Q&A Hero

Q: What Act is a specialized conspiracy law frequently utilized against organized and white collar crime? a. RACO b. RICO c. RECO d. ROCO

Q: A conspiracy where one or more defendants participate in every transaction is known as a. a chain conspiracy. b. a wheel conspiracy. c. a large-scale conspiracy. d. a small-scale conspiracy.

Q: Most modern statutes use the unilateral approach to conspiracy crimes. This means that a. all of the parties to the conspiracy must have intended to commit the crime. b. all of the parties to the conspiracy knew of each others' role in the commission of the crime. c. failure to convict one party of a conspiracy prevents the conviction of the co-conspirators. d. all of the conspirators do not have to intend to go through with the agreement to commit the crime.

Q: What is a criminal objective? a. the criminal goal to commit a crime b the conspiracy to commit a crime b. using unlawful means to do a lawful thing c. anything injurious to public health

Q: What is the name of the crime of agreeing with one or more people to commit a crime? a. conspiracy b. RICO c. drug dealing d. solicitation

Q: Facts and circumstances that indicate an unspoken understanding between conspirators to commit a crime a. are not sufficient to prove a conspiracy existed. b. must be corroborated by some type of written document that indicates there was an agreement. c. are often sufficient to prove a conspiracy existed. d. must be corroborated by the testimony of one of the conspirators.

Q: An important public policy justification for the crime of conspiracy is a. the special need to deal with drug offenses. b. the special danger of group criminality. c. the secrecy of conspiracies makes them more difficult for the police to investigate. d. because conspiracies go far beyond preparing for the commission of the crime.

Q: Voluntary and complete abandonment of an attempt in progress is a defense to what liability in about half the states? a. attempt liability b. factual liability c legal liability c. civil liability

Q: Conspiracy actus reus consists of two parts: an agreement to commit a crime (in all states) and a. an overt act in furtherance of the agreement (in about half the states). b. an overt act in furtherance of the agreement (in most of the states). c. a covert act in furtherance of the agreement (in about half the states). d. a covert act in furtherance of the agreement (in most of the states).

Q: The core of conspiracy is a. several people preparing to commit a crime. b. several people agreeing to commit a crime. c. several people committing a crime as opposed to one person committing a crime. d. the fact that conspiracies are secret agreements to commit crime.

Q: Legal impossibility is a. a defense to attempt liability. b. not a defense to attempt liability. c. the same as factual liability. d. the same as factual impossibility.

Q: Discuss the mens rea and actus reus of accomplice liability. Discuss some of the differences that might be found between jurisdictions.

Q: What are the four elements of most accessory-after-the-fact statutes? Provide examples of each element.

Q: Discuss the common law approach to parties to crime. Provide an example of each.

Q: Compare and contrast accomplices and accessories. Why are accessories punished less severely than accomplices? Do you agree with this practice? Why or why not?

Q: Discuss the difference between complicity and vicarious liability. Describe which crimes might involve complicity and which crimes might involve vicarious liability. Provide examples.

Q: Vicarious liability _________ the actus reus and the mens rea of one party to another.

Q: Vicarious liability makes one liable for the acts of another because of their _______________ to the other.

Q: The principle of mens rea stands on the fundamental idea that we can only punish people we can ____.

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

Q: Assisting, abetting, aiding, counseling, procuring, hiring, or inducing are the actus reus of _______________ liability.

Q: ___________ is an agreement to commit some other crime.

Q: Vicarious liability has to be created by .

Q: Participants after the commission of crimes are guilty of a , less serious offense.

Q: Participants before and during the commission of crimes are of the crime itself.

Q: Traditional parent statutes aren"t the same as vicarious liability.

