Studydroid is shutting down on January 1st, 2019

Bookmark and Share

Front Back
Vicarious Liability
The principle of liability for anothe rbased on relationship.
The parties liable as principlas before and during a crime.
The parties liable for separate, lesser offenses following a crime.
Pinkerton rule
The rule that conspiracy and the underlying crime are separate offenses.
mere presence rule
A person's presence at the scene of a crime doesn't by itself satisfy the actus reus requirement of accomplice liability.
There are two types of liability for someone else's criminal act:
Vicarious liability
Parties-to-crime laws establish when a person can be held liable for the crimes of another.
Vicarious liability:
laws establish which types of relationships can creat criminal liability.
At common law, there were four parties to crime;
1. Principals in the first degree
2. Principals in the second degree
3. Accessories before thefact
4. Accessories after the fact
Principals in the first degree
Persons who actually commit the crime
Principals in the second degree
persons present when the crime is committed and who help commit it (lookouts and getaway drivers)
Accessories before the fact
Persons not present when the crimes are committed but who help before the crime is committed (for example, someone who provided a weapon used in a murder)
Accessories after the fact
Persons who help after the crime is committed (harboring a fugitive)
Today's law has two parties to crime
Participants before and during the commission of crimes
Participants after crimes are committed.
Accomplice Actus reus
Words such at aid, abet, assist, counsel, procure, hire, or induce
examples: Providing guns, serving as a lookout, driving a getaway car.
Accomplice Mens Rea
Purposely acting clearly qualifies
Jurisdictions vary and sometimes are confused as to whether knowledge, recklessness, or negligence qualify.
Elements of accessory after the fact
1. Accessory personally helped the person who committed teh felony (actus reus element)
2. Accessory knew a felony was committed (mens rea element).
3. Accessory helped for the purpose of hindering prosecution (mens rea element)
4. Someone other than the accessory actually committed a felony (circumstance element).
Enterprise Vicarious Liability
A corporation can't have a state of mind because it can't think, so prosecutors have to rely on two doctrines to prove corporate criminal liability:
1. Strict liability
2. Vicarious liability
Strict liability
Removes the mental element
Vicarious liability
Attaches the intent of managers and agents to the corporation.
Individual Vicarious Liability
Normally applies to vehicles and parental responsibility
Individual Vicarious Liability as it applies to vechicles
Owners are liable for some traffic violations involving their vehicles, regardless of who violated the law.
Individual Vicarious Liability as it applies to parental responsibility
Parents can be held responsible for the acts of their children.
ex. some statutes which hold arents liable for failure to supervise their child (omission in the parents actus reus) with vicarious liability statutes which hold parents responsible for the acts committed by their child.
Criminal liability is imposed on accomplices and accessories because they:
participated in the crimes.
Mr. X robs a liquor store.  Mr. Y waits ouside as a lookout.  under the common law, with regard to the bank robbery, Mr. Y is a
Ms. X Commitss an armed robbery.  A few weeks before, she got the firearms from Ms. Y.  Ms. Y has no other involvement in the robbery.  Under the common law approach, Ms. Y is an
The Modern approach to complicity:
Classifies those involved as either accomplices or accessories.
In the modern approach to complicity, persons who participate before and during the commission of a crime are known as:
In the moden approach to complicity, persons who participate after crimes are committed are known as:
An agreement to commit a crime is a:
The rule that the conspiracy to commit the crime and the crime committed as a result of the conspiracy are different offenses is known as the _____ rule.
The ______ of accomplice liability is frequently defined as aiding, abetting, or assisting another to commit a crime.
actus reus
If they encourage and approve the commission of a crime, words can amount to:
accomplice actus reus.
In general, merely being present at the sceen of a crime:
is not sufficent to create accomplice liability.
Mere presence of the defendant at the scene of a crime may creat accomplice liability if:
the defendant had a duty to prevent the crime and fails to prevent or attempt to prevent it.
Iin contrast to earlier court decisions, the court in U.S. v. Peoni added an additional mens rea element to accomplice liability.  It required that, in addition to knowing the crime was to be committed, the defendant desired or intended that:
the offense be committed.
A landlord leases an apartment to a woman he knows will use it for prostitution. the landlord's only interest is getting the rent money. He doesn't care whether she has any clients or not. Under the approach of the U.S. v. Peoni decision, the landlord:
is not an accomplice.
Under the common law, accessories-after-the-fact were:
punished in the same manner as the person who committed the crime.
To assist in convicting corporations, legislatures and prosecutor typically rely on two types of statutes:
strict and vicarious liability.
________ transfers the actus reus and mens rea of an employee to the employer.
Vicarious liability
When the owner of a car is deemed responsible for parking tickets issued on that car, the car's owner:
is presumed responsible for the violation.
It is _______ that parents will be held responsible for their children's crimes under vicarious liability statutes.
Traditional parental responsibility statutes are based on:
the parents' acts and omissions.
The principle regarding parties to crime that establishes the conditions under which more than one person incurs liability before, during, and after committing crimes; when one person is liable for another person's crime.
x of y cards