Chapter 4: Parties to Crime

Test Bank

Multiple Choice

1. Ashley leased one of her rental properties to Devin, a known drug dealer. Ashley was charged with accomplice liability. Which of the following is the most likely outcome?

A. Ashley is guilty under Judge Leonard Hand’s standard of accomplice liability.

B. Ashley may be guilty under a purposive standard of mens rea.

C. Ashley is likely guilty under either a knowledge or purposive standard.

D. Ashley’s guilt may depend on whether the illegal sale of controlled substances is considered a serious crime in the jurisdiction where she is being prosecuted.

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Analysis

Answer Location: Mens Rea of Accomplice Liability

Difficulty Level: Medium

2. Which of the following common law parties to a crime are the actual perpetrators of the crime?

A. accessory after the fact

B. accessory before the fact

C. principals

D. accessories

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

3. Which of the following is a concept in which the accessory’s guilt flows from the acts of the primary perpetrator of the crime?

A. criminal complicity

B. derivative liability

C. purposive consequence

D. complicit liability

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

4. Ron robbed a bank and escaped to a friend’s house several miles away. Ron told the friend, who was previously unaware, that he had just robbed a bank. Which of the following is NOT true?

A. Ron’s friend is guilty of being an accessory after the fact for failing to report the bank robbery.

B. Ron’s friend is guilty of being an accessory after the fact if he provides Ron with money to leave town.

C. Ron’s friend is guilty of being an accessory after the fact if he hides Ron in his basement.

D. Ron’s friend is guilty of being an accessory after the fact if he hides the cash for safekeeping until Ron returns.

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Application

Answer Location: Accessory After the Fact

Difficulty Level: Medium

5. Which of the following common law perpetrators to a crime are required to be either physically or constructively present at the crime scene?

A. principals in the first degree

B. principals in the second degree

C. accessories before the fact

D. accessories after the fact

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

6. Under the common law, the getaway driver in a bank robbery is which of the following parties to a crime?

A. accessory after the fact

B. accessory before the fact

C. principal in the first degree

D. principal in the second degree

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

7. The mens rea of accomplice liability requires which of the following dual intents?

A. the intent to assist the primary party and the intent to prevent prosecution

B. the intent to prepare for the commission of a crime and the intent that the primary party commit the offense

C. the intent to prepare for the commission of a crime and the intent to prevent prosecution

D. the intent to assist the primary party and the intent that the primary party commit the offense charged

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Knowledge

Answer Location: Mens Rea of Accomplice Liability

Difficulty Level: Easy

8. Which of the following common law parties to a crime assist the perpetrators of the crime?

A. principals in the first degree

B. accessories before the fact

C. principals in the second degree

D. accessories after the fact

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

9. Walter and Lee began making plans to rob a neighborhood bank. Barry agreed to be the lookout and the getaway driver as long as he got a percentage of the stolen money. Last Wednesday, Walter and Lee entered the Hillcrest Fields Bank wearing ski masks and armed with pistols. After 10 minutes, Walter and Lee left the bank with bags of cash and began to run toward Barry’s getaway car. However, they were confronted by a security officer who chased Walter and Lee from the bank. Walter fired his pistol at the officer, killing him. Which of the following is true?

A. Under the common law, Barry is liable as a principal in the second degree.

B. Under the mere presence rule, any bystander in the bank who watched the bank robbery take place is an accomplice.

C. Barry is not responsible for the security officer’s death under the natural and probable consequences rule.

D. Only Walter is responsible for the death of the security officer.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Analysis

Answer Location: Parties to a Crime

Difficulty Level: Medium

10. A legal concept that holds employers responsible for the crimes committed by their employees is known as ______.:

A. accomplice liability

B. vicarious liability

C. partner liability

D. public good liability

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Knowledge

Answer Location: Vicarious Liability

Difficulty Level: Easy

11. The common law divided the participants in a crime into ______ and ______.

A. principals, accomplices

B. principals, accessories

C. principals, aides

D. aides, accessories

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

12. ______ are actually present and carried out the crime.

A. Principals

B. Accessories

C. Accomplices

D. Parties

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

13. ______ are required to be either physically or constructively present at the crime scene.

A. Principals in the first degree

B. Principals in the second degree

C. Accessories before the fact

D. Accessories after the fact

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

14. ______ are individuals who help in preparing the crime.

A. Principals in the first degree

B. Principals in the second degree

C. Accessories before the fact

D. Accessories after the fact

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

15. ______ is the perpetrator of the crime.

A. Principal in the first degree

B. Principal before the fact

C. Accessory in the first degree

D. Accessory before the fact

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

16. The ______ rule provides that a conspiracy to commit a crime and the crime itself are separate and distinct crimes.

A. principal

B. accessory

C. criminal complicity

D. Pinkerton

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Comprehension

Answer Location: Parties to a Crime

Difficulty Level: Easy

17. The ______ of accomplice liability is satisfied by even a relatively insignificant degree of material or psychological assistance.

