CRJ Quiz 3

What is meant by bilateral conception of conspiracy?

A charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea.

What does the term Respondent Superior mean?

A corporation may be held liable for the conduct of an employee who commits a crime within the scope of their employment who possesses the intent to benefit the corporation

What is the Natural and Probable Consequence Doctrine?

A person encouraging or facilitating the commission of a crime will be held liable as an accomplice for the crime he or she aided and abetted as well as for crimes that are the natural and probable outcome of the criminal conduct

What is accomplice liability and vicarious liability?

Accomplice liability - Holds individuals responsible who affirmatively aid and abet a criminal act with a purposeful intent. Vicarious liability - Imposes liability on an individual for a criminal act committed by another.

What are the elements of a conspiracy? Are there different types?

An agreement between two or more persons commit a criminal act.

What is required for a claim of abandonment? What steps must a defendant take in some states to satisfy this claim?

An individual who completely and voluntarily renounces his or her criminal purpose is not liable for an attempt.

What are the requirements for the mens rea of accomplice intent?

Assist and intend to assist the commission of a crime

What are the elements of a criminal solicitation?

Commanding, hiring, or encouraging another person to commit a crime

What is the common law "last step approach" to an attempt?

Common law approach to attempt that requires the last step to the completion of a crime

What is corporate liability? Does it apply to both officers and the corporation itself?

Corporate Liability - The imposition of vicarious liability on a corporate officer or corporation

What is the Model Penal Code 2.07 about?

Criminal liability is imposed in those instances that 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 office or employment

What is the difference between factual, inherent, and legal impossibility?

Factual - A criminal act is prevented from being completed because of an extraneous factor Inherent - An act that is incapable of achieving the desired result Legal - The defense that an individual's act does not constitute a crime as a matter of law

What is the difference between Hindering Prosecution and Obstruction of Justice?

Hindering Prosecution - Renders criminal assistance to a person who has committed a class B [or class C] felony Obstruction of Justice - Attempt to hinder the discovery, apprehension, conviction or punishment of anyone who has committed a crime.

What is the mere presence rule?

Mere Presence Rule - Provides that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability.

What is prima facie evidence?

One has enough evidence to prove something by pointing to some basic facts, but that your proof can be refuted.

What is principal, accessory, and accomplice?

Principal - Actual perpetrator Accessory - Individuals involved in assisting an offender following the crime Accomplice - Parties liable as principals before and during the commission of a crime

What is the "Pinkerton Rule" relating to conspiracy?

Provides that a conspiracy to commit a crime and the crime itself are separate and distinct crimes. An individual may be charged with one or both of these offenses

What is the "substantial step" approach to an attempt?

The Model Penal Code approach to determining attempt. There must be a clear step toward the commission of a crime that is not required to be immediately proximate to the crime itself. The act must be committed under circumstances strongly corroborative of an intent to commit a crime.

Can an adult be held responsible for hosting a teen alcohol party? What is it called?

Yes, social host liability laws / teen party ordinances