Offender Roles Flashcards
What are the two elements of being a accomplice
1) intentional participation
2) criminal mindset
To be an accomplice a person does_______ have to be present at scene of the crime
Not
(An accomplice may help plan the crime, even though he is not at the scene when it occurs. An example is a gang leader who orders a murder)
Planning the crime, encouraging the crime at the scene, serving as a lookout, participating in the physical
Acts that make up the crime and helping the escape are all examples of someone being an________
Accomplice
What is the definition of accomplice which was simplified by the SJC in Comm vs Zanetti
One who knowingly participates in the crime with the intent required for that offense.
A party moved a Camera so it would not record the area where a planned assault will occur. Are they an accomplice ?
This proves they are an accomplice. They intended the crime of mayhem
(Comm vs Sylvia)
A party begins to stab another party when his friend (suspect) starts stomping the victim. Is the suspect an accomplice to ABDW
Yes he intended the A&B and knew his friend was armed
You don’t need to prove which suspect was the principal and which was the accomplice as long as there is ______ that they both were involved in the underlying offense
Proof
________ of one accomplice made after the criminal enterprise has ended can be used against another accomplice
Statements
Two men attempt to crash a party. When they’re discovered a fight breaks out and the friend attempts to knife the party guests. Is the suspect an accomplice to breaking and entering with the intent to commit a felony ?
No because there was no evidence the suspect intended to harm the occupants. He was only trying to (trespass) or crash the party
A defendant point his gun at the victim, but does not shoot. Instead he hands his gun to the codefendant who shoots the victim. Is the defendant guilty of an accomplice ?
Yes he die not communicate his withdrawal to the other participant in a timely and effective manner
Tina lured the victim to her home and left. Other men then held the male victim for ransom. Is Tina an accomplice to kidnapping for ransom ?
Yes
Leaving her home was too late to be a withdrawal, since she was the one who started the crime in motion
The principles crime must be a felony and the accessory after the fact must have ________ knowledge of the crime
sufficient
A party has specific intent, commits an overt act
What is the right of arrest for being the accomplice of a crime ?
Depends on the crime
A person is an accomplice when his presence ______ the perpetrator by giving him hope of immediate assistance
Encourages
A party is an accomplice when they serve as a ________
Lookout
________ ________ is required. It is insufficient to prove only that the alleged accomplice was present at the scene or that he knew a crime would occur and did not prevent it
Intentional participation
Participation simply means that the accomplice _________ ____ with the principle before or during the crime
consciously acted
The accomplice does not have to be _______ for the entire crime
present
Officers may use ________ evidence to prove involvement as an accomplice
circumstantial
An accomplice must participate while having the _______ necessary to commit the crime
intent
(Criminal mindset)
An accomplice may only be convicted for crime they _______
Intended
(Comm vs Gilliard : defendant could not be convicted of murder because his intent was merely to get involved in a first fight)
One an accomplice knows the principle has a ________, he is responsible for the resulting crime
Weapon
(This is true even if the principle assured the accomplice that he would not use the weapon, it was unloaded or that it was a different weapon then the one he actually brought)
A suspected may be convicted as an accomplice even though his codefendant is ________
Acquitted
A suspect is not an accomplice if he clearly _______ before the crime
Withdraws
If the withdrawal of an accomplice comes so late that the crime cannot be stopped it is not legally _______
effective
After knowing a felony was committed the suspect knowingly harbored, concealed or someone assisted; An identifiable felon or accomplice unless that person was a protected relative of the suspect; With the intent that the felon or accomplice would avoid or escape arrest or trial is the elements for what crime?
Accessory After the Fact 274/4
What is the right of arrest for Accessory after the fact ?
Felony
An accessory must know the ________ felony and felons identity
underlying
Time is not an ________ to Accessory After the Fact
Element
(Comm. vs Simms BF attempted to help GF who committed murder by hiding weapon and stating he would help her escape. He had a change of heart the next day and convinced his GF to turn herself in. It did not matter he changed his mind he was accessory for original acts)
False statements and _____ to cooperate not typically accessory after the fact
Refusal
(This behavior is not enough to prove accessory after the fact )
Party is ________ for the crimes of felon
Liable
(The parties liability as an accessory is linked to the actual crimes perpetrated by the principle. Comm v Perez The defendant helped two shooters escape. He was charged with two counts of being an accessory to the parties being shot even though he only assisted that one time )
It must be proven that the defendant is not the husband, wife or by blood, marriage or adoption, the parent or grandparent, child or grandchild, brother or sister of the felon to charge ________ ____ ___ _______
Accessory After the Fact
When a person is at the scene of a crime and knows that another person is the victim of rape, murder, manslaughter or armed robbery and fails to report the crime to law enforcement official as soon as practical, even though he can do so “without danger or peril to himself or other” is the elements to what crime ?
