Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
54 Cards in this Set
- Front
- Back
PARTICIPANTS WHO ARE INVOLVED AFTER THE COMMISION OF A CRIME ARE GUILTY OF A
|
SEPARATE, LESS SERIOUS OFFENSE
|
|
CRIMINAL LIABILITY IS IMPOSED ON ACCOUMPLICES AND ACCESSORIES BECAUSE THEY
|
PARTICIPATED IN THE CRIMES
|
|
PARTICIPANTS BEFORE AND DURING THE COMMISSION OF CRIMES ARE
|
GUILTY OF THE CRIME ITSELF
|
|
PARTICIPNATS AFTER THE COMMISSION OF CRIMES ARE
|
SOMETIMES GUILTY OF A SEPARATE, LESS SERIOUS OFFENSE
|
|
THE COMMON LAW RULES THAT THE ESTABLISHED FOUR DIFFERENT PARTIES TO A CRIME (principals in the first and second dree and accessories before and after the fact) WERE PROBABLY A REACTION TO
|
THE FACT THAT MOST FELONIES WERE CAPITAL OFFENSES
|
|
WHICH LIABILITY HAS TO BE CREATED BY STATUTES
|
VICARIOUS LIABILITY
|
|
PARTICIPANTS AFTER CRIMES ARE COMMITTED ARE KNOW AS
|
ACCESSORES
|
|
WHICH OF THE FOLLOWING CASES INVOLVES THE MERE PRESENCE RULE
|
BAILEY V US
|
|
AN AGREEMENT TO COMMIT A CRIME IS A
|
CONSIPRACY
|
|
WHAT IS THE NAME OF THE RULE THAT THE CONSPIRACY TO COMMIT THE CRIME AND THE CRIME COMMITTED AS A RESULT OF THE CONSPIRACY ARE DIFFERENT OFFENSES
|
THE PINKERTON RULE
|
|
ACCORDING TO WHAT RULE IS EVEN PRESENCE AT THE SCENE OF A CRIME FOLLOWED BY FLIGHT NOT ENOUGH ACTION TO SATISFY THE ACTUS REUS REQUIREMENT OF A CCOMPLICE LIABILITY
|
THE MERE PRESENCE RULE
|
|
IF THEY ENCOURAGE AND APPROVE THE COMMISSION OF A CRIME, WORDS CAN AMOUNT TO
|
ACCOMPLICE ACTUS REUS
|
|
IN GENERAL, MERELY BEIN PRESENT AT THE SCENE OF A CRIME
|
IS NOT SUFFICEIENT TO CREATE ACCOMPLICE LIABILITY
|
|
MERE PRESENCE OF THE DEFENDANT AT THE SCENE OF A CRIME MAY CREATE ACCOMPLICE LIABILITY
|
THE DEFENDAT HAS A DUTY TO PREVENT THE CRIME AND FAILS TO PREVENT OR ATTEMPT TO PREVENT IT
|
|
WHICH OF THE OLLOWING CASES INVOLVES BEING AN ACCESSORY AFTER THE FACT
|
STATE V CHISM
|
|
VICARIOUS LIABILITY TRANSFERS THE ATUS REUS AND THE MENS REA OF ONE PERSON TO ANOTHER PERSON OR FROM ONE OR MORE PERSONS TO AN ENTERPRICE BECAUSE OF THEIR
|
RELATIONSHIP
|
|
WHAT DRAMATICALLY CHANGED THE NATURE OF CORPORATIONS FROM GOVERMENT ENTITIES CRONTROLLED BY GIVERMENT TO PRIVATE BUSINESS OPERATED BY INTERNAL MANAGEMENT
|
THE INDUSTRIAL REVOLUTION
|
|
WHAT WAS THE COURTS RATIONALE FOR EXTENDING VICARIOUS LIABILITY BY THE DOCTRINE OF RESPONDEAT SUPERIOR
|
THE HISTORY OF THE TIMES
|
|
WHICH OF THE FOLLOWING CSES INVOLVED ENRON AN AN ACCOUNTING FIRM THAT WAS CONVICTED OF OBSTRUCTING THE SECURITIES AND EXCHANGE COMMISSION
|
US V ARTHUR ANDERSEN, LLP 2004
|
|
COURT DECISION HAVE MADE THE MENS REA ELEMENT OF ACCOMPLICE LIABILITY
|
confusing some courts have required only that the accomplice know they are facilitating a crime and other courts require both knowledge and a desire for the crime to occur
|
|
WHAT TYPE OF LIABILITY ESTABLISHS WHEN YOU CAN BE CRIMINALLY LIABLE FOR SOMEONE ELSES CONDUCT
|
COMPLICITY
|
|
WHAT TYPE OF LIABILITY ESTABLISHES WHEN A PARTY CAN BE CRIMINALLY LIABLE BECAUSE OF A RELATIONSHIP
|
VICARIOUS
|
|
UNDER THE COMMON LAW, ACCESSORIES AFTER THE FACT WERE
|
