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Criminal Law Exam #2
| Term | Definition |
|---|---|
| Complicity | Establishes when you can be criminally liable for someone else's conduct; applies criminal liability to accomplices and accessories. |
| Vicarious Liability | Establishes when a party can be criminally liable because of a relationship; transfers the criminal conduct of one party to another because of their relationship. |
| Agency Theory | Accomplice liability theory that assumes 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". |
| Forfeited Personal Identity Theory | The idea that when you choose to participate in crime, you forfeit your right to be treated as an individual; "your acts are my acts". |
| 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 crime is committed but who help before the crime is committed (i.e. someone who provided a weapon used in a murder.) |
| Accessories After the Fact | Persons who help after the crime is committed (i.e. harboring a fugitive.) |
| Accomplices | Participants before and during the commission of crimes. |
| Accessories | Participants after crimes are committed. |
| Accomplice Liability | Liability that attaches for participation before and during a crime. |
| Accessory Liability | Liability that attaches for participation after crimes are committed. |
| Conspiracy | An agreement to commit some other crime. |
| Pinkerton Rule | The crime of conspiracy and the crime the conspirators agree to commit are separate offenses. |
| Accomplice Actus Reus | Defendant took "some positive act in aid of the commission of the offense." |
| Mere Presence Rule | A person's presence at the scene of the crime doesn't by itself satisfy the actus reus requirement of accomplice liability. |
| Accessory after the fact is usually a ____? | Misdemeanor |
| Dangerous Act Rationale | Looks at how close defendants came to completing their crimes. |
| Dangerous Person Rationale | Concentrates on how fully defendants have developed their intent to commit their crime. |
| Proximity Tests | Help courts decide when a defendants acts have taken them further than just getting ready to attempt and brought them close enough to completing crimes to qualify as attempt actus reus. |
| Dangerous Proximity Tests | Focus on dangerous conduct; they look at what remains for actors to do before they hurt society by completing the crime. |
| Dangerous Persons Tests | Look at what actors have already done to demonstrate that they're a danger to society. |
| Probable Desistance Test | Determines if defendants have gone far enough toward completing the crime that it's unlikely they'll turn back. |
| Legal Impossibility | Occurs when actors intend to commit crimes, and do everything they can to carry out their criminal intent but the criminal law doesn't ban what they did. |
| Factual Impossibility | Occurs when actors intend to commit a crime and try to but it's physically impossible because of some fact or circumstance unknown to them interrupts or prevents the completion of the crime. |
Created by:
kimberleekelley