Chapter 6 Powerpoint pt. 2 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 6 Powerpoint pt. 2 > Flashcards

Flashcards in Chapter 6 Powerpoint pt. 2 Deck (43)
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1
Q

Complicity= aiding, assisting, inciting, counseling, encouraging another to commit a crime; or failure to fulfill a legal duty to intervene + purpose to _________ or ______ another to commit the crime

A

encourage

assist

2
Q

Complicity= aiding, assisting, inciting, counseling, encouraging another to commit a _____; or failure to fulfill a legal duty to ________ + purpose to encourage or assist another to commit the crime

A

crime

intervene

3
Q

_________= aiding, assisting, inciting, counseling, encouraging another to commit a crime; or failure to fulfill a legal duty to intervene + purpose to encourage or assist another to commit the crime

A

Complicity

4
Q

What are the elements that constitute to “accessory after the fact”?

A

(1) Commission of a Felony
(2) Knowledge
(3) Affirmative Act
(4) Criminal Intent

5
Q

Which element of “accessory after the fact” is this: There must be a completed felony. The crime need not have been detected or formal charges filed?

A

Commission of a Felony

6
Q

Which element of “accessory after the fact” is this: The defendant must possess awareness that the individual whom he or she is assisting has committed a felony?

A

Knowledge

7
Q

Which element of “accessory after the fact” is this: The accessory must take affirmative steps to hinder the felon’s arrest; a refusal or failure to report the crime or to provide information to the authorities is not sufficient?

A

Affirmative Act

8
Q

Which element of “accessory after the fact” is this: The defendant must provide assistance with the intent or purpose of hindering the detection, apprehension, prosecution, conviction, or punishment of the individual receiving assistance?

A

Criminal Intent

9
Q

According to the ‘Affirmative Act’ element of “Accessory After the Fact”; _______ or _______ to report the crime or to provide information to the authorities is not sufficient.

A

Refusal

failure

10
Q

According to the ‘Affirmative Act’ element of “Accessory After the Fact”; Refusal or failure to report the _____ or to provide __________ to the authorities is not sufficient.

A

crime

information

11
Q

According to the ‘__________ _____’ element of “Accessory After the Fact”; Refusal or failure to report the crime or to provide information to the authorities is not sufficient.

A

Affirmative Act

12
Q

What happened in the State v. Robinson case?

A
  • Robinson (the “defendant”), was pulled over for driving with a revoked license.
  • He was then arrested and the police officer proceeded to do a thorough search of the defendant’s person whereby the officer found a closed cigarette pack which contained heroin.
13
Q

‘Accessories after the fact’ are now held liable for a separate, less serious ______ or for a .

A

felony

14
Q

‘__________ _____ ____ ____’ are now held liable for a separate, less serious felony or for a misdemeanor.

A

Accessories after the fact

15
Q

Accessory after the fact= _________ or _______ an individual + whom he or she knows to have committed a felony + in order to hinder the perpetrator’s arrest, prosecution, or conviction.

A

conceals

assists

16
Q

Accessory after the fact= conceals or assists an individual + whom he or she knows to have committed a _______ + in order to hinder the perpetrator’s arrest, prosecution, or conviction.

A

felony

17
Q

Accessory after the fact= conceals or assists an individual + whom he or she knows to have committed a felony + in order to hinder the perpetrator’s ______, _________, or ________.

A

arrest
prosecution
conviction

18
Q

__________ _____ ____ _____= conceals or assists an individual + whom he or she knows to have committed a felony + in order to hinder the perpetrator’s arrest, prosecution, or conviction.

A

Accessory after the fact

19
Q

Vicarious liability is employed to hold employers and business executives and corporations (which are considered “legal persons”) ______ for the criminal acts of __________.

A

liable

employees

20
Q

_________ _________ is employed to hold employers and business executives and corporations (which are considered “legal persons”) liable for the criminal acts of employees.

A

Vicarious liability

21
Q

________ _________ imposes criminal liability on an individual for a criminal act committed by another.

A

Vicarious liability

22
Q

Vicarious liability is similar to _____ liability.

A

strict

23
Q

________ liability is similar to strict liability.

A

Vicarious

24
Q

Vicarious liability, holds ______ ______ responsible for tickets.

A

vehicle owners

25
Q

Vicarious liability, holds _______ liable for actions of children.

A

parents

26
Q

Vicarious liability, holds parents liable for actions of ________.

A

children

27
Q

What happened in the U.S. v. Dotterweich case?

A

Affirmed in 1943 that corporations, along with corporate executives and employees, could be held criminally liable under the Food and Drug Act.

28
Q

Corporate crime may result in the criminal conviction of the __________ committing the offense as well as the extension of vicarious liability to the _______ and the __________.

A

employee
owner
corporation

29
Q

Once it is determined that a statute encompasses corporations, what are the two primary tests for determining whether a corporation should be criminally liable under the statute?

A

(1) Respondeat Superior or the Responsibility of a Superior

(2) Model Penal Code Section 2.07

30
Q

Under the corporate liability; there is a distinction between “_______ persons” and “_________ persons”

A

natural

corporate

31
Q

Which test for corporate liability is this; Corporation may be held liable for the conduct of an employee who commits a crime within the scope of his or her employment who possesses the intent to benefit the corporation even if such acts are contrary to corporate policy

A

Respondeat Superior or the Responsibility of the Superior

32
Q

Which test for corporate liability is this; Liability is imposed when 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 employment

A

Model Penal Code Section 2.07

33
Q

Vicarious liability= voluntary act or omission or possession by another + _______ of employer or parent or owner of automobile

A

status

34
Q

________ _______= voluntary act or omission or possession by another + status of employer or parent or owner of automobile

A

Vicarious liability

35
Q

Vicarious liability= voluntary act or omission or possession by _______ + status of employer or parent or owner of automobile

A

another

36
Q

What happened in the Commonwealth v. Koczwara case?

A
  • Bartender sold liquor to minors.
  • The owner of the bar (D) was not present, and testimony was given to support D had no knowledge of the acts claimed.
  • Owner had previously been found guilty of a similar violation.
  • The court affirmed the conviction under the Code, declared that the sentence of imprisonment was invalid, and left the imposition of a fine intact.
37
Q

______ ______ ___________ – the owner is responsible for the tickets unless he or she presents evidence that he or she was not responsible.

A

Prima facie responsibility

38
Q

What are teen party ordinances?

A

holds adults liable for hosting a party for minors where alcohol is served

39
Q

Social host liability laws – holds adults liable for providing ______ in their home to minors in the event that an accident or injury occurs.

A

liquor

40
Q

______ ____ _______ laws – holds adults liable for providing liquor in their home to minors in the event that an accident or injury occurs.

A

Social host liability

41
Q

_______ __________ laws – parents are responsible for the crimes of their children.

A

Parental responsibility

42
Q

Parental responsibility laws – parents are responsible for the ______ of their children.

A

crimes

43
Q

Parental responsibility laws were ruled unconstitutional in which states?

A

Connecticut, Louisiana, Oregon, and Wyoming