punished in the same manner as the person who committed the crime
|
|
MODERN ACCESSORY AFTER THE FACT STATUTES TYPICALLY HAVE HOW MANY MENS REA ELEMENTS
|
2
|
|
WHAT ARE THE 2 PARTIES TO CRIME THAT EXIST TODAY
|
accomplices participants and accessories participants
|
|
MOST VICARIOUS LIABILITY INVOLVES WHICH OF THE FOLLOWING RELATIONSHIPS
|
BUSINESS
|
|
LIABILITY BASED ON OWNERSHIP OR OPERATION OF A BUSINESS MAY BE SPECIFICALLY IMPOSED BY
|
STATUTE
|
|
ACCESSORY TO CRIME IS A SEPARATE OFFENSE USUALLY A
|
MISDEMEANOR
|
|
PURPOSELY ACTING AND WANTING A CRIME TO SUCCEED CLEARLY QUALIFIES AS ACCOMPLICE
|
MENS REA
|
|
WHAT TRANSFERS THE ACTUS REUS AND MENS REA OF AN EMPLOYEE TO THE EMPLOYER
|
VICARIOUS LIABILITY
|
|
CRIMINAL LIABILITY OF CORPORATIONS IS A FORM OF WHAT KIND OF LIABILITY
|
VICARIOUS
|
|
VICARIOUS LIABILITY FOR ANOTHERS CRIME IS
|
CREATED BY STATUTE
|
|
VICARIOUS LIABILITY CAN APPLY EITHER TO ENTERPRISES OR TO
|
INDIVIDUALS
|
|
PARENTS RESPONSIBLILITY STATUTUES ARE BASED ON PARENTS ACTS AND
|
OMISSIONS
|
|
VICARIOUS LIABILITY STATUTES GREW OUT OF PUBLIC FEAR FRUSTATION AND ANGER OVER JUVENILE VIOLENCE AND PARENTS
|
FAILURE TO CONTROL THEIR KIDS
|
|
AT COMMON LAW THERE WERE FOUR PARTIES TO CRIME
|
T
|
|
COMPLICITY ESTABLISHED WHEN YOU CAN BE CRIMINALLY LIABLE FOR SOMEONE ELSES CONDUCT
|
T
|
|
VICARIOUS LIABILITY IS BASED ON RELATIONSHIPS
|
T
|
|
V ICARIOUS LIABILITY TRANSFERS THE CRIMINAL CONDUCT OF ONE PARTY TO ANOTHER BECAUSE OF THEIR RELATIONSHIP
|
T
|
|
THE PINKERTON RULE STATES THAT THE CRIME OF CONSPIRACY AND THE CRIME THE CONSPIRATORS ACTUALLY COMMIT AS A RESULT OF THEIR CONSPIRACY ARE SEPARATE OFFENSES
|
T
|
|
VICARIOUS LIABILITY HAS TO BE CREATED BY STATUES
|
T
|
|
MERE PRESENCE AT THE SCENE OF A CRIME INST ENOUGH TO SATISFY THE ACCOMPLICE ACTUS REUS REQUIREMENTS
|
T
|
|
FLIGHT FROM THE SCENE OF A CRIME IS ENOUGH EVIDENCE TO CONVICT A PERSON OF A CRIME OR OF BEING AN ACCOMPLICE
|
F
|
|
EVEN IN SITUATIONS WHERE THE DEFENDANT HAS A LEGAL DUTY TO ACT, HIS OR HER MERE PRESENCE AT THE SCENE OF A CRIME IS NOT ENOUGH TO AMOUNT TO ACCOMPLICE ACTUS REUS
|
F
|
|
EARLY COURT DECISION RULED THAT KNOWINGLY HELPING SOMEONE WAS ENOUGH TO PROVE THE MENTAL ELEMTN REQUIRED FOR ACCOMPLICE LIABILITY
|
T
|
|
IN US V PEONI THE COURT RULED THAT ACCOMPLICE LIABILITY ALSO REQUIRES PROOF OF INTENT THAT THE OFFENDER COMMITTED THE CRIME
|
T
|
|
UNDER MODERN ACCESSORY AFTER THE FACT STATUES THE OFFENDER IS PUNISHED AS SEVERLY AS THE OFFENDER WHO COMMITTED THE CRIME
|
F
|
|
VICARIOUS LIABIITY TRANSFERS THE ACTUS REUS AND MENS REA OF ONE PATY TO ANOTHER BAWED ON THEIR RELATIONSHIP
|
T
|
|
ITS USUALLY EASY TO DETERMINE WHO IN A CORPORATION IS RESPONSIBLE FOR CORPORATE CRIMES
|
F
|
|
MOST ACCESSORY AFTER THE FACT STATUES HAVE FOUR ELEMENTS
|
T
|
|
CORPORATIONS CAN BE VICARIOUSLY LIABLE FOR THE CRIMINAL ACTS OF THEIR EMPLOYEES.
|
T
|
|
CRIMINOLOGIST EDWARD SUTHERLAND INTRODUCED US TO THE WHITE COLLAR CRIMINAL
|
T
|
|
VICARIOUS LIABILITY FOR ANOTHERS CRIMINAL CONDUCT HAS BEEN CREATED BY JUDICIAL DECISION
|
F
|
|
TRADITIONAL PARENTAL RESPONSIBILITY LAWS ARE THE SAME AS VICARIOUS LIABILITY
|
F
|