Exam 2: Definitions of Crime
The primary criminal agent is known as the accessory.
False
How does Title 18 of the U.S. Code define an accessory after the fact?
Title 18 of the U.S. Code, specifically in Section 3, defines an accessory after the fact to a crime as someone who, knowing that an offense against the United States has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment.
To be considered an accessory after the fact under federal law, a person must have knowledge that the principal engaged in conduct that constituted a criminal offense. The accessory after the fact must then take some action to aid the principal offender with the intent of preventing the offender's capture, prosecution, or punishment.
The statute reads as follows:
"Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact."
It's important to note that being an accessory after the fact is a separate offense from the underlying crime that was committed. The penalties for being an accessory after the fact are typically less severe than those for the principal offense, but they still carry significant legal consequences. The specific punishment can vary depending on the nature of the principal offense and other factors considered by the court.
What are three approaches to defining crime? Explain each.
1. Legalistic approach: This approach defines crime based on the laws and regulations of a particular society. It focuses on behaviors that are prohibited by the legal system and are punishable by law. This approach emphasizes the importance of following the established laws and considers any violation of these laws as a crime.
2. Sociological approach: This approach defines crime by considering the social and cultural factors that influence individuals' behaviors. It takes into account the impact of social structures, economic conditions, and cultural norms on the definition of crime. This approach recognizes that what is considered a crime can vary across different societies and time periods.
3. Psychological approach: This approach defines crime by examining the individual's mental and emotional state. It focuses on understanding the psychological factors that may contribute to criminal behavior, such as personality traits, cognitive processes, and emotional disturbances. This approach emphasizes the role of individual characteristics in shaping criminal behavior.
Each of these approaches offers a different perspective on how crime is defined, highlighting the complex and multifaceted nature of criminal behavior. By considering these different approaches, we can gain a more comprehensive understanding of the factors that contribute to criminal behavior and the ways in which it is defined and addressed in society.
Which of the following are key issues in determining is someone is a principal in a criminal act?
DUI/DWI offenses have shown a tendency towards decriminalization.
Once a crime proceeds beyond the preparatory stage, an accessory's presence at the crime scene, either constructively or actually, then the accessory ceases to be an accessory and evolves into a principal to the crime.
A culpable mental state; one involving intent or knowledge and forming an element of a criminal offense is called
Mala in se offenses are inherently evil or wrong even if not subject to criminalization.
Why are crimes defined as felony and misdemeanors and each are further defined by classification?
Misdemeanors punishments are more commonly diverted from incarceration to alternative dispositions.
An accessory to the commission of a crime provides assistance to the principal
The part of the crime that deals with the action, the movement of the crime itself:
Which of the following crimes constitutes an unlawful taking?
Which of following philosophers\jurist perceived crime as a confrontation with nature itself and bound to lead it perpetrators to a life of misery and corruption?
An offense that is considered evil or wrong from its own nature and devoid of any rational defense is called
Religion has little influence on what is defined as criminal behavior.
Which of the following crimes has been the subject of recent constitutional challenges based on equal protection claims?
The Germans extermination attempts of the Jews during WWII manifest how deviance can be rationalized.
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