Deck 6: Parties to Crime and Vicarious Liability

Question 1

A ______ may be held vicariously liable under a statute where there is a legislative intent to impose vicarious liability for the act of an employee or corporate agent.

A) corporation
B) school
C) elected official
D) government

Answer 1

A

Question 2

______ offense punishes individuals who frustrate the arrest, prosecution, or conviction of individuals who have committed felonies as well as misdemeanors.

A) Obstruction of justice
B) Accessoryship
C) Hindering prosecution
D) Respondent superior

Answer 2

C

Question 3

______ means that unless you present evidence that you were not responsible, you are presumed liable for a traffic ticket.

A) Prima reus
B) Promo facie
C) Prima facie
D) Promo reus

Answer 3

C

Question 4

______ liability holds individuals responsible who affirmatively aid and abet a criminal act with a purposeful intent.

A) Vicarious
B) Accomplice
C) Partner
D) Independent

Question 5

______ are individuals who, knowing that a crime has been committed, assisted the perpetrators.

A) Principals in the first degree
B) Principals in the second degree
C) Accessories before the fact
D) Accessories after the fact

Question 6

The ______ rule provides that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability.

A) bystander
B) observer
C) mere presence
D) mere passerby

Question 7

An accomplice to an offense can be held as an accomplice for acts that are ______ outcomes of the original offense.

A) natural and probable
B) planned and purposeful
C) foreseeable and intentional
D) predictable

Question 8

______ is the perpetrator of the crime.

A) Principal in the first degree
B) Principal before the fact
C) Accessory in the first degree
D) Accessory before the fact

Question 9

______ are actually present and carried out the crime.

A) Principals
B) Accessories
C) Accomplices
D) Parties

Question 10

______ liability imposes liability on an individual for a criminal act committed by another.

A) Vicarious
B) Accomplice
C) Partner
D) Independent

Question 11

______ assist those who are present and carry out the crime.

A) Principals
B) Accessories
C) Parties
D) Accomplices

Question 12

______ are individuals who help in preparing the crime.

A) Principals in the first degree
B) Principals in the second degree
C) Accessories before the fact
D) Accessories after the fact

Question 13

______ laws hold adults liable for providing liquor in their home to minors.

A) Parental responsibility
B) Teen party ordinances
C) Social host liability
D) Strict liability

Question 14

______ declare that it is criminal for an adult to host a party for minors where alcohol is served.

A) Parental responsibility laws
B) Teen party ordinances
C) Social host liability
D) Strict liability

Question 15

All of the following are considered elements of accessories after the fact EXCEPT ______.

A) commission of a felony
B) knowledge
C) purpose
D) affirmative act

Question 16

The ______ of accomplice liability is satisfied by even a relatively insignificant degree of material or psychological assistance.

A) actus reus
B) mens rea
C) nature
D) crime

Question 17

The ______ rule provides that a conspiracy to commit a crime and the crime itself are separate and distinct crimes.

A) principal
B) accessory
C) criminal complicity
D) Pinkerton

Question 18

The common law divided the participants in a crime into ______ and ______.

A) principals, accomplices
B) principals, accessories
C) principals, aides
D) aides, accessories

Question 19

The ______ doctrine provides that a person encouraging or facilitating the commission of a crime will be held liable as an accomplice for the crime he or she aided and abetted as well as for the crimes that are a likely and feasible outcome of the criminal conduct.

A) Pinkerton
B) purposive consequence
C) natural and probable consequence
D) criminal complicity

Question 20

______ are required to be either physically or constructively present at the crime scene.

A) Principals in the first degree
B) Principals in the second degree
C) Accessories before the fact
D) Accessories after the fact

Question 21

The mens rea of accomplice liability requires the dual intents of ______ and ______.

