Deck 6: Complicity and Vicarious Liability

Question 1

If a 17-year-old girl consents to have sex with her 18-year-old boyfriend and the state where the act occurs states that a 17-year-old is considered a juvenile, then the act is considered what?

A)Sex between consenting partners
B)Not a crime because the girl consented
C)Sexual assault of a minor or statutory rape
D)None of the above

Answer 1

C

Question 2

Who does the principal in the first degree refer to in a crime?

A)The secondary offender
B)The victim
C)The accomplice
D)The primary offender

Answer 2

D

Question 3

What term applies to one who assists in the commission of a criminal act but chooses to withdraw from the collaborative effort or otherwise choose not to participate in the crime?

A)Withdrawal
B)Abandonment
C)Non-accomplice
D)None of the above

Answer 3

B

Question 4

What refers to the transfer of mens rea and actus reus to another individual organization?

A)Vicarious liability
B)Vicarious transference
C)Accomplice liability
D)None of the above

Question 5

What is the term that refers to someone who intentionally assists the principal in the first degree with the commission of a crime and who is actually or constructively present at the time of the crime?

A)Principal in the Second Degree
B)Principal in the Third Degree
C)Principal accomplice
D)None of the above

Question 6

What is a jury instruction regarding the mens rea of accomplice liability that allows the jury to infer knowledge on the part of the defendant from indifference to finding the truth?

A)The Giraffe Instruction
B)The Owl Instruction
C)The Ostrich Instruction
D)None of the above

Question 7

In what type of situation may an accomplice be convicted of a more serious crime than the principal?

A)When the accomplice is older than the principal
B)When the accomplice holds a criminal record
C)When the accomplice commits a crime greater than the principal intended
D)None of the above

Question 8

What happens if a person commits an offense because another person convinces that person that the act is actually legal or that the victim has given consent?

A)The actor may be acquitted, but the accomplice may still be convicted.
B)The actor and the accomplice will both be convicted regardless of the actor's belief of innocence.
C)The accomplice will be acquitted because he did not actually commit the crime or participate in the crime.
D)None of the above

Question 9

What is the basic level actus reus for accomplice liability?

A)Action
B)Assistance
C)Commitment
D)None of the above

Question 10

What is the term that refers to someone who solicits, encourages, or commands another to commit an offense?

A)Accessory after the fact
B)Accessory because of fact
C)Accessory before the fact
D)Accessory beyond the fact

Question 11

What is the term for an individual encouraging or assisting a crime who can be liable not only for the original crime, but also for any other offense that are natural and probable consequences of the original crime?

A)Natural Events Rule
B)Accomplice Liability Doctrine
C)Natural and Probable Consequences Doctrine
D)None of the above

Question 12

What is "a state of being an accomplice?"

A)Accomplished
B)Complicity
C)Accomplicity
D)Inclusive

Question 13

What will happen in a situation where the accomplice commits to the crime, but turns and runs away at the moment the crime is committed without any effort to stop or prevent the crime?

A)The defendant may be convicted regardless of his or her lack of participation.
B)The defendant will be acquitted because of his or her lack of participation in the crime.
C)The defendant will be acquitted because of his lack of mens rea or actus reus.
D)None of the above.

Question 14

What does the Model Penal Code does use to define the common law terms accessory or principal?

A)One who acts in the same accord as the principal
B)One who solicits another to commit an offense
C)One who forces another to commit an offense
D)None of the above

Question 15

Which of the following is not one of the three means by which assistance is typically provided?

A)Assistance by physical conduct
B)Assistance by psychological conduct
C)Assistance by coercion
D)Assistance by omission

Question 16

What term means that a second offender derives his or her liability from the primary offender?

A)Secondary liability
B)Derivative liability
C)Absolute liability
D)Partial liability

Question 17

What conditions must exist to determine vicarious liability?

A)It takes only one person for the actionable conduct of another.
B)Liability transfers from one person to another.
C)Liability remains with the primary offender.
D)Both a and b

Question 18

How many levels of mens rea exist for the requirement of accomplice liability?

A)Two
B)Three
C)One
D)None

Question 19

What is a crime that can only be committed by a specific person or class of individuals?

