quiz 2 Flashcards
Accomplice
Someone who knowingly and willingly associates in the commission of a criminal offense and who intentionally assists another in the commission of a crime.
Accomplice Liability
The accountability of one individual for the criminal act or acts of another.
Aid and abet
To assist or facilitate a person in accomplishing a crime.
Principal
One who is present at and participates in the crime charged or who procures an innocent agent to commit the crime.
MPC
Model Penal Code functions as a model for the reform of principles of American criminal responsibility.
Accessory
One who aids in the commission of a crime without being present when the crime is committed.
Accessory before the fact
One who intentionally counsels, solicits, or commands another in the commission of a crime.
Accessory after the fact
One who intentionally aids another who he or she knows has committed a felony, in order for the person assisted to avoid criminal prosecution and punishment.
Affirmative acts
may be either physical assistance or psychological influence.
Acts of omission
Failure to act to prevent another from committing a crime.
Accountability
A person is guilty of an offense if it is committed by his own conduct, by the conduct of another person for which he is legally accountable, or both.
Purpose
the mental state of intent, makes one liable as an accomplice.
Criminal Facilitation
when an individual knowingly aids another but does not truly have a separate intent to aid in the commission of the underlying offense.
Criminal Facilitation
when an individual knowingly aids another but does not truly have a separate intent to aid in the commission of the underlying offense.
Agent provocateur (feigning accomplice)
Someone who intends for the principal to fail in his or her illegal venture and, because of this lack of causation, is not an accomplice.
Entrapment
When officers or agents of the government, for the purpose of instituting a criminal prosecution against a person, induce an otherwise innocent person to commit a crime that he or she had not contemplated.
Negligent Acts
Liability as an accomplice can also extend to negligent and reckless conduct on the part of the primary actor that results in a criminal offense.
Innocent agent or instrumentality
An object, animal, or person who cannot be culpable under the law, such as an insane person or a child, that is used by a principal to commit a crime.
Nonproxyable offense
A crime that can be committed only through the actor’s own conduct and cannot be committed by an agent.
Conspiracy
A partnership in crime, defined as an agreement between two or more people to achieve a criminal purpose or to achieve a lawful purpose using unlawful means also called a common criminal enterprise.
Agency theory
The theory that all conspirators act as the agents of (and represent) their co-conspirators involved in a criminal scheme and are liable for all criminal acts committed by any of their co-conspirators.
Pinkerton doctrine
The doctrine that holds a person associated with a conspiracy responsible for any criminal act committed by a co-conspirator if the act is within the scope of the conspiracy and is a foreseeable result of the criminal scheme.