A) the intent to assist the primary party; the intent to prevent prosecution
B) the intent to prepare for the commission of a crime; the intent to prevent prosecution
C) the intent to prepare for the commission of a crime; the intent that the primary party commit the offense
D) the intent to assist the primary party; the intent that the primary party commit the offense

Question 22

All of the following individuals would be capable of being charged as an accessory after the fact with common law EXCEPT ______.

A) a brother
B) a doctor
C) a wife
D) a clergyman

Question 23

Vicarious liability imposes liability on an individual in what circumstance?

A) when a criminal act is committed by another.
B) when the duty to intervene exists.
C) when the individual has constructive possession
D) as required by the appropriate statutory scheme

Question 24

Juan was a high-ranking member of the gangster disciples who was imprisoned in a maximum security federal facility. He regularly calls lower ranking members and instructs them to do his bidding on the street. Juan recently called a member and instructed him to do a drive by shooting at the home of a fellow member who has been associating with a rival gang. What theory will extend criminal liability to Juan?

A) accomplice liability
B) principal liability
C) derivative liability
D) accessory liability

Question 25

Which is a feature of the modern view of accessories after the fact?

A) Spouses are no longer prosecuted.
B) Spouses are no longer immune from prosecution.
C) Accessories after the fact are treated as harshly as the perpetrator.
D) Accessories are charged with felonies.

Question 26

Does the natural and probable consequences doctrine does apply if the defendant would not have participated in the criminal act had he known what events would unfold during the commission of the crime?

A) No, the defendant must intend to commit any criminal act with which he is charged.
B) No, the natural and probable consequences doctrine is not used in modern courts.
C) Yes, providing the events were reasonably foreseeable in light of the criminal act.
D) Yes, providing the original crime was violent in nature.

Question 27

Both principals and accessories were punishable as felons under what?

A) common law
B) Model Penal Code
C) U.S. Constitution
D) judicial decision making

Question 28

Which legal concept holds parties liable for criminal conduct based on their relationship to the perpetrator of a crime?

A) accomplice liability
B) vicarious liability
C) strict liability
D) accessory liability

Question 29

Dante recently bought a new Mustang GT. He loves his car. His little brother just turned 16 and hasn't saved up enough money to buy a car of his own yet. The brother asks Dante to borrow the car. Dante agrees but insists on riding along to make sure everything goes smoothly. Dante sleeps in the passenger seat as his brother runs his errands. They stop at the grocery store and the brother walks out without paying for his entire cart full of groceries. The store employees are unable to stop the brother but they do get the license plate of the mustang as it pulls away. Will Dante be considered an accessory after the fact for providing the getaway car?

A) No, he did not commit an affirmative act to hinder the arrest.
B) No, he did not participate in any way in the commission of the crime.
C) Yes, he provided the getaway car that was used to transport the stolen goods.
D) Yes, he possessed a special relationship that imposes liability.

Question 30

Jordan and Valentina were selling imitation designer handbags on the streets of Chicago. Ina buys a bag thinking it is the real thing and makes sure to proudly display it in front of all. Later that day she sets it on the seat next to her in her subway car. The bag is stolen by Nina who runs out of the train car and onto the bustling platform. Ina follows Nina and attempts to take back the bag. Joe comes to Ina's defense and wrestles the bag from Nina. When the altercation is all said and done Nina goes home with the bag. Joe helped her wrestle it from Ina. And Ina goes home bagless. May Joe be considered an accessory after the fact?

A) Yes.
B) No, he had no knowledge that Ina committed a crime.
C) Yes, he committed an affirmative act.
D) No, he did not frustrate the conviction of Ina.

Question 31

For which of these actions will an individual be held liable as an accomplice?

A) knowingly selling a gun to an individual who plans to rob a bank
B) knowingly renting a room to someone who plans to use it for prostitution
C) knowingly repairing the car of a stranded motorist who intends to use the car to rob a bank
D) purposely selling a gun to an individual who plans to shoot at individuals in a movie theater

Question 32

Which case recognized that although the defendant did not intend to kill the victim, he committed the robbery in which it took place, and the murder was a reasonably foreseeable consequence of the defendant's participation in the robbery?

