Chapter 7: Parties to Crime and Vicarious Liability
Chapter 7 Test Bank
Parties to Crime and Vicarious Liability
MULTIPLE CHOICE
1. Participants who are involved after the commission of a crime are guilty of a
a.
more serious offense.
b.
less serious offense.
c.
separate offense.
d.
separate, less serious offense.
2. Criminal liability is imposed on accomplices and accessories because they
a.
have a relationship that allows for the transfer of guilt.
b.
participated in the crimes.
c.
entered into a conspiracy to commit the crime.
d.
drove the getaway car.
3. Participants before and during the commission of crimes are
a.
guilty of the crime itself.
b.
not guilty of the crime itself.
c.
less guilty of the crime itself.
d.
more guilty of the crime itself.
4. Participants after the commission of crimes are
a.
sometimes guilty of a separate, less serious offense.
b.
not guilty of anything.
c.
never guilty of a separate, more serious offense.
d.
always only guilty of a separate, equally serious offense.
5. The common law rules that the established four different parties to a crime (principals-
in-the-first and -second-degree and accessories-before and -after-the-fact) were
probably a reaction to
a.
juvenile crime.
b.
the fact that most felonies were capital offenses.
c.
the Industrial Revolution.
d.
royal excesses.
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6. Which liability has to be created by statute?
a.
accessory liability
b.
vicarious liability
c.
original liability
d.
no liability
7. Participants after crimes are committed are known as
a.
accomplices.
b.
accessories.
c.
conspirators.
d.
participants.
8. Which of the following cases involves the mere presence rule?
a.
Bailey v. U.S.
b.
Backun v. U.S. (1940)
c.
U.S. v. Peoni (1938)
d.
State v. Chism (1983)
9. An agreement to commit a crime is a
a.
solicitation.
b.
complicity crime.
c.
vicarious liability offense.
d.
conspiracy.
10. What is the name of the rule that the conspiracy to commit the crime and the crime
committed as a result of the conspiracy are different offenses?
a.
the Pinkerton rule
b.
the Peoni rule
c.
the Brady rule
d.
the Rakas rule
11. According to what rule is even presence at the scene of a crime followed by flight not
enough action to satisfy the actus reus requirement of accomplice liability?
a.
the mere presence rule
b.
the presence rule
c.
the knowing presence rule
d.
the acknowledgement rule
Chapter 7: Parties to Crime and Vicarious Liability
12. If they encourage and approve the commission of a crime, words can amount to
a.
accessory mens rea.
b.
complicity liability.
c.
solicitation.
d.
accomplice actus reus.
13. In general, merely being present at the scene of a crime
a.
is the actus reus of conspiracy.
b.
creates accomplice liability.
c.
creates a presumption that there was a conspiracy to commit the crime.
d.
is not sufficient to create accomplice liability.
14. Mere presence of the defendant at the scene of a crime may create accomplice liability
if
a.
the defendant secretly hopes the criminal will succeed.
b.
the defendant does not attempt to help the victim.
c.
the defendant knows the identity of the criminal but does not report the
crime to the police.
d.
the defendant has a duty to prevent the crime and fails to prevent or
attempt to prevent it.
15. Which of the following cases involves being an accessory-after-the-fact?
a.
Bailey v. U.S.
b.
Backun v. U.S. (1940)
c.
U.S. v. Peoni (1938)
d.
State v. Chism (1983)
16. Vicarious liability transfers the actus reus and the mens rea of one person to another
person—or from one or more persons to an enterprise—because of their
a.
state of mind.
b.
relationship.
c.
guilt.
d.
crime.
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17. What dramatically changed the nature of corporations from government entities
controlled by government to private business operated by internal management?
a.
white collar crime
b.
the dark ages
c.
the industrial revolution
d.
the dark figure of crime
18. What was the Court’s rationale for extending vicarious liability by the doctrine of
respondeat superior?
a.
“the tides of the times”
b.
“the trends of the times”
c.
“the changing of the times”
d.
“the history of the times”
19. Which of the following cases involved Enron and an accounting firm that was
convicted of obstructing the Securities and Exchange Commission?
a.
U.S. v. Arthur Andersen, LLP (2004)
b.
Railroad Company v. United States (1909)
c.
State v. Zeta Chi Fraternity 1997
d.
Dunn v. Commonwealth (1997)
20. Court decisions have made the mens rea element of accomplice liability
a.
very clear—an accomplice must desire the outcome of the crime they are
knowingly aiding and abetting.
b.
very clear—an accomplice must know they are aiding a crime, but they do not
have to desire that the crime be committed.
c.
confusing—some courts have required only that the accomplice know they are
facilitating a crime, and other courts require both knowledge and a desire for the
crime to occur.
d.
irrelevant because there is no mens rea element.
21. What type of liability establishes when you can be criminally liable for someone else’s
conduct?
a.
complicity
b.
vicarious
c.
assumed
d.
consent
Chapter 7: Parties to Crime and Vicarious Liability
22. What type of liability establishes when a party can be criminally liable because of a
relationship?
a.
complicity
b.
vicarious
c.
assumed
d.
consent
23. Under the common law, accessories-after-the-fact were
a.
punished less severely than the person who committed the crime.
b.
punished more severely than the person who committed the crime.
c.
punished in the same manner as the person who committed the crime.
d.
not punished because they were considered not guilty.
