Criminal Law And Procedure An Overview 4th Edition by Ronald J. Bacigal – Study Guide-Test Bank
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CHAPTER 3: PARTIES TO A CRIME AND INCHOATE
OFFENSES
Along with the person who actually commits a crime (the
perpetrator), there are other parties who may also be held criminally liable
for that crime. This chapter will examine these different parties and their
respective criminal responsibility.
Also included in this chapter is a discussion of inchoate, or
incomplete, criminal offenses. This chapter uses the three elements of the
working definition of crime to analyze the different offenses.
LEARNING
OBJECTIVES
Once you have finished this chapter, you should be able to:
- Identify
who may be punished for a crime.
- Determine
who may be held responsible for acts of others in relation to a crime.
- Recognize
what inchoate crimes are and why they may be prohibited.
- Discuss
the differences between solicitation and attempt.
- Identify
the parties involved in a crime.
- Discuss
possible defenses to inchoate crimes.
OUTLINE
1. Parties
to a Crime
2. Perpetrator
(principal in the first degree)—one who:
3. Performs
the physical acts that constitute the crime, or
4. Commits
the crime by use of an instrumentality
5. Instrumentality—use
of an inanimate object, animal, or innocent human being to commit a crime
6. Innocent
human agent—one who commits the physical acts constituting a crime but who
is innocent of the crime because of a legitimate defense
7. Aider
and abettor (principal in the second degree)—one
who assists the perpetrator in the commission of the crime while being actually
or constructively present at the scene of the crime
8. Accessory
before the fact—one who:
9. Is
not present when the crime is committed, and
10.
Previously counseled or advised another how to commit the crime
or provided assistance such as furnishing weapons used to carry out the crime
11.
Similarities between aiders and abettors and accessories before
the fact (accomplices)
12.
Both are punished when they perform an affirmative act that
assists the perpetrator
13.
Both must have the mental state required for the crime
14.
Both are charged, tried, convicted, and punished (except for the
death penalty) as if they were perpetrators
15.
Both can be held responsible for unintended crimes
16.
Triggermen
17.
Death penalty reserved for the actual slayer or “triggerman”
18.
Accessory after the fact
19.
Does not contribute to the commission of the crime
20.
Impedes the apprehension, trial, or punishment of a felon
21.
To convict the accessory, the prosecution must prove that:
22.
A crime was committed
23.
The accessory knew that the underlying crime had been committed
24.
The accessory intended to hinder apprehension, trial, or
punishment
25.
The accessory assisted the party to avoid apprehension, trial,
or punishment
26.
An accessory after the fact is not guilty of the committed
offense but may be guilty of a separate crime
27.
Misprison of a felony—failure
to report a known crime
28.
Compounding a felony—accepting
a benefit in return for concealing a known crime
29.
Inchoate Crimes—incomplete
or imperfect offenses
30.
Solicitation—when
a person invites or requests another to commit a crime
31.
Mental state—defendant specifically intends the other person to
commit an offense
32.
Physical act—defendant requested or invited another to commit an
offense; no physical act in furtherance of the crime need be performed by
either person
33.
Social harm—defendant has tempted a presumably innocent person
to commit a crime
34.
Merger—a
previously distinct offense is included within a greater offense; defendant can
be convicted of either, but not both, offenses
35.
Attempted crime—when
a person intends to commit a specific offense and then performs an act that
constitutes a substantial step toward completing that offense
36.
Requires that the specific intent to commit a particular offense
is formed in the mind of the defendant
37.
Mere preparation—portion
of an attempted crime before the point at which consummation of the offense
begins
38.
Last proximate act test—defendant is guilty of an attempt after
doing all that he or she believes is necessary to complete the intended crime
39.
Dangerous proximity test
40.
Temporal and geographical nearness of the prohibited harm
41.