A) United States v. Peoni
B) United States v. Fountain
C) State v. Linscott
D) State v. Robinson

Question 33

Deirdre planned to bomb her high school. She enlisted numerous friends to help her plan and carry out the attack. Jonathan helped her build the bomb but did not participate in setting it off at the school. Tammy acted as a lookout when she placed and detonated the bomb in the school. Kevin drove her to the school and served as the getaway car after detonation. Samantha, her protective little sister, threw away the diagrams and information she found in Deirdre's bedroom days after the incident occurred. Which of these individuals will be charged with the least serious offense?

A) Jonathan
B) Tammy
C) Kevin
D) Samantha

Question 34

While individuals cannot be liable for simply being in the presence of a crime, State v. Walden illustrates an exception to the rule because the defendant allowed an acquaintance to brutally beat her young son. This exception arises where defendants possess ______.

A) parental responsibility
B) duty to intervene
C) derivative liability
D) criminal intent

Question 35

The following statement matches which element of accessory after the fact? The defendant must provide assistance with the intent or purpose of hindering detection, apprehension, prosecution, conviction, or punishment of the individual receiving assistance.

A) commission of a felony
B) knowledge
C) affirmative act
D) criminal intent

Question 36

What provides that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability?

A) Pinkerton rule
B) mens rea of accomplice liability
C) mere presence rule
D) mere ability rule

Question 37

Which case provides that there is an exception to the mere presence doctrine when the defendant possesses a duty to intervene?

A) Bailey v. United States
B) State v. Walden
C) Bailey v. Walden
D) State v. Bailey

Question 38

What is the essence of accessory after the fact according to the Model Penal Code?

A) interference with the functioning of the legal process
B) an illegal act equal to that of the principal
C) a violation of equal protection
D) a misdemeanor offense only

Question 39

The requirement of purposeful conduct in the mens rea of accomplice liability is the result of which case?

A) Backun v. United States
B) People v. Perez
C) United States v. Peoni
D) United States v. Fountain

Question 40

A conviction for accomplice liability requires that a defendant both ______.

A) assist and intend to assist the commission of a crime
B) assist in covering up the crime after its commission and has a special relationship to the principal
C) has knowledge of the commission of a crime and testifies against the principal
D) has the duty to intervene and fails to do so

Question 41

Individuals who assist in the commission of a crime are held liable for the criminal conduct of the perpetrator of the offense.

Question 42

Vicarious liability is used to hold the owners of automobiles liable for traffic tickets issued to their automobiles.

Question 43

The prosecution must establish that the assistance provided by an accessory was essential to the commission of the crime.

Question 44

Ava and a friend decide they are going to go to the fireworks on July 4^th and steal as many phones as they can from spectators as they take photographs of the fireworks in the dark. They successfully take 2 or 3 without the somewhat inebriated individuals putting up much of a fight. During her final attempt to take a phone the victim starts to put up a fight and they each begin throwing punches. The friend finds a rock nearby and throws it at the head of a victim, leaving her unconscious and in a coma. If the victim dies, although Ava did not throw the rock, under what doctrine may she be held accountable?

A) principal liability
B) accessory after the fact
C) natural and probable consequences
D) derivative liability

Question 45

Which legal concept is contrary to the core principle that individuals should be held responsible and liable for their own conduct?

A) accomplice liability
B) vicarious liability
C) strict liability
D) accessory liability

Question 46

The modern view is that since accessories after the fact are involved following the completion of a crime, they should be treated as harshly as the perpetrator of the crime or accomplices.

Question 47

Parental responsibility statutes do not hold parents responsible for the failure to take reasonable steps to prevent their children from engaging in serious or persistent criminal behavior.

Question 48

Accessories were actually present and carried out the crime while principals assisted the accessories.