A. actus reus

B. mens rea

C. nature

D. crime

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension

Answer Location: Actus Reus of Accomplice Liability

Difficulty Level: Easy

18. The mens rea of accomplice liability requires the dual intents of ______ and ______.

A. the intent to assist the primary party; the intent to prevent prosecution

B. the intent to prepare for the commission of a crime; the intent to prevent prosecution

C. the intent to prepare for the commission of a crime; the intent that the primary party commit the offense

D. the intent to assist the primary party; the intent that the primary party commit the offense

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension

Answer Location: Mens Rea of Accomplice Liability

Difficulty Level: Easy

19. A conviction for accomplice liability requires that a defendant both ______.

A. assist and intend to assist the commission of a crime

B. assist in covering up the crime after its commission and has a special relationship to the principal

C. has knowledge of the commission of a crime and testifies against the principal

D. has the duty to intervene and fails to do so

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension

Answer Location: Mens rea of Accomplice Liability

Difficulty Level: Easy

20. What provides that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability?

A. Pinkerton rule

B. mens rea of accomplice liability

C. mere presence rule

D. mere ability rule

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension

Answer Location: Actus Reus of Accomplice Liability

Difficulty Level: Easy

21. The ______ doctrine provides that a person encouraging or facilitating the commission of a crime will be held liable as an accomplice for the crime he or she aided and abetted as well as for the crimes that are a likely and feasible outcome of the criminal conduct.

A. Pinkerton

B. purposive consequence

C. natural and probable consequence

D. criminal complicity

Learning Objective: 4-3: An individual who following a homicide knowingly assists the killer to flee the police is criminally liable for the murder.

Cognitive Domain: Comprehension

Answer Location: Natural and Probable Consequences Doctrine

Difficulty Level: Easy

22. An accomplice to an offense can be held as an accomplice for acts that are ______ outcomes of the original offense.

A. natural and probable

B. planned and purposeful

C. foreseeable and intentional

D. predictable

Learning Objective: 4-3: An individual who following a homicide knowingly assists the killer to flee the police is criminally liable for the murder.

Cognitive Domain: Comprehension

Answer Location: Natural and Probable Consequences Doctrine

Difficulty Level: Easy

23. Does the natural and probable consequences doctrine does apply if the defendant would not have participated in the criminal act had he known what events would unfold during the commission of the crime?

A. No, the defendant must intend to commit any criminal act with which he is charged.

B. No, the natural and probable consequences doctrine is not used in modern courts.

C. Yes, providing the events were reasonably foreseeable in light of the criminal act.

D. Yes, providing the original crime was violent in nature.

Learning Objective: 4-3: An individual who following a homicide knowingly assists the killer to flee the police is criminally liable for the murder.

Cognitive Domain: Comprehension

Answer Location: Natural and Probable Consequences Doctrine

Difficulty Level: Medium

24. Which of the following individuals would not be capable of being charged as an accessory after the fact with common law?

A. a brother

B. a doctor

C. a wife

D. a clergyman

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Application

Answer Location: The Common Law

Difficulty Level: Medium

25. Which of the following is not considered elements of accessories after the fact?

A. commission of a felony

B. knowledge

C. purpose

D. affirmative act

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension

Answer Location: The Elements of Accessory After the Fact

Difficulty Level: Easy

26. ______ liability imposes liability on an individual for a criminal act committed by another.

A. Vicarious

B. Accomplice

C. Partner

D. Independent

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Knowledge

Answer Location: Vicarious Liability

Difficulty Level: Easy

27. ______ laws hold adults liable for providing liquor in their home to minors.

A. Parental responsibility

B. Teen party ordinances

C. Social host liability

D. Strict liability

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Knowledge

Answer Location: Criminal Law and Public Policy

Difficulty Level: Easy

28. ______ declare that it is criminal for an adult to host a party for minors where alcohol is served.

A. Parental responsibility laws

B. Teen party ordinances

C. Social host liability

D. Strict liability

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Knowledge

Answer Location: Criminal Law and Public Policy

Difficulty Level: Easy

29. ______ offense punishes individuals who frustrate the arrest, prosecution, or conviction of individuals who have committed felonies as well as misdemeanors.

A. Obstruction of justice

B. Accessoryship

C. Hindering prosecution

D. Respondent superior

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Knowledge

Answer Location: The Elements of Accessory After the Fact

Difficulty Level: Easy

30. Vicarious liability imposes liability on an individual in what circumstance?

A. when a criminal act is committed by another.

B. when the duty to intervene exists.

C. when the individual has constructive possession

D. as required by the appropriate statutory scheme

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Comprehension

Answer Location: Vicarious Liability

Difficulty Level: Easy

31. The following statement matches which element of accessory after the fact? The defendant must provide assistance with the intent or purpose of hindering detection, apprehension, prosecution, conviction, or punishment of the individual receiving assistance.