Seriousness of the harm
- Degree
of apprehension created
1. Probable
desistance test—focuses on how far the defendant has proceeded and the
likelihood that the defendant will persist in the planned crime
2. Impossible
attempts
3. Factual
impossibility—a claim of defense because the defendant’s conduct could not
succeed in bringing about the intended offense
4. Legal
impossibility—a claim of defense because the defendant’s state of mind
precludes commission of a recognized crime
5. Abandoned
attempts (abandonment)
6. Discontinuation
of a plan to commit a crime
7. Sometimes
recognized as a valid defense to charges of attempting to commit the crime
8. Conspiracy—an
agreement by two or more persons to commit an unlawful act
9. Mental
state—two or more persons form a specific intent to accomplish an unlawful act
10.
Physical act—commission of an overt act in furtherance of the
conspiracy
11.
Social harm—two or more people who unite to commit a crime
create a more dangerous situation than one person acting alone
12.
Wheel conspiracies—center of the wheel is one person (hub) who
has contact with other persons (spokes)
13.
No direct contact is necessary between every member
14.
Some community of interest must be shown
15.
Chain conspiracies—parties are linked together in linear
fashion; courts look to:
16.
Community of interest among the parties
17.
Each link in the chain relied upon other links to complete their
tasks
1. Liability
of coconspirators
2. Pinkerton
doctrine—each member of a conspiracy is criminally responsible for any
crime committed by another party to the agreement if it was the object of the
conspiracy or a natural consequence of the unlawful agreement
3. Wharton’s
rule—no conspiracy can exist when the agreement is between only the
parties necessary for the commission of a substantive offense
KEY
TERMS
abandonment
accessory after the fact
accessory before the fact
aider and abettor (principal in the second degree)
attempted crime
compounding a felony
conspiracy
factual impossibility
inchoate crime
innocent human agent
instrumentality
legal impossibility
mere preparation
merger
misprision of a felony
perpetrator (principal in the first degree)
Pinkerton doctrine
solicitation
triggerman
Wharton’s rule
HELPFUL
WEB SITES
Resource
for the people
http://www.resource4thepeople.com
Information for individuals interested in criminal law
statistics.
The
Oyez Project
http://www.oyez.org
Provides a variety of multimedia-based Supreme Court sources as
well as audio archives of oral arguments.
REVIEW
QUESTIONS
Fill-in-the-Blank
1. A(n)____________________performs
thephysicalactsconstitutingacrimeorusesaninstrumentality.
2. Thedriverofagetaway
cariscalleda(n)____________________.
3. IfJohnseesBillcommit
acrimeandthenBillpaysJohn$500 nottotellthepolice,Johnisguilty
of____________________.
4. ____________________occurswhenapreviously
distinct offenseisincluded within agreater
5. According
toPeoplev.Rizzo,____________________tocommit
acrimeisnotyetan
6. Thetesttodetermine
acriminal attempt,whichfocusesonhowfarthedefendanthasproceeded andthe
likelihood that heorshewillpersistintheplanned crime,iscalledthe
____________________
7. Ifaperson
discontinues hisplantocommit acrime,itiscalled____________________.
8. Thecrimeofbribery
requiresatleasttwopersons. According to____________________,noconspiracy
canoccur between onlythosetwopersons involvedinthebribery.
9. The____________________placescriminal
liabilityoneachmember ofaconspiracy forcriminal actscommitted byother
10.
In addition to possessing the requisite mental state, a person
may be required to commit a(n) ____________________act to be guilty of
conspiracy.
Essay
1. April
approaches Mike and asks him to assist her in robbing a bank. Mike refuses. Has
a crime been committed by April? By Mike? If so, explain what crime.
2. Jaydon
and Gus decide to rob a 7-Eleven store. The plan is that Jaydon will take a
loaded gun into the store and hold up the clerk. Gus is the driver, and he will
stay in the car and wait for Jaydon to come out with the money, and then
they’ll drive away. Both Jaydon and Gus agree that Jaydon will only use the gun
to frighten the clerk, not to fire it at anyone. Jaydon goes into the 7-Eleven
and when the clerk sees the gun, he activates the alarm system. Jaydon panics
and shoots and kills the clerk. Does Gus have any criminal liability for the
clerk’s death? If so, explain what it is.
3. Explain
the social harm that exists with a conspiracy to commit a crime.
Answers
are on the following page.
