Deck 6: Complicity and Vicarious Liability

Question 1

A(n) ________ is one who knowingly, voluntarily and with common intent unites with the principal offender in the commission of a crime.

A) Offender.
B) Accomplice.
C) Victim.
D) Accessory.

Answer 1

Accomplice.

Question 2

A(n) ________ is a person who helps the principal after the criminal event takes place.

A) Accessory after the Fact.
B) Principal in the First Degree.
C) Accessory before the Fact.
D) Principal in the Second Degree.

Answer 2

Accessory after the Fact.

Question 3

The actus reus for accomplice liability is, at its most basic level, assistance. Which is NOT a means by which assistance is typically provided?

A) Assistance by Physical Conduct.
B) Assistance by Psychological Influence.
C) Assistance by Omission.
D) Assistance by Intent.

Answer 3

Assistance by Intent.

Question 4

The person who assists a principle in the commission of a crime has satisfied the ________ of accomplice or accessory liability.

A) Actus Reus.
B) Mens rea.
C) Assistance by Omission Requirement.
D) Assistance by Physical Conduct Requirement.

Question 5

A(n) ________ most often assists before and during the crime, while the ________ typically helps after the fact.

A) Partner; Accomplice.
B) Accessory; Accomplice.
C) Partner; Accessory.
D) Accomplice; Accessory.

Question 6

Being a(n) ________ is not quite as serious as being a(n)________, as one who assists after the crime may engage in behaviors that are far more innocuous than helping with the commission of a crime.

A) Partner; Accomplice.
B) Accessory; Accomplice.
C) Partner; Accessory.
D) Accomplice; Accessory.

Question 7

To succeed at this defense the individual must notify the principal and neutralize the effects of any assistance offered to that point.

A) Abandonment Defense.
B) Insanity Defense.
C) Age Defense.
D) Duress Defense.

Question 8

This form of liability is not possible when one of the parties to the crime is protected by applicable statue.

A) Accomplice Liability.
B) Vicarious Liability.
C) Strict Liability.
D) Corporate Vicarious Liability.

Question 9

In this defense a defendant may claim that he or she assisted in the commission of a criminal act but chose to withdraw from the collaborative effort.

A) Insanity Defense.
B) Age Defense.
C) Creative Excuses Defense.
D) Abandonment Defense.

Question 10

This liability involves two or more parties but it takes only one party's actions to trigger liability.

A) Corporate Vicarious Liability.
B) Vicarious Liability.
C) Accomplice Liability.
D) Strict Liability.

Question 11

This liability is criminal liability for the acts of another person.

A) Principal Agent Liability.
B) Vicarious Liability.
C) Accomplice Liability.
D) Strict Liability.

Question 12

This liability is liability of a corporation for the actions of its agents and employees.

A) Corporate Vicarious Liability.
B) Vicarious Liability.
C) Accomplice Liability.
D) Strict Liability.

Question 13

This can be used against basically anyone who contributes to a child's delinquency, not just parents.

A) Accomplice Liability.
B) Strict Liability.
C) Individual Vicarious Liability.
D) Corporate Vicarious Liability.

Question 14

An individual who is in charge of another, who acts on the individual's behalf, can be held responsible through this form of liability.

A) Parental Liability for a Child's Behavior.
B) Corporate Vicarious Liability.
C) Strict Liability.
D) Principal-Agent Liability.

Question 15

Accomplice liability is generally limited to felonies.

Question 16

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

Question 17

An accessory is typically a participant in a crime before it is committed.

Question 18

An accomplice is typically a participant in a crime after it is committed.

Question 19

The actus reus and mens rea for accomplice and accessory liability are the same.

Question 20

For accomplice liability, there is one level of mens rea.

Question 21

The State does not have to offer evidence to prove that a man charged with a crime actually had a guilty intent.

Question 22

One who assists in the commission of a criminal act may not choose to withdraw from the collaborative effort.

Question 23

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

Question 24

A minor, who is party to sexual intercourse with an adult, cannot be considered an accomplice in her own rape.

Question 25

For a successful abandonment defense it is enough for one who offers assistance before the commission of a crime to turn heel and leave as the crime is about to be committed.

Question 26

In accomplice liability, it takes only one party's actions to trigger liability.

Question 27

In some states, parents can be held criminally liable for their kids' illegal activities.

Question 28

If an employee exploits his or her position for personal gain the corporation will most likely not be held liable.

Question 29

The transfer of mens rea and actus reus to another individual or organization is known as ________ liability.

Question 30

A(n) ________ acts before or during the crime not after the crime is committed.

Question 31

A person who ________ a principal in the commission of a crime has satisfied the actus reus of accomplice or accessory liability.