A. commission of a felony

B. knowledge

C. affirmative act

D. criminal intent

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension

Answer Location: The Elements of Accessory After the Fact

Difficulty Level: Medium

32. Which is a feature of the modern view of accessories after the fact?

A. Spouses are no longer prosecuted.

B. Spouses are no longer immune from prosecution.

C. Accessories after the fact are treated as harshly as the perpetrator.

D. Accessories are charged with felonies.

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension

Answer Location: The Elements of Accessory After the Fact

Difficulty Level: Easy

33. For which of these actions will an individual be held liable as an accomplice?

A. knowingly selling a gun to an individual who plans to rob a bank

B. knowingly renting a room to someone who plans to use it for prostitution

C. knowingly repairing the car of a stranded motorist who intends to use the car to rob a bank

D. purposely selling a gun to an individual who plans to shoot at individuals in a movie theater

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension

Answer Location: Actus Reus of Accomplice Liability

Difficulty Level: Easy

34. What is the essence of accessory after the fact according to the Model Penal Code?

A. interference with the functioning of the legal process

B. an illegal act equal to that of the principal

C. a violation of equal protection

D. a misdemeanor offense only

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension

Answer Location: The Elements of Accessory After the Fact

Difficulty Level: Easy

35. Which legal concept holds parties liable for criminal conduct based on their relationship to the perpetrator of a crime?

A. accomplice liability

B. vicarious liability

C. strict liability

D. accessory liability

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Comprehension

Answer Location: Vicarious Liability

Difficulty Level: Easy

36. Which legal concept is contrary to the core principle that individuals should be held responsible and liable for their own conduct?

A. accomplice liability

B. vicarious liability

C. strict liability

D. accessory liability

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Comprehension

Answer Location: Vicarious Liability

Difficulty Level: Easy

37. Both principals and accessories were punishable as felons under what?

A. common law

B. Model Penal Code

C. U.S. Constitution

D. judicial decision making

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Comprehension

Answer Location: Parties to a Crime

Difficulty Level: Easy

38. The requirement of purposeful conduct in the mens rea of accomplice liability is the result of which case?

A. Backun v. United States

B. People v. Perez

C. United States v. Peoni

D. United States v. Fountain

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension

Answer Location: Mens Rea of Accomplice Liability

Difficulty Level: Easy

True/False

1. Under the mere presence rule, an individual can satisfy the actus reus of a crime by being present and watching the commission of a crime.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Actus Reus of Accomplice Liability

Difficulty Level: Easy

2. An accessory after the fact is generally punished as harshly as the perpetrator of a crime.

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Knowledge

Answer Location: Accessory After the Fact

Difficulty Level: Easy

3. Under the Model Penal Code, witness tampering is a basis for a conviction of hindering apprehension or prosecution.

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Knowledge

Answer Location: Model Penal Code Diagram

Difficulty Level: Easy

4. A majority of states have adopted parental responsibility laws.

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Knowledge

Answer Location: Criminal Law and Public Policy

Difficulty Level: Easy

5. The natural and probable consequences doctrine has been rejected by a majority of courts as unfair to an accessory who lacked the intent to commit the more serious offense.

Learning Objective: 4-3: An individual who following a homicide knowingly assists the killer to flee the police is criminally liable for the murder.

Cognitive Domain: Comprehension

Answer Location: Natural and Probable Consequences Doctrine

Difficulty Level: Easy

6. Most jurisdictions have abandoned the common law categories of parties to a crime.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

7. Betty is the mother of 17-year-old Zach. Last month, Betty obliged Zach’s request to have a keg of beer at his birthday party, primarily attended by other teens. Betty made sure to check each attendee before leaving for signs of intoxication. Everyone arrived home safely. Because Betty was diligent in ensuring that no one appeared to be under the influence, in most states, she would not be guilty of violating a social host liability law.

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Application

Answer Location: Criminal Law and Public Policy

Difficulty Level: Easy

8. A conviction for accomplice liability requires that a defendant both assist and intend to assist the commission of a crime.

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension

Answer Location: Mens Rea of Accomplice Liability

Difficulty Level: Easy

9. Under the common law, both principals and accessories were punishable as felons.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

10. One night, Lindsey and her friend Laura robbed a local fast-food restaurant. The two split the money equally and took their shares home. When Lindsey arrived at home, she told her husband, Ryan, about what they had done. To reduce the likelihood of suspicion, Ryan helped Lindsey hide her share of the money by placing deposits in a few different bank accounts. In a majority of states, Ryan is immune from prosecution for helping Lindsey hide the money.

