Question 1

Mere knowledge about a crime,in a few jurisdictions,is a crime called

Accepted Answer

Criminal facilitation is a crime in which a person helps or encourages someone else to commit a crime, even if they do not directly participate in the crime itself. In some jurisdictions, merely having knowledge about a crime and not reporting it may be considered criminal facilitation. This is why choice B is the best answer. Conspiracy involves an agreement between two or more people to commit a crime, so it is not the correct answer. Accomplice in the first or second degree refer to specific levels of involvement in a crime, so they are also not the correct answer in this scenario.

Question 2

___________ is the mental state of intent that makes one liable as an accomplice.

Accepted Answer

Purpose refers to the mental state or intent that makes one liable as an accomplice. It means that the person intentionally acted or assisted in the commission of the crime, knowing the nature of the act and its consequences. Knowledge and actus reus are also important elements of accomplice liability, but purpose is the critical mental state that distinguishes an accomplice from a mere bystander or witness. Instrumentality, on the other hand, refers to the means used to commit a crime and is not directly related to accomplice liability.

Question 3

A person could be an accomplice to a crime through many actions that help or promote the crime's commission,including

Accepted Answer

Being a lookout during the criminal act is an action that helps the commission of the crime, making the person an accomplice. The other options could potentially be illegal or unethical, but they do not necessarily involve actively aiding the commission of a crime.

Question 4

An accessory after the fact might provide the principal or accomplices several forms of aid and assistance,including

Accepted Answer

An accessory after the fact can provide a place to hide for the principal or accomplices to avoid getting caught by law enforcement. Choices A and D do not qualify as aiding and abetting after the fact, and choice B is not a typical form of assistance that an accessory after the fact would provide.

Question 5

A person's unpremeditated presence at a crime scene with the attention of providing assistance

Accepted Answer

Simply being present at a crime scene with the intention of providing assistance does not automatically establish liability. Liability would only come into play if the person actually provided assistance and their actions contributed to the commission or escalation of the crime.

Question 6

When primary actors think that they are receiving assistance by someone who actually tries to set them up,the assistant is called a(n)

Accepted Answer

A feigning accomplice is someone who pretends to help a primary actor but is actually trying to gather evidence or set them up. An innocent agent is someone who is genuinely helping but may unwittingly contribute to criminal activity. Instrumentality refers to the use of objects or tools to commit a crime, and an accessory before the fact is someone who helps plan or prepare for a crime but is not present during its commission.

Question 7

A person who is used as an innocent agent and can prove __________ will not be held liable for a criminal offense.

Accepted Answer

If a person is used as an innocent agent and can prove duress, which means they were forced to commit the crime under threat or coercion, they will not be held liable for a criminal offense. Remorse and elderly age are not legal defenses and delinquency refers to criminal behavior by a young person, which is not relevant to this scenario.

Question 8

When assistance is not accepted,not needed,or does not help the perpetrator,it is known as

Accepted Answer

Ineffectual assistance refers to any action that is attempted to assist a perpetrator, but fails to do so. This can occur when the assistance is not accepted or is not needed, or when it is simply ineffective in preventing or aiding in the commission of a crime. The other options (A, B, C) do not accurately describe this concept.

Question 9

A person is an accomplice if s/he

Accepted Answer

An accomplice is someone who knowingly and willingly helps another person commit a crime. The key word is "knowingly." Therefore, possessing the intent to support or encourage the commission of the crime is the best choice. B, C, and D do not necessarily indicate knowledge or intent to help commit the crime.

Question 10

Under the MPC,accomplice liability rests on

Accepted Answer

Accomplice liability under the MPC is based on accountability. This means that an accomplice can be held liable for the same offense as the principal if they aid or encourage the principal's commission of the offense. This is different from other theories of accomplice liability, such as agency theory, which focus on the relationship between the accomplice and the principal.

Question 11

Legal encouragement by the police as agents provocateur could include

Accepted Answer

All the above are correct. Legal encouragement by the police as agents provocateur can involve any of the actions listed in choices A, B, and C. Acting as the victim, influencing the commission of the crime, and encouraging a defendant to commit a crime through actions or words are all possible tactics that may be used by police as agents provocateur.

