Question 1

Corporate vicarious liability refers to the personal liability of the officers of the corporation for the criminal conduct of its employees.

Accepted Answer

Corporate vicarious liability refers to the liability of a corporation for the wrongful actions of its employees. It does not refer to the personal liability of the officers of the corporation for such actions. However, officers can be held personally liable if they participate in or direct illegal conduct.

Question 2

A nonproxyable offense is one that can only be perpetrated by a designated person or class of persons.

Accepted Answer

A nonproxyable offense is one in which only a designated person or group of people can commit, making it impossible for another person to be a proxy for them.

Question 3

There are many forms and theories of vicarious liability; all of which are criminal.

Accepted Answer

Vicarious liability is a legal concept used in civil law, rather than criminal law. It holds one person or entity responsible for the actions of another person or entity, typically in the context of an employer being responsible for the actions of their employees. While there are criminal charges that can be filed against individuals for their own actions, vicarious liability is a civil legal issue.

Question 4

A person who assists a principal in the commission of a crime does not satisfy the actus reus of accomplice/accessory liability.

Accepted Answer

A person who assists a principal in the commission of a crime can be held liable as an accomplice or accessory. The actus reus requirement for accomplice/accessory liability is that the person must aid, abet, counsel, or encourage the commission of the crime.

Question 5

Since the 2001 demise of energy giant Enron, government officials may resort to what type of agreements?

Accepted Answer

Since Enron's demise involved high-level executives, government officials may use deferred prosecution agreements to hold these individuals accountable, while also avoiding the time and expense of a trial. This type of agreement allows individuals to avoid prosecution in exchange for complying with certain conditions, such as paying fines, cooperating with investigations, and implementing reforms within their organization.

Question 6

A person cannot be considered an accomplice unless he shares the criminal intent of the principal; there must be a community of purpose in the unlawful undertaking.

Accepted Answer

This is a well-established legal principle, often referred to as the "accomplice liability" or "aiding and abetting" doctrine. An individual cannot be convicted of a crime as an accomplice unless they knowingly and willingly participate in the unlawful activity, with the intent to assist the principal offender in committing the offense.

Question 7

In the 1983 gang rape of a young woman in Bid Dan's bar in New Bedford, Massachusetts, none of the individuals who witnessed the rapes had a legal duty to act.

Accepted Answer

In the 1983 case, bystanders were not legally obligated to intervene or report the crime, as there were no "duty to rescue" laws in place at the time in Massachusetts.

Question 8

What refers to the liability of an organization, no matter its size, for the criminal conduct of its employees?

Accepted Answer

Corporate vicarious liability refers to the legal responsibility of an organization for the criminal conduct of its employees, even if the organization did not directly participate in or encourage such conduct. This includes situations where the employee acted outside the scope of their employment or engaged in criminal activities for personal gain.

Question 9

Respondeat superior is Latin for what term?

Accepted Answer

Respondeat superior is a legal doctrine that holds an employer responsible for the actions of its employees while they are carrying out their duties for the employer. The phrase directly translates to "let the master answer," which reflects this principle.

Question 10

In State v. Chism 436 So.2d 464 (La. 1983), the Supreme Court of Louisiana affirmed the conviction of the District Court in Caddo Parish, but vacated the sentence and remanded the case.

Accepted Answer

The sentence is correct. The Supreme Court of Louisiana affirmed the conviction but vacated the sentence and remanded the case.

Question 11

There are some exceptions, but most jurisdictions limit accomplice liability to the most serious offenses.

Accepted Answer

This is generally true. Accomplice liability typically requires that the accomplice intended or knew about the commission of a crime and assisted in some significant way. However, in some cases, an accomplice can be held liable for lesser offenses or attempt crimes. Each jurisdiction may also have its own specific rules and limitations on accomplice liability.

Question 12

If someone solicits, encourages, or commands another to offend, then he is an accessory before the fact.

Accepted Answer

This statement is true according to the legal definition of accessory before the fact.

Question 13

The actus reus of accomplice liability cannot be satisfied by way of an omission.

Accepted Answer

The actus reus of accomplice liability can be satisfied by an omission if there is a duty to act and the failure to fulfill that duty intentionally aids in the commission of the crime.

Question 14

Psychological influence generally requires a certain amount of coaxing, encouraging, persuading, or soliciting.

Accepted Answer

Psychological influence often involves efforts to persuade or encourage someone to think or behave in a certain way. This typically requires some degree of coaxing or solicitation, whether overt or subtle. Without such efforts, psychological influence is unlikely to occur.

Question 15

There are three parts to the mens rea of accessorial liability.

Accepted Answer

The mens rea of accessorial liability typically involves two main parts: knowledge of the principal's essential matters or circumstances of the crime and intent to assist in the commission of the crime.

Question 16

An accessory after the fact is often one who is involved in "aiding and abetting" an accomplice.

Accepted Answer

An accessory after the fact is someone who assists another person knowing that they have committed a crime, after the crime has been committed, whereas "aiding and abetting" refers to assistance given to a perpetrator before or during the commission of the crime.

Question 17

What is the liability of a corporation, if an agent of a company is acting within the scope of his employment, but the agent's act is illegal and contrary to his employer's instructions or against the corporation's policies?

Accepted Answer

If an agent of a company is acting within the scope of his employment, the company is responsible for his acts even if they are against the corporation's policies. This is known as vicarious liability. The only exception is if the corporation can prove that the agent acted outside the scope of his employment. So, the corporation is not relieved of responsibility in such a scenario.

Question 18

It is uncommon for accessories to felonies to be convicted of misdemeanors rather than a felony committed by the principal who committed the felony.

Accepted Answer

Accessories to felonies can also be convicted of misdemeanors if their involvement in the crime was minimal or did not meet the requirements for a felony charge. However, in most cases, accessories are charged with the same level of offense as the principal who committed the felony.

Question 19

A person encouraging or facilitating the commission of a crime could be held criminally liable not only for that crime, but for any other offense that was a natural and probable consequence of the crime aided and abetted.

Accepted Answer

This is the legal principle of "natural and probable consequences." If someone helps or encourages another person to commit a crime, and that crime leads to another crime that was a foreseeable result of the initial crime, the aider and abettor can be held responsible for both crimes.

Question 20

An accomplice is "one who unknowingly, involuntarily, and with lack of common intent unites with the principal offender in the commission of a crime."

Accepted Answer

An accomplice is someone who knowingly and voluntarily assists or encourages the principal offender in the commission of a crime. The definition given in the question is incorrect.

Quiz 6: Complicity and Vicarious Liability