Exam 6: Parties to Crime and Vicarious Liability

What are the elements of accessory after the fact?

Ava and a friend decide they are going to go to the fireworks on July 4^th and steal as many phones as they can from spectators as they take photographs of the fireworks in the dark. They successfully take 2 or 3 without the somewhat inebriated individuals putting up much of a fight. During her final attempt to take a phone the victim starts to put up a fight and they each begin throwing punches. The friend finds a rock nearby and throws it at the head of a victim, leaving her unconscious and in a coma. If the victim dies, although Ava did not throw the rock, under what doctrine may she be held accountable?

Individuals who assist the perpetrators, knowing that a crime has been committed. This includes those who help the bank robbers escape or hide the stolen money are referred to accessories after the fact.

Holding individuals accountable for intentionally assisting the criminal acts of another is termed principal or principal liability.

The Pinkerton rule provides that a conspiracy to commit a crime and the crime itself are separate and distinct crimes.

The following statement matches which element of accessory after the fact? The defendant must provide assistance with the intent or purpose of hindering detection, apprehension, prosecution, conviction, or punishment of the individual receiving assistance.

The prosecution must establish that the assistance provided by an accessory was essential to the commission of the crime.

The parental responsibility laws provide that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability

Summarize and discuss the United States v. Fountain case. What was the main issue being discussed? What are the findings in this case? Do you agree with the ruling? Why or why not?

______ are required to be either physically or constructively present at the crime scene.

Does the natural and probable consequences doctrine does apply if the defendant would not have participated in the criminal act had he known what events would unfold during the commission of the crime?

The mere presence rule provides that being present and watching the commission of a crime is sufficient to satisfy the actus reus requirement of accomplice liability.

The common law divided the participants in a crime into ______ and ______.

A corporate crime may result in the criminal conviction of the employee committing the offense, but the corporation will never be convicted.

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

Mark and Morris have made plans to rob a neighborhood bank. Jimmy has agreed to be the lookout and the getaway driver as long as he gets a percentage of the stolen money. That Friday, Mark and Morris enter a bank armed with semi-automatic weapons. Jimmy parks the car at a nearby convenience mart and watches for police. After 10 minutes, Mark and Morris run out of the bank with money bags in hand. Jimmy drives around the front of the bank, Mark and Morris jump into the car, and the three drive off. While driving, Jimmy overhears Mark and Morris discussing that they had killed two security officers during the robbery. Name and explain the principals and accessories. Which, if any, of these principals and/or accessories would Jimmy be charged with? Is Jimmy liable for the killing of the two security officers? Why or why not?

All of the following are considered elements of accessories after the fact EXCEPT ______.

What is the actus reus of accomplice liability?

A conviction for accomplice liability requires that a defendant both ______.

Deirdre planned to bomb her high school. She enlisted numerous friends to help her plan and carry out the attack. Jonathan helped her build the bomb but did not participate in setting it off at the school. Tammy acted as a lookout when she placed and detonated the bomb in the school. Kevin drove her to the school and served as the getaway car after detonation. Samantha, her protective little sister, threw away the diagrams and information she found in Deirdre's bedroom days after the incident occurred. Which of these individuals will be charged with the least serious offense?