Criminal Law Test 2
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One who aids another in a commission of a crime. An accomplice is generally treated the same as a principal.
One who provides the help to the person who commits a crime, either before or after the crime is committed
Aider And Abettor
Acts that are substantial step toward the commission of a crime that is not yet completed.
Scope of liability of persons who are party to a conspiracy or other agreement to do an unlawful act.
Common design or plan
An agreement between two or more persons to engage in unlawful acts.
A person who is party to an agreement to commit an unlawful act.
Under common law, persons who either committed the crime, or aided and abetted the commission of the crime or the persons who committed the crime
Parties to the principal crime
The rule followed in federal courts that one conspirator is liable for crimes committed by another conspirator, if foreseeable and done in furtherance or the conspiracy.
Actions taken after a crime has been committed with knowledge that it had been committed that provide aid to the person who committed the crime
Post Crime Offenses
Criminal Acts that lead to or are attempts to commit other crimes
Preliminary, anticipatory, or inchoate crimes
Attempting to get another to commit a crime
Solicitation or incitement crimes
The requirement that crimes needing more than one person for commission, such as bigamy, require three or more people for a conspiracy conviction
The rule that all parties to a conspiracy or other agreement to perform an unlawful act are liable for every action taken by any party in
furtherance of the conspiracy agreement.
What one did they all did
An insanity test that claims that defendants are not legally responsible for the acts if, due to a defect of the mind, at one time of the crime they were unable to understand the difference between right and wrong.
"Right and Wrong" test
A test to determine criminal responsibility based on weather the defendant could (1) distinguish between right and wrong or (2) conform his or her conduct to the requirements of law.
"Substantial capacity" test
The insanity defense rule requiring proof that because of mental disease or defect defendants did not know the scope or character of their actions.
Defendants must have the ability to cooperate with their attorneys and the ability to understand the charges and proceedings against them.
Competency to stand trial
The rules for making corporations liable for actions taken by officers, directors or employees. Corporations can be vicariously criminally liable for actions of their agents if the offense is minor, a duty is specifically assigned to a corporation, a statute explicitly creates vicarious criminal liability, or the person committing the crime is acting in the interest of the corporation and is high managerial agent.
Criminal liability of corporations
A defense for criminal responsibility based on the fact that because of mental or emotional conditions, the defendants did not possess the required mens rea for conviction of crime charged.
Diminished capacity defense
A defendant may be found guilty but mentally ill if all the following are found beyond a reasonable doubt: (1) defendants is guilty of offense (2) defendant was mentally ill at the time offense was committed; (3) defendant was not legally insane at time offense was committed
Guilty but mentally ill
Under the civil law, a person who has not yet reached the age of majority, weather age is at 18, 19, 20 or 21 as determined by the law of either jurisdiction.
Tests to determine legal and moral liability
The greater weight of the evidence, though not necessarily the amount of reasonable doubt. It is proof sufficient to incline a reasonable person toward one side of an issue rather than the other.
Preponderance of evidence
A test used to determine criminal responsibility in ancient England involving subjecting the individual to a torturous ordeal. These ordeals were essentially appeals to God; surviving the ordeal was viewed as God's judgment of innocence.
Trial by ordeal
The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves.
Rules adopted by some states that put no limits on the use of deadly force by the occupant of a dwelling in response to a trespasser.
"make my day" rules
Recent laws passed in many states that permit using deadly force in response to an unlawful attack rather than the traditional "duty to retreat" policy.
"stand your ground" laws
Evidence of past abuse offered by women charged with violence against their abusers to show its psychological effects as part of their claim for self defense.
Battered woman defense
Force that is likely to cause or is capable of causing death or serious bodily injury.
The elements to evaluate weather an act of force for defense of another is justified include the unlawfulness of the action toward the other, the necessity to defend the other immediately, and
Defense of another
Laws that encourage people to come to the aid of another to defend another against unlawful force or interference.
Good Samaritan laws
Any person taking the place of the parents has the duties and responsibilities of the parents and may reasonably discipline a child in his or her care. This category includes legal guardians, foster parents, and public school teachers.
In loco parentis ("in place of the parents")
The elements to evaluate weather an act of force for self-defense is justified include the unlawfulness of the others action, the necessity to defend ones self immediately, and the reasonableness of the act of self-defense under the circumstances.
A seizure made by a government officer that is unreasonable under circumstances and thus violates the Fourth Amendment.
Defense in which the defendant claims to be blameless for the criminal acts or omissions on their behalf due to their having a degree of insanity or mental defect.
Corporations can be charged with crimes such as
Misrepresentation in financial statements of corporations
Manipulation in the stock market
Commercial briberyBribery of public officials directly or indirectly
Misrepresentation in advertisement and salesmanship
Embezzlement and misappropriation of fundsMisapplication of funds in receiverships and bankruptcies (O'Grady: 2011).
Strict liability crimes
Crime that does not require proof of the mental element essential to true crimes
EX: The sale of alcoholic beverages to a minor
Factual Impossibility in attempt
When a crime can not be committed due to circumstances making it impossible regardless of the defendants intent to complete the crime.
is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise.
By competent we mean
Rules for co-conspirators
Conspiracy does not end if one conspirator dies. A conspirator may be convicted even if the co-conspirator is missing as long as there is an alleged existence of said co conspirator. A conspirator may be convicted even if co-conspirator is acquitted.
Deadly Force for police officers
A police officer may use deadly for to prevent death or serious bodily harm to themselves or another police officer, prevent the escape of a suspect in serious violent felony and reasonably believes this suspect to be a danger to the public.
Pre trial competency
If found by a preponderance of evidence that defendant lacks competence to stand trial they may be hospitalized for 4 months and longer if still unfit. Defendant will be hospitalized until it is determined that the defendant poses a risk to the public because of their mental defect if so they will remain hospitalized until he no longer poses such a risk.
Difference in common law deadly use of force with statutory law
Common law required the victim of an unlawful to retreat as to where most states adopted "stand your ground laws, or variations of said law" as their statutory law
A criminal act in which a person agrees not to report the occurrence of a crime or not to prosecute a criminal offender in exchange for money or other consideration.he offense is also committed when a person accepts remuneration for encouraging a witness to be absent from a trial or employs any unlawful tactics to delay a criminal proceeding.
Jackson V. Indiana
U.S Supreme Court held that mentaly incompetent defendants should not be held longer than a "reasonable amount of time" that reasonable amount of time being no longer than the maximum sentence for the crime or 18 months after this period the state may either
Try the defendant if they are competent
Dismiss the charges
Commence civil proceedings to institutionalize the defendant if they remain incompetent to stand trial.
Overt act for a conspiracy
Requires proof of an overt act done in furtherance of the criminal conspiracy
he offense is also committed when a person accepts remuneration for encouraging a witness to be absent from a trial or employs any unlawful tactics to delay a criminal proceeding.
Power or violence that is directed against a person without that person’s consent .
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