Failure to report a violent crime
Right of Arrest for Failure to report a Violent Crime
Complaint
The suspect had specific intent to commit the crime and took some overt act towards its commission and did not complete the crime because the effort failed or was interrupted. These are the elements of what crime ?
Attempt to Commit a Crime
(This law punishes the offender who intends to commit a crime, take a specific step toward doing so and for some reason fails)
Right of arrest for attempt to commit a crime ?
The right of arrest depends on the penalty for the underlying offense
If an attempt involves a felony which is punishable by at least 5 Years in SP: Felony
If an attempt involves a Felony by less the 5 years or any misdemeanor: Complaint
If an attempt involves any Larceny under: Warrantless arrest in presence regardless of the value of the property
In attempt to commit a crime the party commits the ______ ____ necessary to complete the intended crime but, for some reason, such as bad aim or back luck, fails to perpetrate the crime
Last Act
In attempt to commit a crime the offender fails to complete the crime because they are ________ by police or another third party
Intercepted
A ________ is an agreement between two or more people to do something unlawful
Conspiracy
What is the right of arrest for a Conspiracy
If the object of the conspiracy or any means used to achieve the conspiracy is the commission of a felony: Felony
If the object of the conspiracy is a misdemeanor : Complaint
The Conspiracy is complete at the time of the _________
Agreement
(No overt act is necessary. Comm vs Royce: Conspiracy found where defendant suggested the idea of a robbery and negotiated a %10 fee. Fact that defendant never participated in robbery irrelevant )
The goal for Conspiracy does not have to be ________
Immediate
(Comm v Dellinger defendants had clearly conspired to steal even though they did not pick a specific date and time)
In Conspiracy more then association or ________ required
Knowledge
(It is not enough that the suspect knew about the conspiracy or associated the the conspirators. The suspect must actually join the conspiracy)
At least two persons are required to constitute a conspiracy but the identity of the other member can be ________
Unknown
Conspiracy must often be proven with ________ evidence because there is no direct evidence of the agreement
Circumstantial
Conduct undertaken _______ an offender joined the conspiracy may be used against him
Before
(The fact that cocaine was possessed by his coconspirators before the defendant joined did not prevent it from being used as evidence of conspiracy)
Conspiracy is not ________ over when law enforcement frustrates their objective
Automatically
( Police stopped truck full of drugs in Nevada. The enlisted the two drivers in a sting and drove the truck to Idaho for the drop off. Feds arrested two parties in Idaho, They argued that conspiracy was over when truck was stopped. Supreme court disagreed said they shouldn’t be allowed to avoid the government trap)
Massachusetts adopts the ________ view of conspiracy
Bilateral
( Meaning needs two defendants for conspiracy. Cant have an undercover and a defendant. )
Massachusetts MAY adopt the defense of ___________ of the conspiracy
Renunciation
(Renunciation means that a person after entering into a conspiracy, decides to voluntarily renounce or abandon his criminal purpose)
What the difference between an accomplice and conspirator ?
An accomplice must MEANINGFULLY participate in the crime but does not have to agree with the principle in advance.
Conspiracy requires an AGREEMENT to work together but not a completed crime
Conspiracy is considered a _______ offense from the underlying crime which is the object of the conspiracy
Separate
(Example: A person can be charged with drug distribution AND conspiracy to distribute drugs if he worked with another offender )
When a suspect solicited, advised or otherwise enticed another to commit a felony and intended for the person to commit, or arrange for another to commit the felony is the elements of what crime ?
Solicitation of a felony
274/8
Right of arrest for solicitation of a felony ?
If Solicited offense is punishable in SP for 10 years or more: Felony
If solicited offense is punishable by less then 10 years: Complaint
(This offense may be charged in district Court)
The crime of Solicitation is complete at the point of ________
Solicitation
(The other party does not have to agree to commit the crime. This is the reason an undercover can be solicited)
Solicitation even occurs if the defendant asks a person to ________ for another person to commit the felony
Arrange
(Comm vs Wolcott: The defendant asked her cousin to arrange a hit man to kill her husband)