Question 49

The Pinkerton rule provides that a conspiracy to commit a crime and the crime itself are separate and distinct crimes.

Question 50

An individual will be held liable as an accomplice for knowingly rather than purposely selling a gun to an individual who plans to rob a bank.

Question 51

Individuals who assist the perpetrators following the crime will be charged as principals in the second degree.

Question 52

Roughly 17 states and cities have parental responsibility laws.

Question 53

Under modern law, both principals and accessories are punishable as felons.

Question 54

The mere presence rule provides that being present and watching the commission of a crime is sufficient to satisfy the actus reus requirement of accomplice liability.

Question 55

Social host liability laws hold adults liable for providing liquor in their home to minors in the event that an accident or injury occurs.

Question 56

A corporate crime may result in the criminal conviction of the employee committing the offense, but the corporation will never be convicted.

Question 57

Holding individuals accountable for intentionally assisting the criminal acts of another is termed principal or principal liability.

Question 58

Derivative liability is the term for the primary perpetrator's guilt flowing from the acts of the accessories of the crime.

Question 59

The Pinkerton rule provides that a conspiracy to commit a crime and the crime itself are separate and distinct crimes. An individual may be charged with one or both of these offenses.

Question 60

Individuals will not be held liable based on their relationship with the perpetrator of a crime.

Question 61

According to common law, what are the four categories of parties to a crime?

Question 62

What is the natural and probable consequences doctrine? Do you believe it's fair and just to hold an individual liable even when he or she did not intend the outcome? Why or why not? Provide examples from your reading to support your answer.

Question 63

What is the difference between accessory after the fact and the principal in the first degree?

Question 64

List and explain the elements of accessory after the fact. What is the modern view of accessories after the fact? Do you agree or disagree with the modern view? Why or why not? Use examples from your readings to support your answer.

Question 65

What is the mere presence rule? Why do we have the mere presence rule?

Question 66

The parental responsibility laws provide that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability

Question 67

What is derivative liability?

Question 68

Why do we have vicarious liability laws?

Question 69

What is the difference between accomplice liability and vicarious liability?

Question 70

What are parental responsibility laws? What was the initial rationale for parental responsibility laws? Do you believe that it is constitutional to hold parents liable for the criminal acts of their children? Should parents be held liable for providing alcohols to minors? Why or why not? Use examples from your readings to support your answer.

Question 71

Summarize and discuss the United States v. Fountain case. What was the main issue being discussed? What are the findings in this case? Do you agree with the ruling? Why or why not?

Question 72

What is corporate liability? List and define the tests that are used to determine whether a corporation should be held criminal liable. Why do we hold corporations criminally liable? How can a corporation possess a criminal intent?

Question 73

Individuals who assist the perpetrators, knowing that a crime has been committed. This includes those who help the bank robbers escape or hide the stolen money are referred to accessories after the fact.

Question 74

What are the two primary tests for determining whether a corporation should be criminally liable?

Question 75

What are the elements of accessory after the fact?

Question 76

What is the actus reus of accomplice liability?

Question 77

Mark and Morris have made plans to rob a neighborhood bank. Jimmy has agreed to be the lookout and the getaway driver as long as he gets a percentage of the stolen money. That Friday, Mark and Morris enter a bank armed with semi-automatic weapons. Jimmy parks the car at a nearby convenience mart and watches for police. After 10 minutes, Mark and Morris run out of the bank with money bags in hand. Jimmy drives around the front of the bank, Mark and Morris jump into the car, and the three drive off. While driving, Jimmy overhears Mark and Morris discussing that they had killed two security officers during the robbery. Name and explain the principals and accessories. Which, if any, of these principals and/or accessories would Jimmy be charged with? Is Jimmy liable for the killing of the two security officers? Why or why not?

Question 78

Explain the difference between an accessory and an accomplice. Why are they punished differently?

Question 79

What is the mens rea of accomplice liability?

Question 80

What is the difference between accomplices and accessories?