24. Modern accessory-after-the-fact statutes typically have how many mens rea elements?
a.
two
b.
three
c.
four
d.
five
25. What are the two parties to crime that exist today?
a.
accomplices participants and accessories participants
b.
accomplices participants and annulments participants
c.
arrangements participants and accessories participants
d.
accomplices participants and arrangements participants
26. Most vicarious liability involves which of the following relationships?
a.
personal
b.
romantic
c.
business
d.
family
27. Liability based on ownership or operation of a business may be specifically imposed
by
a.
statute.
b.
contract.
c.
consideration.
d.
actus reus.
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28. Accessory to a crime is a separate offense, usually a
a.
misdemeanor.
b.
felony.
c.
non-jailable offense.
d.
citation.
29. Purposely acting and wanting a crime to succeed clearly qualifies as accomplice
a.
stare decisis.
b.
actus reus.
c.
voluntary act.
d.
mens rea.
30. What transfers the actus reus and mens rea of an employee to the employer?
a.
vicarious liability
b.
strict liability
c.
accessory liability
d.
conspiracy liability
31. Criminal liability of corporations is a form of what kind of liability?
a.
co-conspirator
b.
vicarious
c.
accomplice
d.
accessory
32. Vicarious liability for another’s crimes is
a.
created by statute.
b.
created by the courts.
c.
found in the common law.
d.
a form of accomplice liability.
33. Vicarious liability can apply either to enterprises or to
a.
government.
b.
bystanders.
c.
individuals.
d.
judges.
Chapter 7: Parties to Crime and Vicarious Liability
34. Parent responsibility statutes are based on parents’ acts and
a.
omissions.
b.
thoughts.
c.
intentions.
d.
expectations.
35. Vicarious liability statutes grew out of public fear, frustration, and anger over juvenile
violence and parents’
a.
inability to control their kids.
b.
failure to control their kids.
c.
desire to control their kids.
d.
intention to control their kids.
TRUE/FALSE
1. At common law, there were four parties to crime.
a. true
b. false
2. Complicity establishes when you can be criminally liable for someone else’s conduct.
a. true
b. false
3. Vicarious liability is based on relationships.
a. true
b. false
4. Vicarious liability transfers the criminal conduct of one party to another because of
their relationship.
a. true
b. false
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5. The Pinkerton rule states that the crime of conspiracy and the crime the conspirators
actually commit as a result of their conspiracy are separate offenses.
a. true
b. false
6. Vicarious liability has to be created by statute.
a. true
b. false
7. Vicarious liability can apply either to enterprises or to individuals.
a. true
b. false
8. Mere presence at the scene of a crime isn’t enough to satisfy the accomplice actus reus
requirement.
a. true
b. false
9. Flight from the scene of a crime is enough evidence to convict a person of a crime or
of being an accomplice.
a. true
b. false
10. Even in situations where the defendant has a legal duty to act, his or her mere
presence at the scene of a crime is not enough to amount to accomplice actus
reus.
a. true
b. false
11. Early court decisions ruled that knowingly helping someone was enough to prove the
mental element required for accomplice liability.
a. true
b. false
Chapter 7: Parties to Crime and Vicarious Liability
12. In U.S. v. Peoni, the court ruled that accomplice liability also requires proof of intent
that the offender committed the crime.
a. true
b. false
13. Under modern accessory-after-the-fact statutes, the offender is punished as severely as
the offender who committed the crime.
a. true
b. false
14. Vicarious liability transfers the actus reus and mens rea of one party to another based
on their relationship.
a. true
b. false
15. It’s usually easy to determine who in a corporation is responsible for corporate crimes.
a. true
b. false
16. Most accessory-after-the-fact statutes have four elements.
a. true
b. false
17. Corporations can be vicariously liable for the criminal acts of their employees.
a. true
b. false
18. Criminologist Edward Sutherland introduced us to the “white collar criminal.”
a. true
b. false
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19. Vicarious liability for another’s criminal conduct has been created by judicial decision.
a. true
b. false
20. Traditional parental responsibility laws are the same as vicarious liability.
a. true
b. false
COMPLETION
1. Traditional parent statutes aren’t the same as vicarious liability.
2. Participants before and during the commission of crimes are of the
crime itself.
3. Participants after the commission of crimes are guilty of a , less
serious offense.
4. Vicarious liability has to be created by .
5. ___________ is an agreement to commit some other crime.
Chapter 7: Parties to Crime and Vicarious Liability
6. Assisting, abetting, aiding, counseling, procuring, hiring, or inducing are the actus
reus of _______________ liability.
7. _______________ presence at the scene of a crime is, by itself, not enough to justify
conviction as an accomplice.
8. The principle of mens rea stands on the fundamental idea that we can only punish
people we can ____.
9. Vicarious liability makes one liable for the acts of another because of their
_______________ to the other.
10. Vicarious liability _________ the actus reus and the mens rea of one party to another.
ESSAY
1. Discuss the difference between complicity and vicarious liability. Describe which
crimes might involve complicity and which crimes might involve vicarious liability.
Provide examples.
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2. Compare and contrast accomplices and accessories. Why are accessories punished
less severely than accomplices? Do you agree with this practice? Why or why not?
3. Discuss the common law approach to parties to crime. Provide an example of each.
4. What are the four elements of most accessory-after-the-fact statutes? Provide
examples of each element.
5. Discuss the mens rea and actus reus of accomplice liability. Discuss some of the
differences that might be found between jurisdictions.