strongly corroborate the actor's criminal purpose to commit the intended crime 7. s____ an i___ agent to engage in conduct constituting an element of the crime

soliciting innocent

e___ satisfies the actus reus of criminal attempt- because it clearly demonstrates the intent to commit a crime

enticement

reconnoitering is popularly called

casing a joint

reconnoitering satisfies attempt actus reus because scouting the scene of a contemplated crime clearly signals the ___ to commit the crime

intent

the unlawful entry provision is particularly useful in two types of cases: entries to commit ___ offenses and entries to ___

sex steal

in ___ states collecting, posessing, or preparing materials used to commit crimes is p____ not a___-

most preparation attempt

concealed weaponse, illegal drugs, burglary tools: under the MPC these can be acts of attempts ONLY if ____

they strongly corroborate a purpose to commit a crime

The MPC provides that bringing weapons equipment and other materials to the scene of a crime ___ qualify as attempt actus reus

can

what statutes are aimed at balancing the degree of threatening behavior and the dangerousness of persons against the remoteness in time and place of the intended harm

preparation offense statutes

in young v state what was the defendant originally charged with

attempted armed robbery

in young v state they found that he performed an ___ act which was more than m___ p____ and was a s___ s____ toward the commission of the intended crime of armed robbery, it follows as a matter of law that he committed the offense of criminal _____

overt mere preparation substantial step attempt

in young v state was the conviction remanded or affirmed

affirmed

in people v rizzo what was the original conviction

attempted robbery

in people v rizzo the conviction was ___; the act or acts must come or advance very ____ to the accomplishment of the intended crime

reversed near

in commonwealth v peaslee did he attempt to commit arson? the court said...

no because a mere collection and preparation of materials in a room, unaccompanied by any present intent to set the fire would be too remote and missing the last act necessary to commit the crime

a ___ ___ occurs when actors intend to commit crimes, and do everything they can to carry out their criminal intent, but the criminal law doesn't ban what they did.

legal impossibility

stabbing a person who you think is alive, but actually dead already is an example of a f____ i_____

factual impossibility

a ___ ___ occurs when actors intend to commit a crime and try to but some fact or circumstance interrupts them to prevent the completion of the crime.

factual impossibility

in state v damms what was the general issue and when it was appealed what was the decision

damms shot his wife but the gun happened to not be loaded, the question here was factual impossibility, the decision was upheld and affirmed

in state v robins what happened and what was the decision

robins enticed who he thought was a child, it wasn't but he was still charged because of factual impossibility

in state v kordas what was the extraneous factor

that the bike was not stolen

a little more than ____ the states and the US gvt accept the affirmative defense of voluntary abandonment to attempt liability

half

what this definition: a change in the actor's purpose not influence by outside circumstances, what may be termed r____ or change of heart. Lack of r___ or timidity may suffice. a reappraisal by the actor of the criminal sanctions hanging over his conduct would presumably be a motivation of the voluntary type as long as the actor's fear of the law is not related to a particular threat of apprehension or detection

repentance resolution

in le barron v state what generally happened and what was the decision

he tried to rape a woman and she was pregnant so he let her go, but the court said that is not a voluntary abandonment, that is an extraneous factor and he would have raped her without that fact

in people v johnson did the agree that he had sufficient evidence to prove he voluntarily abandoned the murder

yes

conspiracy works hand in hand with _____ to nip criminal ___ in the bud

attempts purpose

conspiracy strikes at the special danger of a ___ criminal activity

group

conspiracy is the ______ to commit a crime and some states say also an ___ act in furtherance of the agreement

agreement overt

conspirators ____ put their agreements in writing

rarely

the second act is called the ___ act

overt

why the requirement of an overt act?

to verify the firmness of the agreement

most modern statutes have replaced the traditional definition with a _____ approach that does not require that all conspirators agree- or even know- the other conspirators; for example, if one of the two conspirators secretly has no intention to go through with the agreement, the other conspirator is still a party

unilateral

it shall not be a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired 1. has not been _____ 2. has not been convicted of a ____ offense 3, is not a_____ to justice 4. has been a____ 5. lacked the c____ to commit an offense

convicted different amenable acquitted capacity

in ____ conspiracies, one or more defendants participate in every transaction.

wheel

other participants in only one transaction; they are the ___ in the wheel

spokes

in ___ conspiracies, participants at one end of the chain may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale

chain

___ conspiracies often involve the distribution of some commodity such as illegal drugs

chain

conspiracy is a s ____ i___ crime

specific intent (purpose)

r____ activity includes any act chargeable under state and federal law, including murder, kidnapping, bribery, drug dealing, gambling, theft, extortion, and securities fraud

racketeering

what is: the crime of trying to get someone else to commit a crime

solicitation

in solicitation T/F even the inducement that does not reach its object qualifies

TRUE

solicitation is a s____ i___ crime

specific intent

Unaware that his wife died of natural causes ten minutes ago, Al shoots into the darkened room where her body is lying. Al's intent was to kill his wife. Under these circumstances:
a. Al will be found guilty of attempted murder in spite of raising a factual impossibility defense.
b. Al is guilty of murder.
c. Al will be found not guilty of any crime if he raises a factual impossibility defense.

a

Al jokingly asks Sam to kill his wife, which Sam declines to do. Under these circumstances:
a. Al has committed solicitation to commit murder, but only if he intended for Sam to kill his wife.
b. Al has not committed solicitation to murder, because Sam did not agree to it.
c. Al has committed solicitation to commit murder even though he was just joking and never intended for Sam to kill his wife.

a

Al wants Sam to kill his wife and asks Sam to kill his wife. Sam declines. Under these circumstances:
a. a conspiracy but not a solicitation exists.
b. a solicitation but not a conspiracy exists.
c. a conspiracy exists.

b

The ________ test of attempt actus reus focuses on the conduct (rather than the person) and what has already been done (rather than what is left to do).

physical proximity

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