Ch7

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PARTICIPANTS WHO ARE INVOLVED AFTER THE COMMISION OF A CRIME ARE GUILTY OF A

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SEPARATE, LESS SERIOUS OFFENSE

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CRIMINAL LIABILITY IS IMPOSED ON ACCOUMPLICES AND ACCESSORIES BECAUSE THEY

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PARTICIPATED IN THE CRIMES

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PARTICIPANTS BEFORE AND DURING THE COMMISSION OF CRIMES ARE

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GUILTY OF THE CRIME ITSELF

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PARTICIPNATS AFTER THE COMMISSION OF CRIMES ARE

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SOMETIMES GUILTY OF A SEPARATE, LESS SERIOUS OFFENSE

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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

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THE FACT THAT MOST FELONIES WERE CAPITAL OFFENSES

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WHICH LIABILITY HAS TO BE CREATED BY STATUTES

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VICARIOUS LIABILITY

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PARTICIPANTS AFTER CRIMES ARE COMMITTED ARE KNOW AS

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ACCESSORES

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WHICH OF THE FOLLOWING CASES INVOLVES THE MERE PRESENCE RULE

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BAILEY V US

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AN AGREEMENT TO COMMIT A CRIME IS A

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CONSIPRACY

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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

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THE PINKERTON RULE

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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

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THE MERE PRESENCE RULE

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IF THEY ENCOURAGE AND APPROVE THE COMMISSION OF A CRIME, WORDS CAN AMOUNT TO

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ACCOMPLICE ACTUS REUS

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IN GENERAL, MERELY BEIN PRESENT AT THE SCENE OF A CRIME

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IS NOT SUFFICEIENT TO CREATE ACCOMPLICE LIABILITY

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MERE PRESENCE OF THE DEFENDANT AT THE SCENE OF A CRIME MAY CREATE ACCOMPLICE LIABILITY

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THE DEFENDAT HAS A DUTY TO PREVENT THE CRIME AND FAILS TO PREVENT OR ATTEMPT TO PREVENT IT

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WHICH OF THE OLLOWING CASES INVOLVES BEING AN ACCESSORY AFTER THE FACT

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STATE V CHISM

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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

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RELATIONSHIP

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WHAT DRAMATICALLY CHANGED THE NATURE OF CORPORATIONS FROM GOVERMENT ENTITIES CRONTROLLED BY GIVERMENT TO PRIVATE BUSINESS OPERATED BY INTERNAL MANAGEMENT

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THE INDUSTRIAL REVOLUTION

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WHAT WAS THE COURTS RATIONALE FOR EXTENDING VICARIOUS LIABILITY BY THE DOCTRINE OF RESPONDEAT SUPERIOR

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THE HISTORY OF THE TIMES

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WHICH OF THE FOLLOWING CSES INVOLVED ENRON AN AN ACCOUNTING FIRM THAT WAS CONVICTED OF OBSTRUCTING THE SECURITIES AND EXCHANGE COMMISSION

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US V ARTHUR ANDERSEN, LLP 2004

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COURT DECISION HAVE MADE THE MENS REA ELEMENT OF ACCOMPLICE LIABILITY

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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

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WHAT TYPE OF LIABILITY ESTABLISHS WHEN YOU CAN BE CRIMINALLY LIABLE FOR SOMEONE ELSES CONDUCT

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COMPLICITY

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WHAT TYPE OF LIABILITY ESTABLISHES WHEN A PARTY CAN BE CRIMINALLY LIABLE BECAUSE OF A RELATIONSHIP

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VICARIOUS

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UNDER THE COMMON LAW, ACCESSORIES AFTER THE FACT WERE

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punished in the same manner as the person who committed the crime

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MODERN ACCESSORY AFTER THE FACT STATUTES TYPICALLY HAVE HOW MANY MENS REA ELEMENTS

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2

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WHAT ARE THE 2 PARTIES TO CRIME THAT EXIST TODAY

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accomplices participants and accessories participants

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MOST VICARIOUS LIABILITY INVOLVES WHICH OF THE FOLLOWING RELATIONSHIPS

