Section 1
MULTIPLE CHOICE
The _____ rule or principle states that everyone who is involved in a crime,whether before, during, or after, may be responsible for that crime.a. vicarious liabilityb. complicityc. Pinkertond. Wharton
Mr. A robs the bank. Mr. B waits outside with the getaway car. Under thecommon law, with regard to the bank robbery, Mr. B is a/n _____.a. principal in the first degreeb. accessory-after-the-factc. accessory-before-the-factd. principal in the second degree
Mr. A commits a burglary. A few days before, he got the burglary tools from Mr.B., who has no other involvement in the burglary. Under the common lawapproach, Mr. B is a/n _____.a. accessory-before-the-factb. accessory-after-the-factc. principle in the third degreed. principal in the second degree
An agreement between two or more persons to commit a crime is a _____.a. solicitationb. conspiracyc. complicity crimed. vicarious liability offense
The current approach to complicity _____.a. maintains most of the common law distinctionsb. eliminates the principle and accessory classifications of the common lawc. retains the common law terminology of accessories before the factd. retains the common law terminology of principal in the second degree
Accomplice liability _____.a. requires actus reus but not mens reab. requires mens rea but no actus reusc. requires both actus reus and mens read. is a strict liability offense
The Pinkerton rule is applicable only to _____.a. accomplicesb. the doctrine of complicityc. conspiraciesd. accessories
Vicarious liability arises most frequently in employment or _____ relationships.a. personalb. producer-consumerc. familyd. business
To convict a person of being an accessory-after-the-fact, the government mustshow that _____.a. the person intended to aid the criminal after the crimeb. there was a conspiracy to aid after the crime that was entered into beforethe crimec. the Pinkerton rule appliesd. the person provided aid to a person whom he knew had committed amisdemeanor
In general, merely being present at the scene of a crime ______.a. is sufficient to create accomplice liableb. is not sufficient to create accomplice liabilityc. is the actus reus of accomplice liabilityd. creates a presumption that there was a conspiracy to commit the crime
Corporate criminal law is the creature of _________.a. federal lawb. state common lawc. state codesd. administrative laws
In State v. Akers, the New Hampshire appellate court overturned the parents’vicarious liability conviction for acts of their children because the law _____.a. violated equal protection because it applied only to parentsb. violated substantive due process by punishing parenthoodc. was a bill of attainderd. was overbroad
13. if _____.a. the actor has a duty to prevent the crime and fails to prevent or attempt toprevent itb. the actor secretly hopes the crime will be completedc. the actor knows the victim but does not intervened. the actor knows the criminal but does not intervene
The case of State v. Walden, in which the defendant was charged for notpreventing her one-year-old son from being beaten, illustrates _____.a. the exception to the mere presence ruleb. the exception to the rule against accessories-after-the-factc. the rule of vicarious liabilityd. the rule of accomplice liability
The rule that the conspiracy to commit a crime and the crimes committedpursuant to the conspiracy are separate offenses is called the _____ rule.a. Whartonb. Peonic. Bradyd. Pinkerton
The _____ of accomplice liability is frequently phrased in terms of aiding,abetting, or assisting another who commits a crime.a. mens reab. actus reusc. circumstancesd. concurrence
According to the U.S. Supreme Court in Bailey v. U.S. (1969), flight from thescene of a crime _____.a. by itself proves accomplice liabilityb. by itself proves guilty of the crimec. is not evidence of accomplice liabilityd. by itself cannot prove accomplice liability
In State v. Ulvinen (1983), the Minnesota appellate court held that _____ alonecould not prove accomplice liability for murder.a. being related to the victimb. living in the same household as the victimc. passive approval of the crimed. refusing to cooperate with the police
The rule of the Peoni case requires that the accomplice not only intended to aidthe offender and knew of the crime to be committed, but that the accomplice alsointended or desired that _____.a. the crime be committedb. there be a conspiracyc. the actual offender not be caughtd. the accomplice not be caught
The early decisions on accomplice liability held that the only mens rea requiredfor accomplice liability was intent _____.a. to aid the offender knowing a crime would be committedb. to form a conspiracyc. that the offender commit the crimed. to benefit from the crime committed
Crimes involving being an accessory-after-the-fact typically have _____ mens reaelement(s).a. oneb. twoc. threed. four
Most accessory-after-the-fact criminal statutes contain _____ circumstanceelement(s).a. nob. onec. twod. three
Unlike accomplice liability, vicarious liability does not require that the personbeing held vicariously liable _____.a. participate in the crimeb. be aware of the circumstancesc. be involved in a conspiracyd. not be involved in a conspiracy
Strict liability crimes have no _____.a. actus reus elementb. voluntary act elementc. legality requirementd. mens rea element
Vicarious liability is based on _____.a. benefiting from the crimeb. being involved in the crimec. relationshipsd. personal actus reus and mens rea
Vicarious liability of individuals usually involves _____.a. homicidesb. traffic ticketsc. feloniesd. conspiracies
_____ laws make parents liable for the crimes of their children, if the parents failto supervise and control their children.a. Parental responsibilityb. Vicarious parental liabilityc. Conspiracyd. Parental combination
Corporate liability is always a form of _____ liability.a. co-conspiratorb. accomplicec. accessoryd. vicarious
In State v. Chism, the court noted that Louisiana law differed from common lawwith regard to the required mens rea for accessory liability. It held that Louisianalaw ________.a. required that Chism had to know that a completed felony had beencommitted.b. required that Chism had to have reasonable grounds to believe that afelony had been committed.c. required only that a felony be committed and Chism aid the offender afterthe fact—regardless of whether he knew about the felonyd. required that Chism not only aid in helping the offender after the fact, butalso take at least a minimal role in accomplishing the felony
In State v. Tomaino the court had to determine whether the owner was liable forthe clerk renting pornographic material to a minor. The court found _______.a. the clerk was not responsible because the “victim” looked old enough tobuy the video.b. the owner was not responsible because he had properly trained the clerkand he was therefore not reckless.c. that the pertinent Ohio statute required personal action so the owner couldnot be vicarious liable.d. that the owner was responsible because he failed to supervise the clerk andfailed to post a sign warning of no underage rentals.