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170 terms

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
An essential requirement of the abandonment defense to criminal attempt is that the:
a. defendant be persuaded to change his behavior by the accomplishment of the crime.
b. defendant be persuaded to change his behavior by a voluntary change of heart.
c. defendant be persuaded to change his behavior by an external force.
b
In People v. Kimball the court had to decide:
a. whether Kimball took a substantial step in furtherance of the robbery attempt.
b. whether Kimball did an overt act in furtherance of the robbery attempt.
c. whether Kimball took the money from the convenience store.
d. whether Kimball had the required intent to commit a robbery.
d
d___ a___ is the rationale for attempt law that focuses on how close the defendant came to completing the crime
dangerous act
Which of the following is NOT covered by the Model Penal Code's approach to the actus reus of attempt?
a. "Casing" a place in preparation for a hold-up.
b. Possession of a map of the general vicinity of the place to be held up.
c. Lying in wait for a victim.
b
The case of Young v. State involving the defendant's approach of a Maryland bank while wearing a stocking cap over his head, examines:
a. the application of the Model Penal Code (substantial step) test.
b. the application of the mere preparation step test.
c. the application of the physical proximity test.
a
In U.S. v. Garcia the court held that:
a. a general agreement to support a fellow gang member in fights is sufficient to form the specific agreement needed for a conspiracy.
b. there was sufficient evidence to show that Garcia had shot one of the four victims, thus there was no need to prove the existence of a conspiracy.
c. gang affiliation, by itself, can't form the basis of an agreement for the charge of conspiracy.
c
Which of the following is NOT one of the ways society has dealt with the dilemma of not wanting to punish people for what they have not yet done, but yet at the same time wanting to prevent crime?
a. Punishing inchoate offenses less severely than the underlying crime.
b. Requiring the state prove the specific intent to commit the underlying crime or cause harm.
c. Requiring the state prove inchoate crimes by a higher standard of persuasion than completed crimes.
c
In most states collecting, possessing or preparing materials used to commit a crime is:
a. conspiracy.
b. a completed crime.
c. preparation but not attempt.
c
Factual impossibility occurs when ________ prevents a person from completing a crime.
a. statutory omission
b. voluntary abandonment
c. a superceding cause
d. an extraneous factor
d
Legal impossibilities are complete defenses due to the:
a. ex post facto ban.
b. attempt actus reus requirement.
c. due process of law requirement.
d. principle of legality.
d
Al decides to rob a bank. He arrives at the bank with his demand note in hand, walks in and just as he is about to hand the teller the note, he notices the bank lobby is full of uniformed police officers (on their lunch break and depositing their monthly paycheck). Al decides not to continue with his plans.
a. Al should not be convicted of attempted bank robbery because he abandoned his plan.
b. Al should be convicted of completed bank robbery because his criminal acts and criminal intent occurred in concurrence.
c. Al should not be convicted of attempted bank robbery because his acts were ones of mere preparation.
d. Al should be convicted of attempted bank robbery because an outside circumstance rather than change of heart influenced his decision to not proceed.
d
In some states, the verbal agreement to commit a crime is not sufficient to constitute a conspiracy. Those states require:
a. some physical evidence supporting the fact of the agreement.
b. a witness to their agreement.
c. a written contract by the parties indicating their intent to commit the crime.
d. some overt act in furtherance of the crime which was agreed to by the conspirators.
d
Which of the following best describes conspiracy mens rea?
a. It requires that all parties to the conspiracy intend the same result.
b. It requires that all the parties to the conspiracy intend to commit the exact same crime.
c. It is consistent over the jurisdictions and requires specific intent.
d. It varies among the jurisdictions and courts are unclear what must be specifically intended.
d
In a conversation with Sam, undercover agent Al says words to Sam that indicate his agreement to participate in a drive by shooting of a rival gang member, but in fact, Al is only making those statements in his attempt to infiltrate the gang. Which of the following statements is true?
a. Sam cannot be guilty of conspiracy under the unilateral approach to conspiracy because Al doesn't really agree to the killing.
b. Sam is nevertheless guilty of conspiracy under the unilateral approach because he thought there was an agreement.
c. Sam is guilty of conspiracy under the traditional approach because there was an agreement.
b
George strikes out at Frank in anger intending to hit him. Frank ducks and is not hit. The strictest rule of attempt actus reus that George could be said to have met is:
a. the proximity test.
b. the dangerous proximity to success test.
c. last proximate act rule or "all but the last act" rule.
c
Which of the following was NOT a goal of the MPC in establishing the substantial steps test of attempt actus reus?
a. To differentiate more clearly the line between preparation and beginning of attempt to commit the crime.
b. To replace the proximity and unquivocality test.
c. To establish the most minimal of actus reus requirement possible for criminal liability.
c
T/F The mens rea requirement for conspiracy at common law was the specific intent to engage in the predicate crime.
FALSE
T/F In order for a conspiracy to exist, all parties to the conspiracy must have a meeting of the minds with all other parties to the conspiracy.
FALSE
T/F Significant variations in conspiracy laws exist regarding what constitutes the actus reus and mens rea of a conspiracy.
TRUE
T/F Charges which encompass racketeering offenses are fairly limited in scope and concern those crimes only closely related to the criminal syndicate.
FALSE
T/F In State v. Cotton the court upheld the defendant's conviction for solicitation because the solicitation occurred when he wrote and attempted to send the letters and did not require that his wife receive them.
FALSE