A)Nonproxyable offense
B)Liable-proxy offense
C)Crime-by-proxy offense
D)None of the above

Question 20

If a minor female agrees to break into a home with the intent to use the bed in the house for sexual intercourse with her boyfriend she may be convicted of what crime?

A)Burglary of a habitation
B)Statutory rape
C)Criminal trespass
D)None of the above

Question 21

Corporate vicarious liability refers to the personal liability of the officers of the corporation for the criminal conduct of its employees.

Question 22

A nonproxyable offense is one that can only be perpetrated by a designated person or class of persons.

Question 23

There are many forms and theories of vicarious liability; all of which are criminal.

Question 24

A person who assists a principal in the commission of a crime does not satisfy the actus reus of accomplice/accessory liability.

Question 25

Since the 2001 demise of energy giant Enron, government officials may resort to what type of agreements?

A)Defense to prosecution agreements
B)Deferred prosecution agreements
C)Civil liability agreements
D)None of the above

Question 26

A person cannot be considered an accomplice unless he shares the criminal intent of the principal; there must be a community of purpose in the unlawful undertaking.

Question 27

In the 1983 gang rape of a young woman in Bid Dan's bar in New Bedford, Massachusetts, none of the individuals who witnessed the rapes had a legal duty to act.

Question 28

What refers to the liability of an organization, no matter its size, for the criminal conduct of its employees?

A)Organization presumptive liability
B)Business organization liability
C)Corporate Vicarious liability
D)Organization superfluous liability

Question 29

Respondeat superior is Latin for what term?

A)Let the eager one take charge.
B)Let the commander lead the battle.
C)Let the master answer.
D)None of the above

Question 30

In State v. Chism 436 So.2d 464 (La. 1983), the Supreme Court of Louisiana affirmed the conviction of the District Court in Caddo Parish, but vacated the sentence and remanded the case.

Question 31

There are some exceptions, but most jurisdictions limit accomplice liability to the most serious offenses.

Question 32

If someone solicits, encourages, or commands another to offend, then he is an accessory before the fact.

Question 33

The actus reus of accomplice liability cannot be satisfied by way of an omission.

Question 34

Psychological influence generally requires a certain amount of coaxing, encouraging, persuading, or soliciting.

Question 35

There are three parts to the mens rea of accessorial liability.

Question 36

An accessory after the fact is often one who is involved in "aiding and abetting" an accomplice.

Question 37

What is the liability of a corporation, if an agent of a company is acting within the scope of his employment, but the agent's act is illegal and contrary to his employer's instructions or against the corporation's policies?

A)The corporation is not relieved of responsibility.
B)The corporation is relieved of responsibility.
C)The corporation never had responsibility.
D)None of the above

Question 38

It is uncommon for accessories to felonies to be convicted of misdemeanors rather than a felony committed by the principal who committed the felony.

Question 39

A person encouraging or facilitating the commission of a crime could be held criminally liable not only for that crime, but for any other offense that was a natural and probable consequence of the crime aided and abetted.

Question 40

An accomplice is "one who unknowingly, involuntarily, and with lack of common intent unites with the principal offender in the commission of a crime."

Question 41

If a company rejects the government's offer for deferred _____________, that company can face dire circumstances.

Question 42

Complicity law is somewhat difficult to grasp because it involves multiple ______________.

Question 43

In a few situations, accomplice liability is a legal __________________.

Question 44

The origins of corporate vicarious liability can be traced to the medieval doctrine of respondeat superior.

Question 45

In the second part of the mens rea of accessorial liability, the individual must have aided the ___________________ for the purpose of hindering arrest and prosecution.

Question 46

If one person provides false information to another thereby causing the person testify falsely during a trial, the person perpetuating the falsehood in the beginning may be prosecuted for ________________.

Question 47

________________ applies to one who assists in the commission of a criminal act, who may choose to withdraw from the collaborative effort or otherwise choose not to participate in the crime.

Question 48

Discuss the term actus reus and evaluate the relevance of this term to a person who assists a principal in the commission of a crime. Analyze the three means by which assistance to commit a crime is typically provided. What role does each play in assisting in the commission of a crime?

