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AJ2 CH5/CH6
Criminal Responsibility
| Question | Answer |
|---|---|
| Name the three parties to a crime | Principals, Accessory, and Accomplice |
| What is the difference between an Aider and Abetter vs an Accessory | An aider and abetter help the principal commit the crime whereas an accessory assist the principal after the crime has been committed |
| Aiders and abettors are charged differently than the person who actually committed the crime. True or False. | False. Aid/abbett is just as liable as actual crime committor |
| If the mens rea of the aider and abetter is more culpable than the actual perpetrator, the aider and abetter (may/may not) be guilty of a more serious crime than the actual perpetrator. | MAY |
| All persons involved in any way in the planning, preparation,or carrying out of a crime are considered what? | Principals |
| In order to convict for aiding and abetting, there must be proof that not only aided the perpetrator, but also shared in the _______ ________. | Criminal Intent |
| All persons who are legally principals under the law are considered _______ ______. | "equally guilty". |
| A criminal accomplice who was the non-triggerman in a crime resulting in a killing that he did not intend to take part in can be put to death, T/F. | False. The Supreme Court stated that such an imposition violates the 4th amendments cruel and unusual punishment restriction. (Edmunds v. Florida) |
| Per California description, what is the distinction between an accessory BEFORE the fact and an accessory AFTER the fact? | There is no longer a distinction between Before and After the fact. If you assisted before the fact, then you are deemed a principal. Assist after the fact make you an accessory. |
| A person who KNOWINGLY, VOLUNTARILY, and with common intent with the principal offender unites in the commission of a crime is the ________. | Accomplice |
| Anyone who, after a felony has been committed harbors, aids or conceals the principal, having knowledge that said principal has committed a felony, is the _______. | Accessory |
| Name the 3 elements needed to successfully prosecute as an accessory. | 1. The principals crime was a felony, 2, Accessory had knowledge that principal committed, been charged, or convicted of the felony, 3. that accessory aided, concealed or harbored with intent to avoid arrest. |
| One who participates in a crime for the intent of evidence gathering and prosecution purposes is _______ __________. | Feigned Accomplice |
| What is it called when officers or agents of the gov't for the purpose of criminal prosecution induce an otherwise innocent person to commit a crime? | Entrapment |
| What are the two elements which form intent to commit a crime? | 1. Specific intent to commit the crime, 2. Direct but ineffectual act towards the commission of the crime |
| What is the punishment for an attempted crime | Usually half the sentence for the crime attempted |
| If a person attempted to commit one crime but ended up committing a different crime, will he be punished for the attempt as well as the completed crime? Explain. | He can be charged for both the actual crime committed whether or not the crime was more serious than the attempted criminal act as well as the crime attempted. |
| When can the claim of abandoning the criminal attempt be successfully argued? | If the attempt was freely abandoned before the act was in the process of final execution and his confederates were clearly aware of such withdrawal and no outside cause prompted the abandonment |
| What is the difference between factual impossibility to complete a crime commission vs legal impossibility? | Factual (aka physical) impossibility is no defense unless criminal had prior knowledge of impossibility. Legal impossibility can be a defense |
| Give an example of a Factual Impossibility to commit a crime that would nonetheless be prosecutable. | A man who shoots at the clerk and discovers the glass is bulletproof still attempted the crime unaware that the glass was bulletproof. Thus, he is guilty of assault with a deadly weapon. |
| Which attempts if failed will garner more than half the sentence of the actual crime | Attempted murder and attempted premeditated murder of a peace officer |
| Give an example of Legal Impossibility to commit a crime | Attempting sex with a known dead person cannot be rape. Trying to kill a person known to have already been dead cannot be murder. Both are legally impossible instances and are deemed a valid defense. |
| How do you prove the crime of solicitation | Solicitation is proven by the corroboration of TWO witnesses or by one witness and corroborating circumstances |
| An accomplice to a crime cannot be a witness to prove the crime of solicitation, true or false. | False. An accomplice is a witness. |
| What is compounding a crime? | Offense of compounding a crime is committed when one knows a crime has been committed and agrees to take a gratuity to not prosecute. |
| What is perjury and what is the possible punishment? | Perjury is a deliberate false declaration either verbally or in an affidavit represented as being true. It is punishable as a felony for 2 to 6 years. |
| What is subornation of perjury? | When a person attempts to procure another person to commit perjury. Such is punishable as if the suborner perjured directly. |
| What is the punishment for a perjury that resulted in the execution of an otherwise innocent person? | The perjuror will receive the penalty of death or LWOP |
| What are the elements that constitute a bribe? | 1. Asking, giving, or accepting anything of value to or by officials with the intent to corruptly influence their act, vote, decision, or opinion in their official role. |
| One need not actually receive a bribe for the act to be completed. When is the act of receiving a bribe considered complete? | Either by the asking for the bribe, by agreeing to accept the bribe, or by actually accepting a bribe. |
| What is a Conspiracy? | Two or more people agreeing to commit a crime wherein at least one of them does an overt act in furtherance of the conspiracy. |
| To convict for conspiracy, there must be proof that the accused entered into a A._____ _____ with B. _____ _____, to commit an C. ____ ____ or a D.________ _____ in an unlawful manner. | A. Criminal Agreement, B. Specific Intent, C. Unlawful Act, D. Lawful Act. |
| Is conspiracy a misdemeanor or a felony? | It is actually a wobbler. |
| T/F A husband and wife cannot be considered conspirators because they are married. | False. Husband and wife can conspire between themselves. |
Created by:
JeromeG
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