Q: Traditional parental responsibility laws are the same as vicarious liability. a. true b. false

Q: Vicarious liability for another's criminal conduct has been created by judicial decision. a. true b. false

Q: Criminologist Edward Sutherland introduced us to the "white collar criminal." a. true b. false

Q: Corporations can be vicariously liable for the criminal acts of their employees. a. true b. false

Q: Most accessory-after-the-fact statutes have four elements. a. true b. false

Q: It's usually easy to determine who in a corporation is responsible for corporate crimes. a. true b. false

Q: Vicarious liability transfers the actus reus and mens rea of one party to another based on their relationship. a. true b. false

Q: Under modern accessory-after-the-fact statutes, the offender is punished as severely as the offender who committed the crime. a. true b. false

Q: In U.S. v. Peoni, the court ruled that accomplice liability also requires proof of intent that the offender committed the crime. a. true b. false

Q: Early court decisions ruled that knowingly helping someone was enough to prove the mental element required for accomplice liability. a. true b. false

Q: Even in situations where the defendant has a legal duty to act, his or her mere presence at the scene of a crime is not enough to amount to accomplice actus reus. a. true b. false

Q: Flight from the scene of a crime is enough evidence to convict a person of a crime or of being an accomplice. a. true b. false

Q: Mere presence at the scene of a crime isn"t enough to satisfy the accomplice actus reus requirement. a. true b. false

Q: Vicarious liability can apply either to enterprises or to individuals. a. true b. false

Q: Vicarious liability has to be created by statute. a. true b. false

Q: The Pinkerton rule states that the crime of conspiracy and the crime the conspirators actually commit as a result of their conspiracy are separate offenses. a. true b. false

Q: Vicarious liability transfers the criminal conduct of one party to another because of their relationship. a. true b. false

Q: Vicarious liability is based on relationships. a. true b. false

Q: Complicity establishes when you can be criminally liable for someone else's conduct. a. true b. false

Q: At common law, there were four parties to crime. a. true b. false

Q: Vicarious liability statutes grew out of public fear, frustration, and anger over juvenile violence and parents' a. inability to control their kids. b. failure to control their kids. c. desire to control their kids. d. intention to control their kids.

Q: Parent responsibility statutes are based on parents' acts and a. omissions. b. thoughts. c. intentions. d. expectations.

Q: Vicarious liability can apply either to enterprises or to a. government. b. bystanders. c. individuals. d. judges.

Q: Vicarious liability for another's crimes is a. created by statute. b. created by the courts. c. found in the common law. d. a form of accomplice liability.

Q: Criminal liability of corporations is a form of what kind of liability? a. co-conspirator b. vicarious c. accomplice d. accessory

Q: What transfers the actus reus and mens rea of an employee to the employer? a. vicarious liability b. strict liability c. accessory liability d. conspiracy liability

Q: Purposely acting and wanting a crime to succeed clearly qualifies as accomplice a. stare decisis. b. actus reus. c. voluntary act. d. mens rea.

Q: Accessory to a crime is a separate offense, usually a a. misdemeanor. b. felony. c. non-jailable offense. d. citation.

Q: Liability based on ownership or operation of a business may be specifically imposed by a. statute. b. contract. c. consideration. d. actus reus.

Q: Most vicarious liability involves which of the following relationships? a. personal b. romantic c. business d. family

Q: What are the two parties to crime that exist today? a. accomplices participants and accessories participants b. accomplices participants and annulments participants c. arrangements participants and accessories participants d. accomplices participants and arrangements participants

Q: Modern accessory-after-the-fact statutes typically have how many mens rea elements? a. two b. three c. four d. five

Q: Under the common law, accessories-after-the-fact were a. punished less severely than the person who committed the crime. b. punished more severely than the person who committed the crime. c. punished in the same manner as the person who committed the crime. d. not punished because they were considered not guilty.

