Criminal Law

Front 1

Vicarious liability has to be created by?

Back 1

Statute

Front 2

Vicarious liability makes one liable for the acts of another because of their ______________ to the other.

Back 2

Relationship

Front 3

To understand the different sort of parties to crime you need to appreciate the difference between ___________ and vicarious liability

Back 3

Complicity

Front 4

_________ presence at the scene of a crime is, by itself, not enough to justify conviction as an accomplice

Back 4

Mere

Front 5

Actions taken AFTER crimes are committed aren't themselves _________ actus reus.

Back 5

accomplice

Front 6

____________ is an agreement to commit some other crime.

Back 6

Conspiracy

Front 7

Participants AFTER the commission of a crime are guilty of a _____________, less serious offense.

Back 7

Seperate

Front 8

Participants before and during the commission of crimes are _____________ of the crime

Back 8

Guilty

Front 9

Traditional parent _____________ statutes aren't the same as vicarious liability

Back 9

Responsibility

Front 10

When a person is liable for someone else's conduct

Back 10

Complicity

Front 11

When a relationship between 2 parties makes one party criminally liable for the other party's conduct.

Back 11

Vicarious Liability

Front 12

Mere Presence Rule

Back 12

Mere presence at the scene of a crime is, by itself not enough to justify conviction as an accomplice.

Bailey Vs. Us : Exception Duty To Act

Front 13

Principals in the first degree

Back 13

Persons who actually commit the crime

Front 14

Principals in the second degree

Back 14

Persons present when the crime is committed and who help commit it ( look outs, get a way drivers)

Front 15

Accessories before the fact

Back 15

Not present but helped before ( someone who provided a weapon)

Front 16

Accessories after the fact

Back 16

Help after the crime is committed ( harboring a fugitive)

Front 17

The crime of conspiracy and the crime the conspirators agree to commit are separate offenses.

Back 17

Pinkerton Rule

Front 18

State V. Chisim

Back 18

Accessory after the fact case

Front 19

Respondeat Superior

Back 19

Corporate liability Via Vicarious liability comes through this doctorine.

Front 20

Virtually all vicarious liability statues involve the __________-____________

Back 20

employer-employee

Front 21

Failing to act to stop the crime also fails to meet the requirement unless there was a ________ to act.

Back 21

Duty

Front 22

This theory assumes that we're autonomous agents with the freedom to choose our actions and become accountable for someone else's actions when we voluntarily " join in and identify with those actions"

Back 22

The agency theory

Front 23

This is the idea that when you choose to participate in a crime, you forfeit your right to be treated as an individual

Back 23

Forfeited personal identity theory

Front 24

Most accessory after the fact statutes have _ elements

Back 24

4

Front 25

This criminologist introduced us to the " white collar criminal" and white collar crime in 1939

Back 25

Edwin Sutherland

Front 26

Holding parents responsible for the acts of children can be based on vicarious liability from the parent child relationship, these cases are rare and generally against ________ __________.

Back 26

Public Policy

Front 27

Failure to exercise control laws are not _________ ______________ laws, they are based upon the parents actus reus (omission) and mens rea ( negligence or reckless generally)

Back 27

Vicarious liability

Front 28

These offenses require some action but not enough to complete the crime intended.

Back 28

Inchoate Offenses

Front 29

___________ Impossibility is not a defense to an attempt crime

Back 29

Factual

Front 30

One can become guilty of ___________ long before she is criminally liable for attempt

Back 30

Conspiracy

Front 31

_________ is the crime of trying to get someone else to commit a crime

Back 31

Solicitation

Front 32

The heart of a conspiracy is the ___________ between two or more people to commit a crime

Back 32

Agreement

Front 33

There are two types of large-scale conspiracies

Back 33

1. Wheel 2. Chain

Front 34

Voluntary and __________ abandonment of an attempt in progress is a defense to attempt liability in about half the states.

Back 34

Complete

Front 35

Attempt actus reus Is based on ___ theories of attempt

Back 35

2

Front 36

The ____________ of inchoate crimes is always the purpose or intent to commit a specific crime

Back 36

Mens rea

Front 37

Trying to commit a crime but failing or ______________

Back 37

Criminal Attempt

Front 38

Making agreements to commit crimes or ___________ ___________.

Back 38

Criminal conspiracy

Front 39

Trying to get someone else to commit a crime or ___________ ____________

Back 39

Criminal solicitation

Front 40

Criminal conspiracy, attempt and solicitation are all _________ ___________

Back 40

Inchoate Offenses

Front 41

The model penal code calls them offenses of _________ __________.

Back 41

General Application

Front 42

This rationale looks at how close defendants came to completing their crimes.

Back 42

Dangerous act rationale.

Front 43

This rationale concentrates on how fully defendants have developed their intent to commit their crimes

Back 43

Dangerous person rationale.

Front 44

There are _ types of attempt statutes

Back 44

2

Front 45

Is a single statute that applies to the attempt to commit any crime in the state's criminal code

Back 45

General attempt

Front 46

These are separate statutes that define attempts in terms of specific crimes in the criminal code

Back 46

Specific attempt statutes

Front 47

The prosecution has to prove 2 elements ________ _ ________ ________.