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BUSINESS

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LIABILITY BASED ON OWNERSHIP OR OPERATION OF A BUSINESS MAY BE SPECIFICALLY IMPOSED BY

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STATUTE

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ACCESSORY TO CRIME IS A SEPARATE OFFENSE USUALLY A

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MISDEMEANOR

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PURPOSELY ACTING AND WANTING A CRIME TO SUCCEED CLEARLY QUALIFIES AS ACCOMPLICE

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MENS REA

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WHAT TRANSFERS THE ACTUS REUS AND MENS REA OF AN EMPLOYEE TO THE EMPLOYER

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VICARIOUS LIABILITY

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CRIMINAL LIABILITY OF CORPORATIONS IS A FORM OF WHAT KIND OF LIABILITY

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VICARIOUS

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VICARIOUS LIABILITY FOR ANOTHERS CRIME IS

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CREATED BY STATUTE

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VICARIOUS LIABILITY CAN APPLY EITHER TO ENTERPRISES OR TO

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INDIVIDUALS

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PARENTS RESPONSIBLILITY STATUTUES ARE BASED ON PARENTS ACTS AND

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OMISSIONS

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VICARIOUS LIABILITY STATUTES GREW OUT OF PUBLIC FEAR FRUSTATION AND ANGER OVER JUVENILE VIOLENCE AND PARENTS

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FAILURE TO CONTROL THEIR KIDS

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AT COMMON LAW THERE WERE FOUR PARTIES TO CRIME

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T

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COMPLICITY ESTABLISHED WHEN YOU CAN BE CRIMINALLY LIABLE FOR SOMEONE ELSES CONDUCT

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T

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VICARIOUS LIABILITY IS BASED ON RELATIONSHIPS

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T

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V ICARIOUS LIABILITY TRANSFERS THE CRIMINAL CONDUCT OF ONE PARTY TO ANOTHER BECAUSE OF THEIR RELATIONSHIP

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T

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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

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T

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VICARIOUS LIABILITY HAS TO BE CREATED BY STATUES

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T

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MERE PRESENCE AT THE SCENE OF A CRIME INST ENOUGH TO SATISFY THE ACCOMPLICE ACTUS REUS REQUIREMENTS

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T

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FLIGHT FROM THE SCENE OF A CRIME IS ENOUGH EVIDENCE TO CONVICT A PERSON OF A CRIME OR OF BEING AN ACCOMPLICE

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F

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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

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F

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EARLY COURT DECISION RULED THAT KNOWINGLY HELPING SOMEONE WAS ENOUGH TO PROVE THE MENTAL ELEMTN REQUIRED FOR ACCOMPLICE LIABILITY

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T

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IN US V PEONI THE COURT RULED THAT ACCOMPLICE LIABILITY ALSO REQUIRES PROOF OF INTENT THAT THE OFFENDER COMMITTED THE CRIME

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T

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UNDER MODERN ACCESSORY AFTER THE FACT STATUES THE OFFENDER IS PUNISHED AS SEVERLY AS THE OFFENDER WHO COMMITTED THE CRIME

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F

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VICARIOUS LIABIITY TRANSFERS THE ACTUS REUS AND MENS REA OF ONE PATY TO ANOTHER BAWED ON THEIR RELATIONSHIP

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T

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ITS USUALLY EASY TO DETERMINE WHO IN A CORPORATION IS RESPONSIBLE FOR CORPORATE CRIMES

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F

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MOST ACCESSORY AFTER THE FACT STATUES HAVE FOUR ELEMENTS

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T

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CORPORATIONS CAN BE VICARIOUSLY LIABLE FOR THE CRIMINAL ACTS OF THEIR EMPLOYEES.

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T

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CRIMINOLOGIST EDWARD SUTHERLAND INTRODUCED US TO THE WHITE COLLAR CRIMINAL

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T

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VICARIOUS LIABILITY FOR ANOTHERS CRIMINAL CONDUCT HAS BEEN CREATED BY JUDICIAL DECISION

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F

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TRADITIONAL PARENTAL RESPONSIBILITY LAWS ARE THE SAME AS VICARIOUS LIABILITY

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F