Question 32

For accomplice liability, there are ________ levels of mens rea.

Question 33

For accessorial liability, there are ________ levels of mens rea.

Question 34

To succeed at a(n)________ defense the individual must notify the principal and neutralize the effects of any assistance offered to that point.

Question 35

In State v. Formella, the Court determined that the defendant did not do what was necessary to undo his ________.

Question 36

With accomplice liability, the accomplice ________ his or her liability from a primary offender.

Question 37

Vicarious liability indicates criminal liability for the acts of another ________.

Question 38

Contributing to the delinquency of a(n) ________ is a type of Parental Liability for a Child's Behavior.

Question 39

Match the concepts with their definitions.

-Natural and Probable Cause Doctrine

A) An individual encouraging or assisting a crime can be liable not only for the original crime, but for any other offenses that are the natural and probable consequences of the crime.
B) When the defendant derives or obtains his criminal liability from the primary offender.
C) Criminal liability for the acts of another person.
D) Involvement in a crime as an accomplice.
E) Liability of a corporation for the actions of its agents and employees.
F) An individual who aids before or during the commission of a crime.
G) Modern term to describe someone who participates after the crime is already committed.

Question 40

Match the concepts with their definitions.

-Vicarious Liability

A) An individual encouraging or assisting a crime can be liable not only for the original crime, but for any other offenses that are the natural and probable consequences of the crime.
B) When the defendant derives or obtains his criminal liability from the primary offender.
C) Criminal liability for the acts of another person.
D) Involvement in a crime as an accomplice.
E) Liability of a corporation for the actions of its agents and employees.
F) An individual who aids before or during the commission of a crime.
G) Modern term to describe someone who participates after the crime is already committed.

Question 41

Match the concepts with their definitions.

-Corporate Vicarious Liability

A) An individual encouraging or assisting a crime can be liable not only for the original crime, but for any other offenses that are the natural and probable consequences of the crime.
B) When the defendant derives or obtains his criminal liability from the primary offender.
C) Criminal liability for the acts of another person.
D) Involvement in a crime as an accomplice.
E) Liability of a corporation for the actions of its agents and employees.
F) An individual who aids before or during the commission of a crime.
G) Modern term to describe someone who participates after the crime is already committed.

Question 42

Identify the common law parties to a crime with their explanation.

-Principal in the First Degree

A) Someone who intentionally assists with the commission of a crime and who is actually or constructively present at the time of the crime.
B) One who actually commits a crime, either by his own hand, or by an inanimate agency, or by an innocent instrumentality.
C) A person who helps the principal after the criminal event takes place.
D) Someone who solicits, encourages, or commands another to offend.

Question 43

Identify the common law parties to a crime with their explanation.

-Accessory before the Fact

A) Someone who intentionally assists with the commission of a crime and who is actually or constructively present at the time of the crime.
B) One who actually commits a crime, either by his own hand, or by an inanimate agency, or by an innocent instrumentality.
C) A person who helps the principal after the criminal event takes place.
D) Someone who solicits, encourages, or commands another to offend.

Question 44

Identify the common law parties to a crime with their explanation.

-Accessory after the Fact

A) Someone who intentionally assists with the commission of a crime and who is actually or constructively present at the time of the crime.
B) One who actually commits a crime, either by his own hand, or by an inanimate agency, or by an innocent instrumentality.
C) A person who helps the principal after the criminal event takes place.
D) Someone who solicits, encourages, or commands another to offend.

Question 45

Compare and contrast accessory to a crime from an accomplice to a crime.

Question 46

Compare and contrast the actus reus and mens rea for accomplice and accessory to a crime.

Question 47

Explain and provide an example of how a party to a crime may be immune from conviction for their action(s).

Question 48

Compare and contract corporate vicarious liability to individual vicarious liability.

Question 49

Joe discovers that his wife is having an affair after twenty years of marriage. Distraught, he goes to a local bar one evening to drink away his sorrows with a few friends. During the evening, Joe announces a plan to kill his wife and her lover. His friend Brian responds, "Sounds like a great idea. She deserves to die for what she did."Two days later, Joe fatally shoots his wife and her companion. Can Brian be charged as an accomplice? Why or why not?

Question 50

Judy Smart is a 17-year-old high school junior. One Saturday night, she is drinking beer with a number of her high school friends in the basement of her home. Judy's parents, Bob and Mary Smart, are home at the time. They did not buy the beer the underage minors are consuming, but they are aware of the party in their basement. Bob and Mary Smart do nothing to stop the party. On the way home, one intoxicated minor is killed when she drives her car into a ditch. Can Bob and Mary Smart be charged with a crime? Why or why not?