Question 12

To allow prosecution of an accomplice for aiding a negligent or reckless act,a majority of jurisdictions require that the accomplice have intent to aid or encourage the general behavior that negligently or recklessly caused harm,

Accepted Answer

The question is specifically asking about the intent necessary for an accomplice to be prosecuted for aiding a negligent or reckless act. Option D correctly states that such prosecutions do not require intent that the principal commit the specific crime, which is in line with what the question is asking. Options A, B, and C all introduce irrelevant factors to the question or distort what is being asked. Therefore, D is the best choice.

Question 13

Additional criminal acts committed during the commission of a planned crime will be considered a natural and foreseeable consequence if they

Accepted Answer

Additional criminal acts are considered a natural and foreseeable consequence if they are necessary to accomplish the original criminal goal, as they are directly related to the execution of the planned crime.

Question 14

When the crime can only be performed by the principal actor and not through an agent,it is called a

Accepted Answer

Nonproxyable offense refers to a crime that cannot be committed through an agent or proxy, and can only be performed by the principal actor. This means that the individual themselves must physically perform the crime, and cannot hire or influence someone else to commit the offense on their behalf. Transferable intent refers to a situation where a person intends to commit a crime against one person, but instead harms a different person. Nontransferable intent means that the intentions of the actor cannot be transferred to another person, and they are still responsible for their own actions. Nonproxyable intent is not a commonly used term in criminal law. Therefore, A, nonproxyable offense, is the correct answer.

Question 15

An innocent agent or instrumentality requires,in part,that the accomplice be

Accepted Answer

An innocent agent or instrumentality is someone or something that is unknowingly used to carry out a crime by the actual perpetrator. To qualify as an innocent agent, the accomplice must be unable to form intent, meaning they have no knowledge or intention of committing a crime. Therefore, answer choice A is the best choice.

Question 16

The MPC states a person can be prosecuted as a principal when the crime is committed by an innocent agent if the person

Accepted Answer

All the options correctly describe situations under the Model Penal Code (MPC) where a person can be prosecuted as a principal when the crime is committed by an innocent agent. This includes causing an innocent or irresponsible person to engage in criminal conduct, acting with the intent to commit the crime, and causing the agent to commit the criminal act.

Question 17

For accomplice liability,the law requires an actus reus that contributes to the commission of a crime by an

Accepted Answer

Accomplice liability requires an actus reus, which can be fulfilled by an affirmative act or an omission that contributes to the commission of a crime. The guilty state of mind (mens rea) requirement applies to the accomplice's intent to assist or encourage the principal offender, but is separate from the actus reus requirement. Choice B is incorrect because the guilty state of mind alone is not sufficient for accomplice liability - there must be an act of assistance or encouragement. Choices C and D are incorrect because an omission alone cannot constitute accomplice liability without a duty to act.

Question 18

The MPC's position regarding the natural and probable consequences doctrine states

Accepted Answer

The Model Penal Code's stance is that an accomplice is not liable for crimes that were not within the scope of the criminal endeavor agreed upon. This means that liability does not extend to unforeseen crimes that go beyond the agreed plan.

Question 19

To establish ___________,the MPC requires a person to act with the purpose of promoting or facilitating a crime in order to be held liable as an accomplice by an act of omission.

Accepted Answer

The term "mens rea" refers to the mental state or intent required for a crime to be committed. In the context of accomplice liability, the MPC requires that the individual must have acted with the purpose of promoting or facilitating the crime. This means that they must have had the mental intent to aid in the commission of the crime, either through their actions or their failure to act. The other options (A, B, and C) are not directly related to the question of accomplice liability under the MPC.

Question 20

One reason the criminal law holds an accomplice accountable to the same extent as a principal actor is

Accepted Answer

An accomplice is not forced to assist the primary actor and typically has the same intent as the principal actor. By willingly agreeing to participate in the crime, an accomplice assumes the same level of criminal liability as the principal actor. Thus, D is the correct choice.

Quiz 4: Parties to a Crime