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Flashcards in Unit 2 Deck (67):
1

a crime is........ (definition)

........ any act or omission that is forbidden by law (or penal code) as a violation of the public interest. 56

2

although the actual victim of a crime is often a person, legally the victim is the ______.

community 56

3

Punishments for crimes can take many forms, all of which carry one essential characteristic that distinguishes criminal from civil wrongdoing in Anglo-American Law:

the condemnation and stigma that accompanies conviction of a crime. 57

4

the major difference between the punishment in a crime vs a civil tort is.....

social disapproval vs compensation for damages. 57

5

A civil wrong can be a ______ or a ________.

tort, breach of contract or trust 57

6

What are the 2 significant differences between criminal and civil liability:

1. a crime is committed against the community at large whereas a tort is a wrong against individuals only.
2. the consequences of tort liability are less than the consequences of criminal liability. 57

7

3 main categories of crimes:

felonies, misdemeanors, petty offenses 58

8

actus reas is....

the voluntary act

9

means rea is.....

the intent behind the act

10

Petty offenses are those where there is only a ______.

fine

11

The modern definition of a ________is any serious crime that is punishable by more than a year of imprisonment or by death.

felony 59

12

_________ is a crime that is less serious than a felony and is usually punishable by fines, penalties, or incarceration of less than one year.

misdemeanor 59

13

a ______ is any insignificant crime involving very minor misconduct and often consist of violations that protect public welfare.

petty offense 59

14

criminal responsibility or liability has 5 elements:

1. actus reus *
2. mens rea *
3. a unity of act and intent
4. the occurrence of harm to a person, property, or society (causation)
5. resulting social harm 61

15

you ______ be punished for merely thinking about a crime.

can NOT 63

16

________ are narrowly defined circumstances in which a failure to act is viewed as a criminal act.

omissions 63

17

failure to register for the draft, failure to care for your child, or failure to file an income tax return are examples of ________.

omissions 63

18

the intention to commit an act for the purpose of doing some act, to achieve some further consequences, or with the awareness of a statutory attendant circumstance is termed ______.

Specific intent 67

19

_______ usually means the emotion prompting a person to act. It _______ a form a mens rea and therefore ______ a required element of proof for criminal culpability.

motive, is NOT, is NOT 67

20

crimes that do not require proof of specific states of mind are ______. ______ is the intent only to do the actus reas of the crime.

general intent (x2) 67

21

the mens rea requirement for murder is manny jurisdictions is malice aforethought, a form of mens rea that can exist in 4 different mental states:

1. a specific intent to kill
2. an intent to inflict serious bodily injury
3. a wanton disregard for human life
4. the commission of a dangerous felony

22

although petty offense may be technically offense classified under criminal codes, the MPC classifies them as _________.

noncriminal 60

23

________ criminalize the possession of certain items or substances. _______ is required, thus a guest at a dwelling where narcotics are found, could not be found in actual possession of the drugs and therefore not guilty.

possessory, actual possession 66

24

an example of ________ would be when a person intends to harm one person but mistakenly injures or kills another.

transferred intent 69

25

Involuntary manslaughter only requires the mens rea of: (2)

1. negligence or
2. the commission of an unlawful act not amounting to a felony 67

26

for voluntary manslaughter, many jurisdictions require the mens rea of (2):

1. intent to kill
2.but in the heat of passion 67

27

__________ means that a person can be convicted of a crime without having any requisite mental state or intention to commit the crime. An example would be:

strict liability 70

examples: statutory rape only requires proof of the sexual act with a minor.

28

classifications of mental states (4)

1. acting with purpose
2. acting negligently
3. acting knowingly
4. acting recklessly 71

29

to determine whether the defendant's actions were the _________ of the result, the courts apply the ________.

cause-in-fact, but-for-test 73

30

what is the but-for-test?

"but for the defendant's conduct, would the social harm have occurred when it did?" 73

31

_________ is that cause, from among all of the causes-in-fact that may exist, that is the legal cause of the social harm.

proximate cause 73

32

_________ is a cause other than the defendant's conduct that contributes to the social harm.

intervening cause 73.

example: a person recklessly hits child with their car and then a driver behind accidentally runs over the child.

