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Criminal Law Ch 7

Criminal Law Final

TermDefinition
Complicity establishes when you can be criminally liable for someone else's conduct
Party to a Crime an actor intentionally aids or assists another's criminal conduct
Vicarious Liability an actor can be liable due to a relationship b/w the two parties (liability is transferred from one party to another)
Agency Theory (party to a crime) assumes the autonomy of individuals with the freedom to choose if a person voluntarily joins and identifies with another's criminal conduct, then both parties should be held accountable
Forfeited Personal Identity Theory (party to a crime) when a person chooses to participate in a crime with others, you forfeit the right to be treated merely as an individual.
Common Law Party to a Crime principals1st degree:person who actually commits crime;Principal 2nd degree: person present when crime is committed and who helped commit;Accessories b4 fact:not present at crime,person helps b4 crime;Accessories after the fact: helps after the crime
Accessories to Party to a Crime participants After crimes are committed
Accomplices to Party to a Crime participants Before AND During the commission of the crime
Accomplice Liability(or party to a crime) subjects a person to prosecution for the crime itself; punishment for being an accomplice is the same as for the person who actually committed the crime
Accessory Liability subjects a person to a separate prosecution (lesser offense)
Pinkerton Rule crime of conspiracy and the crime the conspirators agree to commit are 2 separate offenses/crimes
Elements of Party to a Crime 1. Accomplice Actus Reus-actor must take some positive act in aid of commission of crime 2. Accomplice Mens Rea-guilt depends not on having a stake in the outcome of the crime but on aiding and assisting the perpetrators 3. Concurrence (triggering act)
Accessory to a Crime Elements 1.Actus Reus:accessory personally aided person who committed the crime2. Mens Rea: accessory Knew crime was committed (gen. int)3. Mens Rea:accessory aided person fro the purpose of hindering prosecution 4.Circumstance:some1 besides acc. committed crime
Created by: 763668857