Criminal Law AMP - Elements Of A Crime; Parties Flashcards
An attempt of a crime requires:
A The general intent to commit the physical act and an overt act in furtherance of that intent
B The specific intent to commit the crime and an overt act in furtherance of that intent
C An overt act toward the commission of some crime
B
A criminal attempt is an act that, although done with the intention of committing a crime, falls short of completing the crime. An attempt therefore consists of two elements: (i) a specific intent to commit the crime, and (ii) an overt act in furtherance of that intent. The intent to perform some physical act or an overt act alone are not enough; there must be a specific intent to commit a crime. QUESTION ID: C0040B Additional Learning
A defendant charged as an accomplice is responsible for which of the following crimes?
A The crimes he did or counseled, as long as the law would allow him to be convicted of being a principal in the same crime.
B The crimes he did or counseled and any other crimes committed in the course of committing the crime contemplated, as long as the other crimes were probable or foreseeable.
C The crimes he did or counseled and any other crimes committed in the course of committing the crime contemplated, regardless of the probability or foreseeability of those crimes.
D The crimes he did or counseled only.
B
A defendant charged as an accomplice is responsible for the crimes he did or counseled and any other crimes committed in the course of committing the crime contemplated, as long as the other crimes were probable or foreseeable. Note that one who may not be convicted of being a principal may be convicted of being an accomplice. QUESTION ID: C0037 Additional Learning
The fact that the defendant committed a particular act is sufficient for the jury to infer that he acted with:
A Malice
B General intent
C Specific intent
D Negligence
B
A jury can infer the required general intent merely from the doing of the act. It is not necessary that evidence specifically proving the general intent be offered by the prosecution. However, a jury cannot infer that the defendant acted with specific intent by the doing of the act. (That said, the manner in which an act is done may provide circumstantial evidence that the defendant acted with specific intent.) Malice is established by showing that the defendant recklessly disregarded an obvious or high risk that a particular harmful result would occur. Negligence is established by showing that the defendant failed to be aware of a substantial and unjustifiable risk that circumstances existed or a result would follow, and such failure constituted a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances. QUESTION ID: C0010B Additional Learning
Under the Model Penal Code, consciously disregarding a substantial and unjustifiable risk indicates a person acted __________.
A negligently
B recklessly
C purposefully
D knowingly
B
A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. Recklessness is one of the four categories into which the Model Penal Code classifies the mental component of a criminal offense (i.e., the element of fault). A person acts purposefully when it is his conscious object to engage in certain conduct or cause a certain result. A person acts knowingly when he is aware that his conduct is of that nature or that certain circumstances exist. A person acts negligently when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances. QUESTION ID: C0013 Additional Learning
In a majority of states, criminal attempt requires a specific intent to commit the crime and _______.
A An act that is dangerously close to success
B Any act toward commission of the crime, even if the act constitutes mere preparation
C An act that constitutes a substantial step in commission of the crime
C
The elements of attempt are a specific intent to commit the crime, and an overt act in furtherance of the attempt. A majority of states define an overt act as an act that constitutes a substantial step in commission of the crime that is strongly corroborative with the defendant’s criminal purpose. “An act dangerously close to success” is a restatement of the traditional proximity test. Most states no longer have such a stringent requirement. “Mere preparation” will not suffice for an attempt. QUESTION ID: C0040A Additional Learning
As to criminal liability as an accomplice, withdrawal from the criminal enterprise before the crime is committed is:
A A defense, if the defendant repudiates any encouragement given and attempts to neutralize any assistance provided
B Never a defense
C A defense, but only if the defendant notifies the authorities
A
In order to avoid criminal liability as an accomplice, one must repudiate any encouragement that he gave for commission of the crime, and he must at least attempt to neutralize any material assistance that he provided. If the person assisted by providing some material to the principal, he may withdraw if he at least attempts to neutralize this assistance, e.g., by doing everything possible to retrieve the material provided. Repudiating the encouragement is not enough. If the person merely encouraged the commission of the crime, repudiating the encouragement is sufficient to withdraw. An alternative effective method of withdrawal is notifying the authorities or taking some action to prevent the commission of the offense. However, it is not the only means of withdrawal; the other methods are described above. QUESTION ID: C0024B Additional Learning
Which of the following is true regarding the physical act requirement for criminal liability?
A Mere possession of contraband is never considered a physical act.
B The act must be a conscious exercise of the will.
C Criminal liability cannot be based on a failure to act.
D A thought alone may be considered a physical act.
