Question 1

If a 17-year-old girl consents to have sex with her 18-year-old boyfriend and the state where the act occurs states that a 17-year-old is considered a juvenile, then the act is considered what?

Accepted Answer

The act is considered sexual assault of a minor or statutory rape because, despite the consent, the law in many jurisdictions considers individuals under a certain age (in this case, 17) unable to legally consent to sexual activities. The age of consent varies by state, but if the state law declares a 17-year-old as a juvenile, then an 18-year-old engaging in sexual activity with them could be charged with statutory rape or sexual assault of a minor, regardless of the younger party's consent.

Question 2

Who does the principal in the first degree refer to in a crime?

Accepted Answer

The principal in the first degree refers to the primary offender, the person who directly committed the crime.

Question 3

What term applies to one who assists in the commission of a criminal act but chooses to withdraw from the collaborative effort or otherwise choose not to participate in the crime?

Accepted Answer

Abandonment is the legal term used to describe someone who initially participates in planning or preparing for a crime but then decides to withdraw from the criminal activity before it takes place.

Question 4

What refers to the transfer of mens rea and actus reus to another individual organization?

Accepted Answer

Vicarious liability refers to the legal responsibility of one party for the actions or omissions of another party. This includes the transfer of mens rea (mental intent) and actus reus (physical action) to another individual or organization, such as an employer being held responsible for the actions of an employee.

Question 5

What is the term that refers to someone who intentionally assists the principal in the first degree with the commission of a crime and who is actually or constructively present at the time of the crime?

Accepted Answer

The term "Principal in the Second Degree" refers to someone who intentionally assists the principal in the first degree with the commission of a crime and who is actually or constructively present at the time of the crime. This person is considered to be just as guilty as the principal in the first degree and can be charged with the same crime. The term "Principal in the Third Degree" refers to someone who indirectly helps the principal in the first degree commit a crime, such as by driving them to the scene of the crime. This person is also considered to be guilty, but to a lesser extent than the principal in the first or second degree. "Principal accomplice" is not a commonly used term in criminal law.

Question 6

What is a jury instruction regarding the mens rea of accomplice liability that allows the jury to infer knowledge on the part of the defendant from indifference to finding the truth?

Accepted Answer

The instruction is called the "ostrich instruction" because it refers to the concept of an ostrich sticking its head in the sand to avoid seeing the truth. The instruction allows the jury to infer knowledge on the part of the defendant from their deliberate avoidance of learning the facts of the situation, which can be evidence of accomplice liability.

Question 7

In what type of situation may an accomplice be convicted of a more serious crime than the principal?

Accepted Answer

An accomplice may be convicted of a more serious crime than the principal when the accomplice commits a crime greater than the principal intended. This is because the accomplice can be held liable for not only their own actions but also for the actions of the principal. Therefore, if the accomplice's actions led to a more serious crime, they can be held responsible for it. Age or criminal record of the accomplice and principal are not relevant factors in determining the severity of the conviction.

Question 8

What happens if a person commits an offense because another person convinces that person that the act is actually legal or that the victim has given consent?

Accepted Answer

This is known as the defense of mistake of fact. If a person commits an offense based on a mistaken belief that the act was legal or that the victim had given consent, they may be acquitted of the offense. However, the accomplice who convinced them of the mistaken belief may still be convicted.

Question 9

What is the basic level actus reus for accomplice liability?

Accepted Answer

Assistance is the basic level of actus reus required for accomplice liability, meaning the accomplice must have provided some form of help or support to the principal offender.

Question 10

What is the term that refers to someone who solicits, encourages, or commands another to commit an offense?

Accepted Answer

The term that refers to someone who solicits, encourages, or commands another to commit an offense is "accessory before the fact". This person is considered an accomplice to the crime, as they played a role in encouraging or setting the stage for the offense to take place.

Question 11

What is the term for an individual encouraging or assisting a crime who can be liable not only for the original crime, but also for any other offense that are natural and probable consequences of the original crime?

Accepted Answer

The term for an individual encouraging or assisting a crime who can be liable not only for the original crime, but also for any other offense that are natural and probable consequences of the original crime is the Natural and Probable Consequences Doctrine. Option A is not a legal term. Option B is close, but does not encompass the concept of natural and probable consequences. Option D is incorrect as there is a specific term for this concept.

Question 12

What is "a state of being an accomplice?"

Accepted Answer

Complicity is the term that refers to the state of being an accomplice, indicating involvement with others in an illegal activity or wrongdoing.

Question 13

What will happen in a situation where the accomplice commits to the crime, but turns and runs away at the moment the crime is committed without any effort to stop or prevent the crime?

Accepted Answer

The defendant may still be convicted as an accomplice if they had initially committed to participating in the crime, even if they ultimately did not participate directly or attempted to withdraw but did not take any steps to prevent the crime. Their prior agreement and any actions taken in furtherance of the crime can be sufficient for liability.

Question 14

What does the Model Penal Code does use to define the common law terms accessory or principal?

Accepted Answer

The answer of What does the Model Penal Code does...

Question 15

Which of the following is not one of the three means by which assistance is typically provided?

Accepted Answer

Assistance by coercion is not typically classified as a means by which assistance is provided. Assistance is generally considered to be given willingly and supportively, rather than through force or pressure.

Question 16

What term means that a second offender derives his or her liability from the primary offender?

Accepted Answer

Derivative liability means that a second offender derives his or her liability from the primary offender. The secondary offender may be held liable for the same offense committed by the primary offender.

Question 17

What conditions must exist to determine vicarious liability?

Accepted Answer

Vicarious liability occurs when one party can be held responsible for the actions of another party. Typically, this occurs in an employment setting, where an employer can be held liable for the actions of their employee. For vicarious liability to exist, two conditions must be met: the actions of the employee must have occurred within the scope of their employment, and there must be a direct relationship between the employer and the employee. Therefore, both choices A and B are important in establishing vicarious liability. Choice C is incorrect because liability does not necessarily remain with the primary offender if vicarious liability is established.

Question 18

How many levels of mens rea exist for the requirement of accomplice liability?

Accepted Answer

Accomplice liability requires two levels of mens rea: (1) intent to assist or encourage the commission of a crime (specific intent), and (2) knowledge of the principal's criminal intent (general intent). In other words, the accomplice must intend to help the principal commit a crime and know that the principal intended to commit that crime.

Question 19

What is a crime that can only be committed by a specific person or class of individuals?

Accepted Answer

Nonproxyable offense refers to a crime that can only be committed by a specific person or class of individuals. For example, only a licensed physician can commit medical malpractice, and only a person with access to classified information can commit espionage.

Question 20

If a minor female agrees to break into a home with the intent to use the bed in the house for sexual intercourse with her boyfriend she may be convicted of what crime?

Accepted Answer

Burglary of a habitation involves entering a home without permission with the intent to commit a felony, theft, or assault inside. The intent to use the bed for sexual intercourse constitutes intent to commit a felony (if the sex would be considered statutory rape) or at least an intent to commit theft of services, making A the correct choice. Statutory rape (B) would not apply to the minor female in the context of her own actions, and criminal trespass (C) does not fully encompass the intent to commit a further crime beyond unauthorized entry.

Quiz 6: Complicity and Vicarious Liability