Back 47

Beyond a reasonable doubt

Front 48

The strictest rule of attempt actus reus is called

Back 48

"last act rule"

Front 49

These tests help courts decide when defendants acts have taken than just getting ready to attempt and brought them close enough to completing crimes

Back 49

Proximity tests

Front 50

There are __ tests that deal with the proximity of a defendants acts

Back 50

six

Front 51

These attempts occur when actors intend to commit crimes but the law doesn't ban what they did.

Back 51

Legally impossible attempts

Front 52

This occurs when an actor's intend to commit a crime but it is physically impossible because of some fact or circumstance prevents them from completing.

Back 52

Factual impossibility

Front 53

Voluntary renunciation is also called _________ _____________.

Back 53

Voluntary abandonment

Front 54

A circumstance beyond the attempters control that prevents the completion of the crime

Back 54

Extraneous factor

Front 55

The crime of agreeing with one or more people to commit a crime

Back 55

Conspiracy

Front 56

Is the requirement of an act that furthers the agreement in the conspiracy

Back 56

Overt Act requirement

Front 57

The rule that not all conspirators have to agree with or even know the other conspirators.

Back 57

Unilateral approach to conspiracy parties

Front 58

One or more defendants participate in every transaction, while others only participate in one.

Back 58

Wheel conspiracies

Front 59

Participants at one end of the chain may know nothing of those at the other end but every participant handles the same commodity at different points such as manufacture, distribution and sale.

Back 59

Chain conspiracies.

Front 60

Just about any form of human endeavor

Back 60

Enterprise

Front 61

Committing two or more of a huge list of related crimes

Back 61

Pattern of racketeering activity

Front 62

Helping others die is referred to as _____________.

Back 62

Euthanasia

Front 63

Failing to take extraordinary measures to keep somebody alive

Back 63

Passive Euthanasia

Front 64

Deliberate acts to cause death

Back 64

Active euthanasia

Front 65

When a dying person makes a rational request

Back 65

Voluntary euthanasia

Front 66

When a dying person's family/ or court makes a decision for good (beneficent) or bad reasons (malevolent)

Back 66

Involuntary euthanasia

Front 67

Death that occurs during the commission of an unlawful act

Back 67

Unlawful act manslaughter, sometimes refereed to as misdemeanor homicide

Front 68

In criminal negligence manslaughter the actus reus the defendants acts create a high risk of ______ or bodily injury

Back 68

Death

Front 69

In criminal negligence manslaughter the defendant is aware the risk of death or serious bodily injury is high but _______ the acts anyway

Back 69

commits

Front 70

Criminal negligence homicide _______cover a wide field of unintentional deaths caused by operating vehicles, firearms, medicine, handling explosives, delivering dangerous drugs, allowing vicious animals to run free

Back 70

statutes

Front 71

These 3 elements of criminal homicide are used to define the kinds and grade the seriousness of a criminal homicide

Back 71

Actus reus, Mens rea and special mitigating/aggravating circumstances.

Front 72

Doctrine that covers one who intentionally uses a deadly weapon on another human, there by killing him, presumably intends to kill him.

Back 72

Deadly Weapon Doctorine

Front 73

This kind of murder does not require mens rea

Back 73

Felony murder, and "Strict liability" states differ in terms of which felonies.

Front 74

The example of the FORD pinto's gas tank exploding upon impact, would be considered what type of murder?

Back 74

Corporate

Front 75

This kind of homicide is unintentional, reckless or under extreme mental or emotional disturbances for which there is reasonable explanation or excuse

Back 75

Manslaughter

Front 76

This rule states that to be classified as a person, and therefore homicide victim, a baby had to be born alive and capable of breathing and maintaining a heartbeat on its own.

Back 76

Born-alive-doctrine

Front 77

Killing a person with malice aforethought

Back 77

Murder

Front 78

Killing a person without malice aforethought

Back 78

Manslaughter

Front 79

Killing in self-defense would be considered what kind of homicide?

Back 79

Justifiable

Front 80

Killing done by someone not of sound memory and discretion (insane or immature) is what kind of homicide?

Back 80

Excusable

Front 81

All homicides that are neither justified nor excuses are considered to be?

Back 81

Criminal homicide

Front 82

Defined as extremely reckless killings, 2nd degree

Back 82

Depraved heart murder

Front 83

First degree murder can be defined as ____________ and deliberate

Back 83

Premeditated

Front 84

This procedure requires that the death penalty decision be made in two phases. A trial to determine guilt, and a second to consider the aggravating factors

Back 84

Bifurcation procedure

Front 85

In State v. Snowden, the case was essentially about?

Back 85

Premeditation and deliberate murder

Front 86

Second degree murders can be classified by these characteristics

Back 86

Intentional but not premeditated, or deliberate, intent to inflict serious bodily injury murders, and depraved heart murders.

Front 87

This rules states that unintentional deaths that occur during the commission of some felonies are murders

Back 87

Felony murder rule

Front 88

The requirement that the provocation for killing in anger has to be something the law recognizes , the defendant himself had to be provoked and that a reasonable person would have been provoked.

Back 88

Adequate provocation

Front 89

This test requires that a reasonable person under the same circumstances would have had time to cool off.

Back 89

Objective test of cooling-off time.

Front 90

The common law that a husband who caught his wife in the act of adultery had adequate provocation to kill.

Back 90

Paramour rule

Front 91

This distinction is made by separating the emotions that led to a killing from the question of whether it was reasonable.

Back 91

Emotion-act distinction