B
The physical act element of a crime must be a conscious exercise of the will. The defendant’s act must be voluntary, and not, e.g., reflexive or unconscious. A failure to act can give rise to criminal liability. A defendant may be held liable for failing to act if he had a legal duty to act created by a statute, a contract, the relationship between the defendant and the victim, the voluntary assumption of care by the defendant of the victim, or the creation of peril by the defendant. The defendant must also have been aware of the facts giving rise to the legal duty to act, and it must have been reasonably possible for the defendant to perform the duty. A thought alone is never considered a physical act. A defendant cannot be held liable for bad thoughts; there must be some bodily movement. Merely possessing contraband can constitute a physical act. Criminal statutes that penalize the possession of contraband generally require only that the defendant have control of the item for a long enough period to have an opportunity to terminate the possession. QUESTION ID: C0001 Additional Learning
In order to be held criminally liable as an accomplice for additional crimes committed by the principal during the course of committing the contemplated crime, the additional crimes must have been:
A Probable or foreseeable
B Actually contemplated by the accomplice
C Actually encouraged by the accomplice
D Necessary to the commission of the contemplated crime
A
An accomplice is responsible for the crimes he did or counseled and for any other crimes committed in the course of committing the crime contemplated, as long as the other crimes were probable or foreseeable. The other crimes need not have been actually encouraged or contemplated by the accomplice, nor do they need to be necessary for the commission of the contemplated crime. QUESTION ID: C0037A Additional Learning
A legal duty to act may arise from a:
A Statute, contract, or voluntary assumption of care
B Statute, moral obligation, or voluntary assumption of care
C Contract, moral obligation, or voluntary assumption of care
D Statute, contract, or moral obligation
A
A moral obligation does not create a legal duty to act. For criminal liability to arise, the defendant must have a legal duty to act under the circumstances. Statutes and contracts can give rise to a legal duty to act. The voluntary assumption of care of the victim by the defendant may give rise to a duty to act. Although there is no common law duty to render aid, once a person voluntarily does so, he may be held criminally liable for not satisfying a reasonable standard of care. QUESTION ID: C0020B Additional Learning
A person who has assisted planning to commit a crime by providing some material may avoid liability as an accomplice if, before the crime is committed, he:
A Repudiates any encouragement he may have given the principal
B Attempts to neutralize the assistance he provided, e.g., by doing everything possible to retrieve the material provided
C Has no further involvement after providing the material
B
An individual may withdraw from a crime before it is actually committed and avoid liability. What is necessary for effective withdrawal depends on what the person initially did. If the person provided some material, he may avoid liability as an accomplice if he attempts to neutralize the assistance he provided, e.g., by doing everything possible to retrieve the material provided, prior to the chain of events leading to the commission of the crime becoming unstoppable. When a person provides the principal with material, merely repudiating encouragement is not enough to effect withdrawal. Repudiation is effective when a person provides encouragement only. Note that an alternative means of withdrawing is to notify authorities or take some other action to prevent the commission of the offense. Merely having no further involvement is not enough to avoid criminal liability. QUESTION ID: C0024A Additional Learning
Under modern statutes, what is the difference between a principal and an accomplice to a crime?
A The principal actually commits the crime; the accomplice aids, counsels, or encourages the principal to commit the crime
B The principal is predisposed to commit the crime and is encouraged to do so by the accomplice
C The principal actually commits the crime; the accomplice, knowing of the crime, assists the principal in escaping arrest, trial, or conviction
A
A principal possesses the requisite intent and actually commits the crime. An accomplice to a crime possesses the intent that the crime be committed and aids, counsels, or encourages the principal before or during the commission of the crime. The principal must be more than predisposed to commit the crime; he must actually commit it. A person who, knowing that another has committed a felony, assists the felon in escaping arrest, trial, or conviction is an accessory after the fact, not an accomplice. QUESTION ID: C0021B Additional Learning
Under what circumstances can a person be criminally liable for mere failure to act?
A Where it would be morally reprehensible not to act
B Where the law imposes on that person a duty to act
C Never, because criminal liability can be based only on affirmative actions
B
A defendant may be held criminally liable for failing to act if he had a legal duty to act created by a statute, a contract, the relationship between the defendant and the victim, the voluntary assumption of care by the defendant of the victim, or the creation of peril by the defendant. The defendant must also have been aware of the facts giving rise to the legal duty to act, and it must have been reasonably possible for the defendant to perform the duty. While morally reprehensible failure to act (e.g., failing to rescue a drowning child when one is fully capable of swimming) may be frowned upon by society, it does not create criminal liability unless one had a legal duty to act. Although criminal liability is often based on affirmative action, a failure to act can give rise to criminal liability when there is a duty to act. QUESTION ID: C0001A Additional Learning
Which of the following does not give rise to a legal duty to act?
A A statute
B A contract
C A moral obligation
D The voluntary assumption of care
C
A moral obligation does not create a legal duty to act. For criminal liability to arise, the defendant must have a legal duty to act under the circumstances. Statutes and contracts can give rise to a legal duty to act. The voluntary assumption of care of the victim by the defendant may give rise to a duty to act. Although there is no common law duty to act, once a person does so, he may be held criminally liable for not satisfying a reasonable standard of care. QUESTION ID: C0020 Additional Learning
Under modern statutes, which party to a crime possesses the requisite mental state and actually engages in the act or omission that causes the criminal result?
A Accessory Before the Fact
B Accomplice
C Principal
D Accessory After the Fact
C
A principal possesses the requisite mental state and actually engages in the act or omission that causes the criminal result. An accomplice possesses the intent that the crime be committed and aids, counsels, or encourages the principal before or during the commission of the crime. An accessory after the fact receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction. Note that the crime committed by the principal must be a felony, and it must be completed at the time the aid is rendered. An accessory before the fact, under common law, aids, abets, or encourages the principal but is not present at the crime. Modern statutes do not recognize an accessory before the fact as a distinct party to a crime. QUESTION ID: C0021 Additional Learning
Which of the following can never satisfy the physical act requirement for criminal liability?
A A failure to act
B Mere possession of contraband
C A thought
C
A thought alone is never considered a physical act. A defendant cannot be held criminally liable for bad thoughts; there must be some bodily movement. Mere possession of contraband can constitute a physical act. Statutes that penalize possession of contraband generally require only that the defendant have control of the item long enough to have an opportunity to terminate the possession. A failure to act can give rise to criminal liability. A defendant may be held criminally liable for failing to act if he had a legal duty to act created by a statute, a contract, the relationship between the defendant and the victim, the voluntary assumption of care by the defendant of the victim, or the creation of peril by the defendant. The defendant must also have been aware of the facts giving rise to the legal duty to act, and it must have been reasonably possible for the defendant to perform the duty. QUESTION ID: C0001C Additional Learning