33

crimes that cause a specific result are termed ________.

result crimes 72.

example: a homicide because the defendants conduct results in the death of another human

34

intervening causes that are either largely foreseeable or related to the defendant's conduct, so their existence still makes the defendant liable for the resulting social harm are termed __________ .

dependent intervening causes. 74

35

in addition to the 2 elements of actus reas and mens rea, a crime also requires the concurrence of these 2 elements:

1. the mens rea must have been present at the same moment in time that the accused did the act (or omission) that caused the social harm.
2. the concurrence must be motivational 74

36

the component of the concurrence of elements that states that the motivation to commit a specific crime must be present is termed ________.

motivational requirement

37

an ______ is someone who knowingly and willingly associates with others in the commission of a criminal offense.

accomplice 81

38

__________ also referred to as ______, does not constitute an independent criminal offense. Rather, it exists only when a person is held liable as a result of a criminal offense.

accomplice liability, complicity 81

39

common law separated accomplice liability into 4 main categories:

1. principle in the first degree
2. principle in the second degree
3. accessory before the fact
4. accessory after the fact 82

40

a person is a ________ if he or she physically commits the criminal act or commits the offense by use of an innocent instrumentality.

principle in the first degree 82

41

a ________ is one who intentionally assists in the commission of a crime in his or her presence. That presence can be actual or constructive presence.

principle in the second degree 82

42

________ presence is satisfied if the individual is within the vicinity of the crime and is able to assist the primary actor if necessary.

constructive 82.

43

a person who cases the bank to determine where the vaults are and provides the layout of the bank, but does not physically participate in the robbery, is an _________.

accessory before the fact 82

44

an ______________ is a person who intentionally aids another whom he or she knows has committed a felony, in order to help that person avoid criminal prosecution and punishment.

accessory after the fact 82

45

because the law requires actus reas for their to be a criminal violation, in the instance of an accomplice liability the law requires some act or conduct that contributes to the commission of the crime. The contribution may arise either through some _______ or by an _______.

affirmative act, omission 84

46

failure to act to prevent another from committing a crime - known as an _______, can be a basis for complicity if the person has a legal duty act or intervene.

omission 84

47

_______, which is the mental state of _____, makes one liable as an accomplice. Some examples are?

purpose, intent,

examples: a store owner sells a gun to someone they know intends to use it in a criminal manner.

a pharmacists sells drugs to someone they know will use it them in an illegal manner.

88

48

True or false: for accomplice liability, the law requires some act or conduct that contributes towards the commission of a crime.

true

49

sometimes assistance is not accepted, not needed, or does not help a perpetrator in the committing of a crime. This is known as ______ assistance and ______ prosecutable as a crime.

ineffectual, is NOT

50

_________ is 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 89

51

an ________ is 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. A good example would be ___________.

agent provocateur

example: source helping the police. 90

52

the difference between an agent provocateur and entrapment is that with entrapment _______________.

the person (usually the police) makes the targeted individual commit a crime they would not have normally committed on their own. 91

53

generally liability only extends the accomplice regarding crimes they contemplated and reasonably believed would be committed; however, in some states the ____________ holds an accomplice liable not only for the offense he or she intended to facilitate or encourage, but also for any natural and foreseeable additional offenses committed by the principal to whom he or she is an accomplice.

natural and probable consequences doctrine 93

54

the MPC _________ follow the natural and probable consequences doctrine.

does NOT 94

55

an agent provocateur is also known as a __________.

feigning accomplice

56

an _________ or ________ is a person, that physically commits the criminal act but does not act with criminal intent because he or she was coerced, forced, or tricked into committing the act.

innocent agent or instrumentality 96

57

a person uses as an innocent agent who has any of the following excuses will not be held liable for a criminal offense: (3)

1. insanity
2. infancy, or being a minor
3. duress 96

58

a __________ is a crime that can be committed only through the actor's own conduct and cannot be committed by an agent.

nonproxyable offense

Example: a person cannot place a drunk and disorderly person in the public and then be charged as the principal because the crime could only be committed by the individual, not the agent. 97

59

when an undercover officer sets up willing accomplices by pretending to commit a crime, the officer is a _____________.

feigning primary party 99

60

To help determine if entrapment occurred, many jurisdictions have adopted the ________ test. Under this test 2 inquiries are made.

Sherman-Sorrells

1. Whether the offense was induced by a government agent.
2. Whether the defendant was predisposed to commit the offense. 100

61

Some jurisdictions use the MPC methods to determine if entrapment occurred which is called the __________ test. Under this test the court inquires as to whether or not the police officer used ______ or _______ which creates a substantial risk that such an offense will be committed. This test is used to _______________.

Objective, persuasion, inducement, deter police misconduct 100

62

The MPC objective test for determining entrapment is ___________________.

focused on an officer's actions who entraps a person

63

In order to end liability as an accomplice, an aider and abettor of a principal in a criminal offense must...........

abandon the agreement to commit the planned offense.

64

a _______ is a partnership in crime, defined as an agreement between 2 or more people to achieve a criminal purpose or to achieve a lawful purpose using unlawful means. This is also called a ___________

conspiracy, criminal enterprise 104

65

Extended conspiratorial liability is based on _______, which holds that all conspirators act as the agents of the other conspirators involved in the criminal scheme and are liable for all criminal acts committed by any of their co-conspirators.

agency theory 104

66

Under the __________ a person associated with a conspiracy is 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.

Pinkerton doctrine 104

67

the MPC ________ the extended liability imposed by the Pinkerton doctrine. This essentially used primarily in the _______.

rejects, federal system 105