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54 Cards in this Set

  • Front
  • Back
PARTICIPANTS WHO ARE INVOLVED AFTER THE COMMISION OF A CRIME ARE GUILTY OF A
SEPARATE, LESS SERIOUS OFFENSE
CRIMINAL LIABILITY IS IMPOSED ON ACCOUMPLICES AND ACCESSORIES BECAUSE THEY
PARTICIPATED IN THE CRIMES
PARTICIPANTS BEFORE AND DURING THE COMMISSION OF CRIMES ARE
GUILTY OF THE CRIME ITSELF
PARTICIPNATS AFTER THE COMMISSION OF CRIMES ARE
SOMETIMES GUILTY OF A SEPARATE, LESS SERIOUS OFFENSE
THE COMMON LAW RULES THAT THE ESTABLISHED FOUR DIFFERENT PARTIES TO A CRIME (principals in the first and second dree and accessories before and after the fact) WERE PROBABLY A REACTION TO
THE FACT THAT MOST FELONIES WERE CAPITAL OFFENSES
WHICH LIABILITY HAS TO BE CREATED BY STATUTES
VICARIOUS LIABILITY
PARTICIPANTS AFTER CRIMES ARE COMMITTED ARE KNOW AS
ACCESSORES
WHICH OF THE FOLLOWING CASES INVOLVES THE MERE PRESENCE RULE
BAILEY V US
AN AGREEMENT TO COMMIT A CRIME IS A
CONSIPRACY
WHAT IS THE NAME OF THE RULE THAT THE CONSPIRACY TO COMMIT THE CRIME AND THE CRIME COMMITTED AS A RESULT OF THE CONSPIRACY ARE DIFFERENT OFFENSES
THE PINKERTON RULE
ACCORDING TO WHAT RULE IS EVEN PRESENCE AT THE SCENE OF A CRIME FOLLOWED BY FLIGHT NOT ENOUGH ACTION TO SATISFY THE ACTUS REUS REQUIREMENT OF A CCOMPLICE LIABILITY
THE MERE PRESENCE RULE
IF THEY ENCOURAGE AND APPROVE THE COMMISSION OF A CRIME, WORDS CAN AMOUNT TO
ACCOMPLICE ACTUS REUS
IN GENERAL, MERELY BEIN PRESENT AT THE SCENE OF A CRIME
IS NOT SUFFICEIENT TO CREATE ACCOMPLICE LIABILITY
MERE PRESENCE OF THE DEFENDANT AT THE SCENE OF A CRIME MAY CREATE ACCOMPLICE LIABILITY
THE DEFENDAT HAS A DUTY TO PREVENT THE CRIME AND FAILS TO PREVENT OR ATTEMPT TO PREVENT IT
WHICH OF THE OLLOWING CASES INVOLVES BEING AN ACCESSORY AFTER THE FACT
STATE V CHISM
VICARIOUS LIABILITY TRANSFERS THE ATUS REUS AND THE MENS REA OF ONE PERSON TO ANOTHER PERSON OR FROM ONE OR MORE PERSONS TO AN ENTERPRICE BECAUSE OF THEIR
RELATIONSHIP
WHAT DRAMATICALLY CHANGED THE NATURE OF CORPORATIONS FROM GOVERMENT ENTITIES CRONTROLLED BY GIVERMENT TO PRIVATE BUSINESS OPERATED BY INTERNAL MANAGEMENT
THE INDUSTRIAL REVOLUTION
WHAT WAS THE COURTS RATIONALE FOR EXTENDING VICARIOUS LIABILITY BY THE DOCTRINE OF RESPONDEAT SUPERIOR
THE HISTORY OF THE TIMES
WHICH OF THE FOLLOWING CSES INVOLVED ENRON AN AN ACCOUNTING FIRM THAT WAS CONVICTED OF OBSTRUCTING THE SECURITIES AND EXCHANGE COMMISSION
US V ARTHUR ANDERSEN, LLP 2004
COURT DECISION HAVE MADE THE MENS REA ELEMENT OF ACCOMPLICE LIABILITY
confusing some courts have required only that the accomplice know they are facilitating a crime and other courts require both knowledge and a desire for the crime to occur
WHAT TYPE OF LIABILITY ESTABLISHS WHEN YOU CAN BE CRIMINALLY LIABLE FOR SOMEONE ELSES CONDUCT
COMPLICITY
WHAT TYPE OF LIABILITY ESTABLISHES WHEN A PARTY CAN BE CRIMINALLY LIABLE BECAUSE OF A RELATIONSHIP
VICARIOUS
UNDER THE COMMON LAW, ACCESSORIES AFTER THE FACT WERE