Q: What type of liability establishes when a party can be criminally liable because of a relationship? a. complicity b. vicarious c. assumed d. consent

Q: What type of liability establishes when you can be criminally liable for someone else's conduct? a. complicity b. vicarious c. assumed d. consent

Q: Court decisions have made the mens rea element of accomplice liability a. very clearan accomplice must desire the outcome of the crime they are knowingly aiding and abetting. b. very clearan accomplice must know they are aiding a crime, but they do not have to desire that the crime be committed. c. confusingsome courts have required only that the accomplice know they are facilitating a crime, and other courts require both knowledge and a desire for the crime to occur. d. irrelevant because there is no mens rea element.

Q: Which of the following cases involved Enron and an accounting firm that was convicted of obstructing the Securities and Exchange Commission? a. U.S. v. Arthur Andersen, LLP (2004) b. Railroad Company v. United States (1909) c. State v. Zeta Chi Fraternity 1997 d. Dunn v. Commonwealth (1997)

Q: What was the Court's rationale for extending vicarious liability by the doctrine of respondeat superior? a. "the tides of the times" b. "the trends of the times" c. "the changing of the times" d. "the history of the times"

Q: What dramatically changed the nature of corporations from government entities controlled by government to private business operated by internal management? a. white collar crime b. the dark ages c. the industrial revolution d. the dark figure of crime

Q: Vicarious liability transfers the actus reus and the mens rea of one person to another personor from one or more persons to an enterprisebecause of their a. state of mind. b. relationship. c. guilt. d. crime.

Q: Which of the following cases involves being an accessory-after-the-fact? a. Bailey v. U.S. b. Backun v. U.S. (1940) c. U.S. v. Peoni (1938) d. State v. Chism (1983)

Q: Mere presence of the defendant at the scene of a crime may create accomplice liability if a. the defendant secretly hopes the criminal will succeed. b. the defendant does not attempt to help the victim. c. the defendant knows the identity of the criminal but does not report the crime to the police. d. the defendant has a duty to prevent the crime and fails to prevent or attempt to prevent it.

Q: In general, merely being present at the scene of a crime a. is the actus reus of conspiracy. b. creates accomplice liability. c. creates a presumption that there was a conspiracy to commit the crime. d. is not sufficient to create accomplice liability.

Q: If they encourage and approve the commission of a crime, words can amount to a. accessory mens rea. b. complicity liability. c. solicitation. d. accomplice actus reus.

Q: According to what rule is even presence at the scene of a crime followed by flight not enough action to satisfy the actus reus requirement of accomplice liability? a. the mere presence rule b. the presence rule c. theknowing presence rule d. the acknowledgement rule

Q: What is the name of the rule that the conspiracy to commit the crime and the crime committed as a result of the conspiracy are different offenses? a. the Pinkerton rule b. the Peoni rule c. the Brady rule d. the Rakas rule

Q: An agreement to commit a crime is a a. solicitation. b. complicity crime. c. vicarious liability offense. d. conspiracy.

Q: Which of the following cases involves the mere presence rule? a. Bailey v. U.S. b. Backun v. U.S. (1940) c. U.S. v. Peoni (1938) d. State v. Chism (1983)

Q: Participants after crimes are committed are known as a. accomplices. b. accessories. c. conspirators. d. participants.

Q: Which liability has to be created by statute? a. accessory liability b. vicarious liability c. original liability d. no liability

Q: The common law rules that the established four different parties to a crime (principals-in-the-first and -second-degree and accessories-before and -after-the-fact) were probably a reaction to a. juvenile crime. b. the fact that most felonies were capital offenses. c. the Industrial Revolution. d. royal excesses.

Q: Participants after the commission of crimes are a. sometimes guilty of a separate, less serious offense. b. not guilty of anything. c. never guilty of a separate, more serious offense. d. always only guilty of a separate, equally serious offense.

Q: Participants before and during the commission of crimes are a. guilty of the crime itself. b. not guilty of the crime itself. c. less guilty of the crime itself. d. more guilty of the crime itself.

Q: Criminal liability is imposed on accomplices and accessories because they a. have a relationship that allows for the transfer of guilt. b. participated in the crimes. c. entered into a conspiracy to commit the crime. d. drove the getaway car.