Deck 4: Parties to a Crime

Question 1

Mere knowledge about a crime,in a few jurisdictions,is a crime called

A)conspiracy.
B)criminal facilitation.
C)accomplice in the first degree.
D)accomplice in the second degree.

Answer 1

B

Question 2

___________ is the mental state of intent that makes one liable as an accomplice.

A)knowledge
B)actus reus
C)purpose
D)instrumentality

Answer 2

C

Question 3

A person could be an accomplice to a crime through many actions that help or promote the crime's commission,including

A)being a lookout during the criminal act.
B)drawing an inaccurate map.
C)committing a criminal act without realizing it.
D)knowing that a weapon will be used during the offense.

Answer 3

A

Question 4

An accessory after the fact might provide the principal or accomplices several forms of aid and assistance,including

A)getting a plane ticket to fly from somewhere else back to where the crime was committed
B)counseling to help the offenders take responsibility for their actions
C)a place to hide.
D)giving directions when asked by the principle.

Question 5

A person's unpremeditated presence at a crime scene with the attention of providing assistance

A)establishes liability even if that person is never called upon for assistance.
B)establishes liability if that person is a known criminal.
C)does not establish liability if that person is never called upon for assistance.
D)does not establish liability in any situations except for probation or parole violations.

Question 6

When primary actors think that they are receiving assistance by someone who actually tries to set them up,the assistant is called a(n)

A)innocent agent.
B)feigning accomplice.
C)instrumentality.
D)accessory before the fact.

Question 7

A person who is used as an innocent agent and can prove __________ will not be held liable for a criminal offense.

A)remorse
B)duress
C)delinquency
D)elderly age

Question 8

When assistance is not accepted,not needed,or does not help the perpetrator,it is known as

A)an agent provocateur.
B)a feigning accomplice.
C)transferred intent.
D)ineffectual assistance.

Question 9

A person is an accomplice if s/he

A)possesses the intent to support or encourage the commission of the crime.
B)provides assistance in avoiding capture and arrest after the crime.
C)aids or assists another without knowing they a planning a crime.
D)owns a weapon.

Question 10

Under the MPC,accomplice liability rests on

A)accountability.
B)instrumentality.
C)conspiracy.
D)agency theory.

Question 11

Legal encouragement by the police as agents provocateur could include

A)acting as the victim.
B)influencing the commission of the crime.
C)encouraging a defendant to commit a crime,whether through actions or words.
D)All the above are correct.

Question 12

To allow prosecution of an accomplice for aiding a negligent or reckless act,a majority of jurisdictions require that the accomplice have intent to aid or encourage the general behavior that negligently or recklessly caused harm,

A)and they require intent that the principal commit the specific crime.
B)but they do not intend that such encouragement will be taken seriously.
C)and they have general intent to commit a crime himself or herself.
D)but they do not require intent that the principal commit the specific crime.

Question 13

Additional criminal acts committed during the commission of a planned crime will be considered a natural and foreseeable consequence if they

A)are harmful to others,including innocent victims.
B)involve the use of a dangerous or deadly weapon.
C)require the accomplice to take actions that he or she does not want.
D)are necessary to accomplish the original criminal goal.

Question 14

When the crime can only be performed by the principal actor and not through an agent,it is called a

A)nonproxyable offense.
B)transferable intent.
C)nontransferable intent.
D)nonproxyable intent.

Question 15

An innocent agent or instrumentality requires,in part,that the accomplice be

A)unable to form intent.
B)willing to take orders from the principle.
C)at the crime scene.
D)be capable of planning the crime.

Question 16

The MPC states a person can be prosecuted as a principal when the crime is committed by an innocent agent if the person

A)A person who "causes an innocent or irresponsible person to engage in [criminal] conduct" is liable for that conduct or act.
B)The defendant must act with the intent to commit the crime.
C)The accused must cause the agent to commit the criminal act.
D)All the above are correct.

Question 17

For accomplice liability,the law requires an actus reus that contributes to the commission of a crime by an

A)affirmative act or by an omission.
B)affirmative act or by a guilty state of mind.
C)omission or by concurrence.
D)omission or by a guilty state of mind.

