Chapter 2 Offender Roles

Question 1

When can a coporation or association be held criminally responsible?

Answer 1

If it gave the agent the authority and responsibility to act on its behalf in handling the particular business or project that involved criminal behavior

Question 2

Accomplice :

Answer 2

• intentional participation
• criminal mindset

ROA - underlying crime

Question 3

Intentional participation

Answer 3

Planning ( a person may be out of state so long as he understands crime occurs in MA)

Encouraging (- give hope of immediate assistance)

Serving as Lookout

Participating

Helping with escape

Question 4

Do offenders have to have an advance plan or agreement to be an accomplice ?

Answer 4

No. Must CONSCIOUSLY act with principal before or during crime

Also- circumstantial evidence may prove involvement

Question 5

Criminal Mindset

Answer 5

Must participate while having the intent necessary to commit underlying crime

An accomplice may only be convicted of crimes he intended

Once an accomplice knows the principal has a weapon, he is responsible for the resulting crime (circumstantial evidence may prove it)

Question 6

Do you have to prove who is the principal and who is the suspect?

Answer 6

No. Just proof both were involved

A suspect may still be convicted even though his codependent is acquitted

Question 7

Can an accomplice withdraw from a crime ?

Answer 7

Only matters if it is before the crime. Doesn’t count if withdrawal comes so late crime cannot be stopped

Question 8

Accessory After the Fact:

Answer 8

Knowledge of felony

Assisted knowingly

Felon (unless protected relative)

Intent to avoid arrest / trial

FELONY

• must know facts of underlying felony and felon’s “ identity”

Question 9

Who is a protected relative?

Answer 9

Spouse

Parent / Grandparent

Child / grandchild

Sibling

Question 10

Failure to Report a Crime :

Answer 10

Person at scene of crime

Knows the other person is victim of rape, robbery, murder

Fails to report crime as soon as practicable even tho he can without endangering himself or others

MISD

Question 11

Attempt to Commit a Crime:

Answer 11

Specific intent

Overt Act

A failure

ROA depends on crime (felony punishable by less than 5 yrs is a complaint )

Question 12

What are the 2 kinds of Overt Acts?

Answer 12

Last Act ( commits last act necessary to complete crime but fails)

Interrupted Act (intercepted by police or third party)

Question 13

Conspiracy:

Answer 13

An agreement between two or more to do something unlawful. COMPLETE AT TIME OF AGREEMENT -The crime is the agreement- doesn’t matter if plan successful or carried out

Goal doesn’t have to be immediate

Not necessary for formal agreement or full identity of each other

Question 14

Does Massachusetts have a unilateral or bilateral approach for conspiracy?

Answer 14

Bi. At least 2 like minded criminals.

Question 15

What is difference between an accomplice and a conspirator?

Answer 15

An accomplice must meaningfully participate in the crime but does not have to agree with principal in advance. In contrast, conspiracy requires an agreement to work together, but not a completed crime

Question 16

Where is the venue for a conspiracy?

Answer 16

Any county where agreement was reached or where an overt act to execute the plan was committed by any conspirator

Question 17

Solicitation of a Felony:

Answer 17

Solicit
Intent (for person to commit or arrange another to commit )

Crime complete at solicitation - solicited person does not have to agree