Chapter 6 Powerpoint pt. 2 Flashcards
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
encourage
assist
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
crime
intervene
_________= 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
Complicity
What are the elements that constitute to “accessory after the fact”?
(1) Commission of a Felony
(2) Knowledge
(3) Affirmative Act
(4) Criminal Intent
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?
Commission of a Felony
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?
Knowledge
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?
Affirmative Act
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?
Criminal Intent
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.
Refusal
failure
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.
crime
information
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.
Affirmative Act
What happened in the State v. Robinson case?
- 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.
‘Accessories after the fact’ are now held liable for a separate, less serious ______ or for a .
felony
‘__________ _____ ____ ____’ are now held liable for a separate, less serious felony or for a misdemeanor.
Accessories after the fact
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.
conceals
assists
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.
felony
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 ________.
arrest
prosecution
conviction
__________ _____ ____ _____= 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.
Accessory after the fact
Vicarious liability is employed to hold employers and business executives and corporations (which are considered “legal persons”) ______ for the criminal acts of __________.
liable
employees
_________ _________ is employed to hold employers and business executives and corporations (which are considered “legal persons”) liable for the criminal acts of employees.
Vicarious liability
________ _________ imposes criminal liability on an individual for a criminal act committed by another.
Vicarious liability
Vicarious liability is similar to _____ liability.
strict
________ liability is similar to strict liability.
Vicarious
Vicarious liability, holds ______ ______ responsible for tickets.
vehicle owners
Vicarious liability, holds _______ liable for actions of children.
parents
Vicarious liability, holds parents liable for actions of ________.
children
What happened in the U.S. v. Dotterweich case?
Affirmed in 1943 that corporations, along with corporate executives and employees, could be held criminally liable under the Food and Drug Act.
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 __________.
employee
owner
corporation
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?
(1) Respondeat Superior or the Responsibility of a Superior
(2) Model Penal Code Section 2.07
Under the corporate liability; there is a distinction between “_______ persons” and “_________ persons”
natural
corporate
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
Respondeat Superior or the Responsibility of the Superior
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
Model Penal Code Section 2.07
Vicarious liability= voluntary act or omission or possession by another + _______ of employer or parent or owner of automobile
status
________ _______= voluntary act or omission or possession by another + status of employer or parent or owner of automobile
Vicarious liability
Vicarious liability= voluntary act or omission or possession by _______ + status of employer or parent or owner of automobile
another
What happened in the Commonwealth v. Koczwara case?
- 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.
______ ______ ___________ – the owner is responsible for the tickets unless he or she presents evidence that he or she was not responsible.
Prima facie responsibility
What are teen party ordinances?
holds adults liable for hosting a party for minors where alcohol is served
Social host liability laws – holds adults liable for providing ______ in their home to minors in the event that an accident or injury occurs.
liquor
______ ____ _______ laws – holds adults liable for providing liquor in their home to minors in the event that an accident or injury occurs.
Social host liability
_______ __________ laws – parents are responsible for the crimes of their children.
Parental responsibility
Parental responsibility laws – parents are responsible for the ______ of their children.
crimes
Parental responsibility laws were ruled unconstitutional in which states?
Connecticut, Louisiana, Oregon, and Wyoming