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Analysis

Answer Location: The Elements of Accessory After the Fact

Difficulty Level: Medium

11. Individuals who assist in the commission of a crime are held liable for the criminal conduct of the perpetrator of the offense.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Comprehension

Answer Location: Parties to a Crime

Difficulty Level: Easy

12. The prosecution must establish that the assistance provided by an accessory was essential to the commission of the crime.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

13. Holding individuals accountable for intentionally assisting the criminal acts of another is termed principal or principal liability.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

14. The parental responsibility laws provide that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Parties to a Crime

Answer Location: Criminal Law and Public Policy

Difficulty Level: Easy

15. Individuals will not be held liable based on their relationship with the perpetrator of a crime.

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension

Answer Location: Actus Reus of Accomplice Liability

Difficulty Level: Easy

16. The mere presence rule provides that being present and watching the commission of a crime is sufficient to satisfy the actus reus requirement of accomplice liability.

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension

Answer Location: Actus reus of accomplice liability

Difficulty Level: Easy

17. An individual will be held liable as an accomplice for knowingly rather than purposely selling a gun to an individual who plans to rob a bank.

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Knowledge

Answer Location: Mens Rea of Accomplice Liability

Difficulty Level: Easy

18. The modern view is that since accessories after the fact are involved following the completion of a crime, they should be treated as harshly as the perpetrator of the crime or accomplices.

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension

Answer Location: The Elements of Accessory After the Fact

Difficulty Level: Easy

19. Vicarious liability is used to hold the owners of automobiles liable for traffic tickets issued to their automobiles.

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Knowledge

Answer Location: Criminal Law and Public Policy

Difficulty Level: Easy

20. The Pinkerton rule provides that a conspiracy to commit a crime and the crime itself are separate and distinct crimes.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

Answer Location: Parties to a Crime

Difficulty Level: Easy

Short Answer

1. According to common law, what are the four categories of parties to a crime?

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Application

Answer Location: Parties to a Crime

Difficulty Level: Easy

2. What is the difference between accessory after the fact and the principal in the first degree?

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Analysis

Answer Location: Parties to a Crime

Difficulty Level: Medium

3. What is the difference between accomplices and accessories?

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Analysis

Answer Location: Parties to a Crime

Difficulty Level: Medium

4. What is the mere presence rule and why do we have this rule?

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Analysis

Answer Location: Actus Reus of Accomplice Liability

Difficulty Level: Medium

5. What is the difference between accomplice liability and vicarious liability?

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Analysis

Answer Location: Vicarious Liability

Difficulty Level: Medium

6. What is derivative liability?

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Application

Answer Location: Parties to a Crime

Difficulty Level: Easy

7. What are the elements of accessory after the fact?

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Application

Answer Location: The Elements of Accessory After the Fact

Difficulty Level: Easy

8. Why do we have vicarious liability laws?

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Analysis

Answer Location: Vicarious Liability

Difficulty Level: Hard

9. Explain the difference between an accessory and an accomplice and why they punished differently?

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Analysis

Answer Location: Parties

Difficulty Level: Hard

10. What are parental responsibility laws? What was the initial rationale for parental responsibility laws? Do you believe that it is constitutional to hold parents liable for the criminal acts of their children?

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Analysis

Answer Location: Criminal Law and Public Policy

Difficulty Level: Medium

11. What is the actus reus of accomplice liability?

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Application

Answer Location: Actus Reus of Accomplice Liability

Difficulty Level: Easy

12. What is the mens rea of accomplice liability?

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Application

Answer Location: Mens Rea of Accomplice Liability

Difficulty Level: Easy

Essay

1. What is the difference between the principal in the first degree and an accessory before the fact? Provide an example of each.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Application

Answer Location: Parties to a Crime

Difficulty Level: Easy

2. What are the elements of accessory after the fact? Contrast the common law view and the modern view of the extent to which accessories after the fact should be punished relative to the actual perpetrator of a crime.

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension

Answer Location: The Elements of Accessory After the Fact

Difficulty Level: Medium

3. Discuss the purpose of vicarious liability laws.

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Comprehension

Answer Location: Vicarious Liability

Difficulty Level: Medium

4. Define the natural and probable consequences doctrine and discuss the rationale of courts that have rejected the doctrine.

Learning Objective: 4-3: Understand the natural and probable consequences doctrine.

Cognitive Domain: Comprehension

Answer Location: Natural and Probable Consequences Doctrine

Difficulty Level: Medium

5. What is the difference between an accomplice and an accessory? What is the rationale for holding an individual liable for the conduct of another?

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension

Answer Location: Parties to a Crime

Difficulty Level: Easy