Chapter 6 Powerpoint pt. 2

Question 1

Complicity= aiding, assisting, inciting, counseling, encouraging another to commit a crime; or failure to fulfill a legal duty to intervene + purpose to _________ or ______ another to commit the crime

Answer 1

encourage

assist

Question 2

Complicity= aiding, assisting, inciting, counseling, encouraging another to commit a _____; or failure to fulfill a legal duty to ________ + purpose to encourage or assist another to commit the crime

Answer 2

crime

intervene

Question 3

_________= aiding, assisting, inciting, counseling, encouraging another to commit a crime; or failure to fulfill a legal duty to intervene + purpose to encourage or assist another to commit the crime

Answer 3

Complicity

Question 4

What are the elements that constitute to “accessory after the fact”?

Answer 4

(1) Commission of a Felony
(2) Knowledge
(3) Affirmative Act
(4) Criminal Intent

Question 5

Which element of “accessory after the fact” is this: There must be a completed felony. The crime need not have been detected or formal charges filed?

Answer 5

Commission of a Felony

Question 6

Which element of “accessory after the fact” is this: The defendant must possess awareness that the individual whom he or she is assisting has committed a felony?

Answer 6

Knowledge

Question 7

Which element of “accessory after the fact” is this: The accessory must take affirmative steps to hinder the felon’s arrest; a refusal or failure to report the crime or to provide information to the authorities is not sufficient?

Answer 7

Affirmative Act

Question 8

Which element of “accessory after the fact” is this: The defendant must provide assistance with the intent or purpose of hindering the detection, apprehension, prosecution, conviction, or punishment of the individual receiving assistance?

Answer 8

Criminal Intent

Question 9

According to the ‘Affirmative Act’ element of “Accessory After the Fact”; _______ or _______ to report the crime or to provide information to the authorities is not sufficient.

Answer 9

Refusal

failure

Question 10

According to the ‘Affirmative Act’ element of “Accessory After the Fact”; Refusal or failure to report the _____ or to provide __________ to the authorities is not sufficient.

Answer 10

crime

information

Question 11

According to the ‘__________ _____’ element of “Accessory After the Fact”; Refusal or failure to report the crime or to provide information to the authorities is not sufficient.

Answer 11

Affirmative Act

Question 12

What happened in the State v. Robinson case?

Answer 12

• Robinson (the “defendant”), was pulled over for driving with a revoked license.
• He was then arrested and the police officer proceeded to do a thorough search of the defendant’s person whereby the officer found a closed cigarette pack which contained heroin.

Question 13

‘Accessories after the fact’ are now held liable for a separate, less serious ______ or for a .

Answer 13

felony

Question 14

‘__________ _____ ____ ____’ are now held liable for a separate, less serious felony or for a misdemeanor.

Answer 14

Accessories after the fact

Question 15

Accessory after the fact= _________ or _______ an individual + whom he or she knows to have committed a felony + in order to hinder the perpetrator’s arrest, prosecution, or conviction.

Answer 15

conceals

assists

Question 16

Accessory after the fact= conceals or assists an individual + whom he or she knows to have committed a _______ + in order to hinder the perpetrator’s arrest, prosecution, or conviction.

Answer 16

felony

Question 17

Accessory after the fact= conceals or assists an individual + whom he or she knows to have committed a felony + in order to hinder the perpetrator’s ______, _________, or ________.

Answer 17

arrest
prosecution
conviction

Question 18

__________ _____ ____ _____= conceals or assists an individual + whom he or she knows to have committed a felony + in order to hinder the perpetrator’s arrest, prosecution, or conviction.

Answer 18

Accessory after the fact

Question 19

Vicarious liability is employed to hold employers and business executives and corporations (which are considered “legal persons”) ______ for the criminal acts of __________.

Answer 19

liable

employees

Question 20

_________ _________ is employed to hold employers and business executives and corporations (which are considered “legal persons”) liable for the criminal acts of employees.

Answer 20

Vicarious liability

Question 21

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

Answer 21

Vicarious liability

Question 22

Vicarious liability is similar to _____ liability.

Answer 22

strict

Question 23

________ liability is similar to strict liability.

Answer 23

Vicarious

Question 24

Vicarious liability, holds ______ ______ responsible for tickets.

Answer 24

vehicle owners

Question 25

Vicarious liability, holds _______ liable for actions of children.

Answer 25

parents

Question 26

Vicarious liability, holds parents liable for actions of ________.

Answer 26

children

Question 27

What happened in the U.S. v. Dotterweich case?

Answer 27

Affirmed in 1943 that corporations, along with corporate executives and employees, could be held criminally liable under the Food and Drug Act.

Question 28

Corporate crime may result in the criminal conviction of the __________ committing the offense as well as the extension of vicarious liability to the _______ and the __________.

Answer 28

employee
owner
corporation

Question 29

Once it is determined that a statute encompasses corporations, what are the two primary tests for determining whether a corporation should be criminally liable under the statute?

Answer 29

(1) Respondeat Superior or the Responsibility of a Superior

(2) Model Penal Code Section 2.07

Question 30

Under the corporate liability; there is a distinction between “_______ persons” and “_________ persons”

Answer 30

natural

corporate

Question 31

Which test for corporate liability is this; Corporation may be held liable for the conduct of an employee who commits a crime within the scope of his or her employment who possesses the intent to benefit the corporation even if such acts are contrary to corporate policy

Answer 31

Respondeat Superior or the Responsibility of the Superior

Question 32

Which test for corporate liability is this; Liability is imposed when the criminal conduct is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a high managerial official acting on behalf of the corporation within the scope of his or her employment

Answer 32

Model Penal Code Section 2.07

Question 33

Vicarious liability= voluntary act or omission or possession by another + _______ of employer or parent or owner of automobile

Answer 33

status

Question 34

________ _______= voluntary act or omission or possession by another + status of employer or parent or owner of automobile

Answer 34

Vicarious liability

Question 35

Vicarious liability= voluntary act or omission or possession by _______ + status of employer or parent or owner of automobile

Answer 35

another

Question 36

What happened in the Commonwealth v. Koczwara case?

Answer 36

• Bartender sold liquor to minors.
• The owner of the bar (D) was not present, and testimony was given to support D had no knowledge of the acts claimed.
• Owner had previously been found guilty of a similar violation.
• The court affirmed the conviction under the Code, declared that the sentence of imprisonment was invalid, and left the imposition of a fine intact.

Question 37

______ ______ ___________ – the owner is responsible for the tickets unless he or she presents evidence that he or she was not responsible.

Answer 37

Prima facie responsibility

Question 38

What are teen party ordinances?

Answer 38

holds adults liable for hosting a party for minors where alcohol is served

Question 39

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

Answer 39

liquor

Question 40

______ ____ _______ laws – holds adults liable for providing liquor in their home to minors in the event that an accident or injury occurs.

Answer 40

Social host liability

Question 41

_______ __________ laws – parents are responsible for the crimes of their children.

Answer 41

Parental responsibility

Question 42

Parental responsibility laws – parents are responsible for the ______ of their children.

Answer 42

crimes

Question 43

Parental responsibility laws were ruled unconstitutional in which states?

Answer 43

Connecticut, Louisiana, Oregon, and Wyoming