Question 49

Define complicity and analyze the five issues that complicate complicity law. Evaluate the role each plays in developing complicity.

Question 50

If a mother stands by and does not attempt to intervene or call for help while her child is being assaulted may be charged with being an __________________.

Question 51

George Ellis decides he is going to rob a local bank. He recruits assistance in planning the robbery from one of the bank tellers, Sophia Rhome, by telling her that he will reveal her previous life of prostitution and drugs to her employer if she refuses to assist with the planning of the robbery. George recruits an additional partner in crime who has a long criminal history in robbing banks in another state. The third person is an old cellmate of George's by the name of Sam Jones.
Sophia's role in the crime involved providing details of work schedules, lead officer activities and location, alarm activation policies and locations, the number of guards and their routine, and when the largest amount of money would be available. Additionally, Sophia was required to deactivate the alarm. George promised Sophia a cut of the money in a way that would clear her of any suspicion at a future date.
Sam's responsibility was to take out the guards and take hostages (if needed for the escape). George would be responsible for gathering all of the money and helping Sam with the guards and hostages. George told Sam that he did not want anyone shot without his approval.
Everything goes as planned on the day of the robbery until Sophia decides she wants to abandon her responsibilities in the deal. She leaves the bank just as George and Sam enter the bank without being noticed by either George or Sam. Sophia gets in her car and drives to friend of hers whose home is about 60 miles south of the city. Sophia does not bother calling the police because she knows the alarm will notify them as soon as it is activated.
As soon as Sam enters the bank he shoots and kills the two security guards. Sam then shoots one of the bank customers as he orders all the customers to form a circle in the center of the bank floor. The customer who is shot is severely wounded, but alive.
In respect to principal, accomplice, and accessory determine the role each played in the bank robbery. Analyze Sophia's role and her decision not to participate when George and Sam arrive at the bank. What is Sophia's liability in the crime? Will she be charged of any crime? What about Sam and George? Should any of the suspects suffer a greater penalty than the others?

Question 52

Under the old common law, all felons were subject to the _____________ penalty.

Question 53

Accomplice liability is not possible when one of the parties to a crime is supposed to be _________________ by the applicable statute.

Question 54

Define vicarious liability and compare it with accomplice liability. Evaluate the two conditions that make vicarious liability different from accomplice liability. Analyze corporate vicarious liability and evaluate the influence from deferred prosecution agreements and civil law developments.

Question 55

Being an __________________ is not quite as serious a being an accomplice.

Question 56

Discuss the principal of the first degree and the principal of the second degree as found in common law. Evaluate the present day laws that equate these common laws to the terms principal, accomplice, and accessory before and after the fact.

Question 57

The accomplice's mens rea must match the _____________ of the underlying offense.

Question 58

An ___________________ is typically a participant in a crime after the crime is committed.

Question 59

An __________________ is one who knowingly, voluntarily, and with common intent unites with the principal offender in the commission of the crime.

Question 60

An ice cream company known as Super Cream distributes ice cream to all of the local grocery stores in an area northeast of Dallas, Texas, and just north of Houston. Additionally, Super Cream operates retail ice cream trucks that sell individual ice cream bars to local neighborhoods in all of the major cities within the area. Super Cream leaves the hiring of each driver/salesperson up to local hiring agencies in each city and has no established hiring policy other than that the driver must have a clean driving record. One of the drivers, JB Hemphill, hired for a delivery route in Tyler, Texas, unknown to the agency and the Super Cream Corporation, has an extensive criminal history including sexual assault of a minor. Shortly after JB takes over the route, multiple missing children are reported throughout Tyler. A year later, investigators close in on JB and discover he is responsible for the kidnapping, assault, and death of eight young girls.
Analyze this case and evaluate the criminal and civil liability, if any, that may fall back on the Super Cream Corporation and each employment agency that is contractually bound with the corporation. Should investigators pursue the case any further? If so, what type of investigation should be launched and how would the investigators pursue the evidence required in the investigation. Should the corporation be offered deferred prosecution agreements to assist in further investigation?