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26 Cards in this Set

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Accessory Before the fact
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.
Actus Reus
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.
Constituting a substancial factor in bringing about a result.
General Intent
Is present when one consciously chooses to do a prohibited act.
What are the two types of accessories?
1. Accessory before the fact(by counceling)
2. Accessory after the fact(by relieving or assisting the felon)
Mens Rea
Criminal intent, evil intent, guilty intent.
The failure to use ordinary care under the particular factual circumstances revealed by the evidence in a lawsuit.
Conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm.
The chief or actual perpetrator of a crime.
Proximate Cause
Something that produces a result, and without which the result could not have occurred.
Specific Intent
Means that the prosecution must show that the person accused purposely intended to violate the law.
Superseding Intervening Factor
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.
Tranferred Intent
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.
Vicarious Liability
Substituted or indirect responsibity , e.g., the responsibilty of an employer for the torts committed by his employee within the scope of employment.
What are the principles of criminal liability?
parties to crimes
the criminal act or omission
the criminal state of mind
What is the general fromula for criminal liability?
what are the different parties that can be involved in a crime?
Principals in the 1st degree
Principals in the 2nd degree
Accessories before the fact
Accessories after the fact
Can there be two or more principals in the 1st degree?
How does a principal in the 1st degree differ from a principal in the 2nd degree?
A principal in the second degree does not commit the offense personally, but instead encourages the principal in the 1st degree to do it.
Give an example of someone who might be a principal in the second degree.
Lookout person
Driver of getaway car
Can someone be found guilty of accessory to a crime because they knew a crime was to be committed?
No. mere knowledge of a crime is insufficient to support a guilty verdict.
Accessory after the fact
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.
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?
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.
What is the formula that must be met before a person can be convicted of a crime?
Criminal act (actus reus)+Culpability+Concureence of act and state of mind+Causation
What are the situations in which the failure to act may constiute a breach of legal duty?
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
Give some examples of a statutory duty which could result in charges due to criminal omission.
Failure to file tax returns
Failure to report automobile accidents
Give an example of when one person stands in a certain status or relationship to another and criminal ommission charges can be brought.
Parent has opportunity to prevent harm to child but doesnt