Question 18

The MPC's position regarding the natural and probable consequences doctrine states

A)that an accomplice is liable for crimes that follow as a natural extension of the target crime.
B)an accomplice is not liable if the person failed in performing the crime.
C)that accomplice liability does not extend to crimes that were not agreed to.
D)None of the above is correct.

Question 19

To establish ___________,the MPC requires a person to act with the purpose of promoting or facilitating a crime in order to be held liable as an accomplice by an act of omission.

A)the actus reus
B)the agency theory
C)a conspiracy
D)the mens rea

Question 20

One reason the criminal law holds an accomplice accountable to the same extent as a principal actor is

A)An accomplice is forced to help the primary actor.
B)An accomplice unintentionally participates in the criminal goal.
C)An accomplice has less intent,but does more work.
D)An accomplice willingly consents to the same liability.

Question 21

If a defendant raises the entrapment defense in a jurisdiction that follows the Sherman-Sorrells test,evidence that normally may not be admitted in a trial will be allowed if the defense is raised.

Question 22

An excuse that does NOT allow the principal to escape liability is that the

A)principal is not responsible for the conduct because he or she did not possess the requisite mens rea.
B)principal is not responsible because he did not commit the actus reus.
C)law provides a defense of some other excusing condition.
D)law protects anyone who is part of a certain class from being prosecuted.

Question 23

Liability as an accomplice does not extend to negligent and reckless conduct on the part of the primary actor that results in a criminal offense.

Question 24

Failure to act to prevent another from committing a crime is an affirmative act.

Question 25

In criminal cases for accomplices,the prosecution needs only to prove that a criminal act was committed and that the person being charged as an accomplice somehow assisted in the commission of the crime.

Question 26

Accomplice liability does not constitute an independent criminal offense.

Question 27

Most jurisdictions will allow convictions for nonproxyable crimes.

Question 28

What are the three criteria used by the MPC to define an accomplice?

Question 29

Most states hold an accomplice liable only for the crime or crimes of the principal actor that the accomplice intended to aid or encourage.

Question 30

What is the difference between an entrapper and an agent provocateur?

Question 31

The objective test __________ in part to determine if an entrapment defense is valid.

A)allows police to encourage defendants to commit crimes.
B)asks whether said officer or agent "employ[ed] methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it"
C)focuses on the criminal actions
D)All the above are correct.

Question 32

What is the difference between a principal and an accessory?

Question 33

The doctrine of innocent instrumentality runs into technical problems where a statute only applies to a certain class of people by definition.

Question 34

The Sherman-Sorrells test uses __________ as part of the test to determine if entrapment has occurred.

A)a inquiry exonerate a government agent.
B)the defendant's willingness to commit the crime
C)the officer's willingness to commit the crime rather than the defendant's wrongdoing.
D)All the above are correct.

Question 35

An accessory after the fact is a person who intentionally counsels,solicits,or commands another in committing a criminal act.

Question 36

A person who uses an innocent agent to commit a crime is considered an accomplice,not a principal.

Question 37

Some jurisdictions refuse to extend accomplice liability to those who encourage negligent or reckless behavior because there is no intent for the criminal outcome.

Question 38

Under common law,an accomplice could not be convicted of a crime unless the primary actor was also convicted.

Question 39

Where a crime has been committed through an innocent instrumentality,the courts aim to punish the

A)innocent instrumentality for the actus reus,but not the mens rea,of the crime.
B)perpetrator for the mens rea,but not the actus reus,of the crime.
C)instrumentality who possesses the intent to accomplish the crime.
D)perpetrator who possesses the intent to accomplish the crime.

Question 40

Although justification of a criminal act often is personal,some courts will allow a defense of justification to be raised by an accomplice

A)as well as by a principal.
B)but not by a principal.
C)only when a principal makes the same defense.
D)only when a principal does make the same claim.

Question 41

What are the three "complex situations" discussed in your text that affect the actor/accomplice relationship?

Question 42

What is the difference between a feigning primary party and an agent provocateur?