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26 Cards in this Set
- Front
- Back
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Accessory Before the fact
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Persons who counsel, procure, or command the principal in the 1st degree to commit a criminal offense, yet who are too far away to have participated in the felonious act.
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Actus Reus
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Evil act; a deed , an act, an offense, or an omission of conduct; the wrongful act which renders one criminally liable if combined with mens rea.
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Causation
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Constituting a substancial factor in bringing about a result.
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General Intent
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Is present when one consciously chooses to do a prohibited act.
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What are the two types of accessories?
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1. Accessory before the fact(by counceling)
2. Accessory after the fact(by relieving or assisting the felon) |
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Mens Rea
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Criminal intent, evil intent, guilty intent.
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Negligence
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The failure to use ordinary care under the particular factual circumstances revealed by the evidence in a lawsuit.
OR Conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. |
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Principal
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The chief or actual perpetrator of a crime.
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Proximate Cause
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Something that produces a result, and without which the result could not have occurred.
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Specific Intent
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Means that the prosecution must show that the person accused purposely intended to violate the law.
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Superseding Intervening Factor
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An act of a 3rd person or other force, by which its intervention, prevents the actor from being liable to another which his or her antecedent negligence is a substancial factor in bringing about.
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Tranferred Intent
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Doctrine holding that if if the defendant shoots or strikes A with the intention to wound or kill him, and unforseeably hits B instead, he is held liable to B for an intentional tort.
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Vicarious Liability
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Substituted or indirect responsibity , e.g., the responsibilty of an employer for the torts committed by his employee within the scope of employment.
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What are the principles of criminal liability?
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parties to crimes
the criminal act or omission the criminal state of mind causation concurrence |
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What is the general fromula for criminal liability?
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Act/omission+intent+causation=Crime
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what are the different parties that can be involved in a crime?
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Principals in the 1st degree
Principals in the 2nd degree Accessories before the fact Accessories after the fact |
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Can there be two or more principals in the 1st degree?
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Yes!
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How does a principal in the 1st degree differ from a principal in the 2nd degree?
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A principal in the second degree does not commit the offense personally, but instead encourages the principal in the 1st degree to do it.
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Give an example of someone who might be a principal in the second degree.
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Lookout person
Driver of getaway car |
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Can someone be found guilty of accessory to a crime because they knew a crime was to be committed?
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No. mere knowledge of a crime is insufficient to support a guilty verdict.
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Accessory after the fact
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One who recieves, comforts, or assists another, knowing that the other has committed a felony, in order to hinder the perpetrator's arrest, prosecution, or conviction.
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Susie knows that Robbie killed Jack. She doesnt want robbie to go to prison so she lets him stay in her attic until things cool down. After about a month Robbie pisses susie off and she goes to the police. Can she still be charged with accessory after the fact?
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Yes. The fact that she notified the authorities at a later date does not relieve her of criminal liability for the act committed before the notification.
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What is the formula that must be met before a person can be convicted of a crime?
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Criminal act (actus reus)+Culpability+Concureence of act and state of mind+Causation
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What are the situations in which the failure to act may constiute a breach of legal duty?
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1. Where statutory duty is imposed to care for another
2. One person stands in a certain status or relationship to another 3. Duty arising from contract 4. Failure to care for another when one has assumed the resposibilty for such care |
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Give some examples of a statutory duty which could result in charges due to criminal omission.
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Failure to file tax returns
Failure to report automobile accidents |
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Give an example of when one person stands in a certain status or relationship to another and criminal ommission charges can be brought.
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Parent has opportunity to prevent harm to child but doesnt
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