punished in the same manner as the person who committed the crime
MODERN ACCESSORY AFTER THE FACT STATUTES TYPICALLY HAVE HOW MANY MENS REA ELEMENTS
2
WHAT ARE THE 2 PARTIES TO CRIME THAT EXIST TODAY
accomplices participants and accessories participants
MOST VICARIOUS LIABILITY INVOLVES WHICH OF THE FOLLOWING RELATIONSHIPS
BUSINESS
LIABILITY BASED ON OWNERSHIP OR OPERATION OF A BUSINESS MAY BE SPECIFICALLY IMPOSED BY
STATUTE
ACCESSORY TO CRIME IS A SEPARATE OFFENSE USUALLY A
MISDEMEANOR
PURPOSELY ACTING AND WANTING A CRIME TO SUCCEED CLEARLY QUALIFIES AS ACCOMPLICE
MENS REA
WHAT TRANSFERS THE ACTUS REUS AND MENS REA OF AN EMPLOYEE TO THE EMPLOYER
VICARIOUS LIABILITY
CRIMINAL LIABILITY OF CORPORATIONS IS A FORM OF WHAT KIND OF LIABILITY
VICARIOUS
VICARIOUS LIABILITY FOR ANOTHERS CRIME IS
CREATED BY STATUTE
VICARIOUS LIABILITY CAN APPLY EITHER TO ENTERPRISES OR TO
INDIVIDUALS
PARENTS RESPONSIBLILITY STATUTUES ARE BASED ON PARENTS ACTS AND
OMISSIONS
VICARIOUS LIABILITY STATUTES GREW OUT OF PUBLIC FEAR FRUSTATION AND ANGER OVER JUVENILE VIOLENCE AND PARENTS
FAILURE TO CONTROL THEIR KIDS
AT COMMON LAW THERE WERE FOUR PARTIES TO CRIME
T
COMPLICITY ESTABLISHED WHEN YOU CAN BE CRIMINALLY LIABLE FOR SOMEONE ELSES CONDUCT
T
VICARIOUS LIABILITY IS BASED ON RELATIONSHIPS
T
V ICARIOUS LIABILITY TRANSFERS THE CRIMINAL CONDUCT OF ONE PARTY TO ANOTHER BECAUSE OF THEIR RELATIONSHIP
T
THE PINKERTON RULE STATES THAT THE CRIME OF CONSPIRACY AND THE CRIME THE CONSPIRATORS ACTUALLY COMMIT AS A RESULT OF THEIR CONSPIRACY ARE SEPARATE OFFENSES
T
VICARIOUS LIABILITY HAS TO BE CREATED BY STATUES
T
MERE PRESENCE AT THE SCENE OF A CRIME INST ENOUGH TO SATISFY THE ACCOMPLICE ACTUS REUS REQUIREMENTS
T
FLIGHT FROM THE SCENE OF A CRIME IS ENOUGH EVIDENCE TO CONVICT A PERSON OF A CRIME OR OF BEING AN ACCOMPLICE
F
EVEN IN SITUATIONS WHERE THE DEFENDANT HAS A LEGAL DUTY TO ACT, HIS OR HER MERE PRESENCE AT THE SCENE OF A CRIME IS NOT ENOUGH TO AMOUNT TO ACCOMPLICE ACTUS REUS
F
EARLY COURT DECISION RULED THAT KNOWINGLY HELPING SOMEONE WAS ENOUGH TO PROVE THE MENTAL ELEMTN REQUIRED FOR ACCOMPLICE LIABILITY
T
IN US V PEONI THE COURT RULED THAT ACCOMPLICE LIABILITY ALSO REQUIRES PROOF OF INTENT THAT THE OFFENDER COMMITTED THE CRIME
T
UNDER MODERN ACCESSORY AFTER THE FACT STATUES THE OFFENDER IS PUNISHED AS SEVERLY AS THE OFFENDER WHO COMMITTED THE CRIME
F
VICARIOUS LIABIITY TRANSFERS THE ACTUS REUS AND MENS REA OF ONE PATY TO ANOTHER BAWED ON THEIR RELATIONSHIP
T
ITS USUALLY EASY TO DETERMINE WHO IN A CORPORATION IS RESPONSIBLE FOR CORPORATE CRIMES
F
MOST ACCESSORY AFTER THE FACT STATUES HAVE FOUR ELEMENTS
T
CORPORATIONS CAN BE VICARIOUSLY LIABLE FOR THE CRIMINAL ACTS OF THEIR EMPLOYEES.
T
CRIMINOLOGIST EDWARD SUTHERLAND INTRODUCED US TO THE WHITE COLLAR CRIMINAL
T
VICARIOUS LIABILITY FOR ANOTHERS CRIMINAL CONDUCT HAS BEEN CREATED BY JUDICIAL DECISION
F
TRADITIONAL PARENTAL RESPONSIBILITY LAWS ARE THE SAME AS VICARIOUS LIABILITY
F