NOTES
ANSWERS
Fill-in-the-Blank
1. perpetrator(principal
inthefirstdegree)
2. aiderandabettor(principal
intheseconddegree)
3. compoundingafelony
4. Merger
5. merepreparation
6. probabledesistance
7. abandonment
8. Wharton’srule
9. Pinkertondoctrine
10.
overt
Essay
1. Aprilhascommitted
thecrimeofMikehascommitted nocrime.
2. UnderthePinkertondoctrine,
eachmember ofaconspiracy iscriminally responsible foranycrimecommitted
byanotherparty totheagreement ifitwastheobjectoftheconspiracy oranaturalconsequence
oftheunlawful agreement. Therefore, Guswould havecriminal
liabilityfortheclerk’sdeath sincehisdeath wasanaturalconsequence oftherobbery.
3. Itisamoredangeroussituationwhentwoormorepeopleunitetocommit
acrimethan whenoneperson acts
CHAPTER 5: CRIMES AGAINST A PERSON
This chapter focuses on crimes that are committed against an
individual person, beginning with the most serious crime: criminal homicide. To
distinguish which specific type of criminal homicide has been committed, the
courts will look to the intent of the defendant. This becomes very important
when distinguishing between murder and manslaughter.
Of a less serious nature are the crimes of assault and battery.
This chapter discusses the various types of assault and ends by reviewing robbery,
violent sex crimes, kidnapping, and false imprisonment.
LEARNING
OBJECTIVES
Once you have finished this chapter, you should be able to:
- Identify
and define the types of criminal homicide.
- Distinguish
between kidnapping and false imprisonment.
- Outline
the different elements of both assault and battery.
- Explain
the theory underlying the rape shield law.
- Recognize
the different categories of hate crimes.
OUTLINE
- Criminal
Homicide—taking
another’s life in a manner proscribed by law; a killing in the absence of
justification or excuse
1. Suicide
2. Murder—an
unlawful killing with malice aforethought
3. Malice
aforethought—distinguishes murder from manslaughter; occurs whenthe defendant:
4. Forms
an intent to kill
5. Forms
an intent to inflict grievous bodily harm on another
6. Displays
a wanton or extremely reckless disregard for the risk to human life
7. Commits
a dangerous felony during the commission of which a death results
8. Capital
murder—a killing characterized by the existence of a statutorily definedaggravating
circumstance in addition to the other requirements for murder
9. First
degree murder—a killing characterized by premeditation
10.
Premeditation—careful,
prior deliberation of an act committed in cold blood
11.
Instantaneous premeditation—a
view of forethought to the crime that recognizes that “no time is too short for
a wicked man to frame in his mind the scheme of murder”
12.
Transferred intent—the
act of killing a person while intending to kill someone else
13.
Felony-murder rule—applies
a first degree murder charge to killing a person intentionally, recklessly, or
even accidentally while committing a dangerous felony
14.
Second degree murder—a
killing with a wanton
state of mind or an extremely reckless disregard for the
risk to human life
15.
Manslaughter—an unlawful killing without malice aforethought
16.
Voluntary manslaughter—killing:
17.
While in a state of passion (factual determination for the
factfinder to make)
18.
That was caused by adequate
provocation (circumstances that “would naturally tend to
arouse the passion of an ordinarily reasonable person”)
19.
Without a reasonable opportunity to cool off before killing
20.
Involuntary manslaughter—a
homicide that results from the defendant’s criminally negligent conduct or the
defendant’s commission of an unlawful act
21.
Reckless conduct—less serious than extreme recklessness but more
serious than simple negligence resulting in civil liability; courts consider
both the defendant’s subjective state of mind and objective evidence of the
extent to which the defendant’s conduct endangered another
22.
Misdemeanor-manslaughter rule—applies
a manslaughter charge to a homicide that results from the defendant’s
commission of an unlawful act
23.
Other forms of homicide—in most jurisdictions, involuntary
manslaughter is the lowest degree of criminal homicide; some jurisdictions,
however, have enacted statutes creating the crime of negligent homicide
24.
Assault and Battery—some jurisdictions have merged assault and
battery into a single offense
25.
Battery—the
unlawful application of force to the person of another (unlawful touching)
26.
A person cannot consent to any type of conduct that involves
serious injury
27.
Unlawful touching may involve direct body-to-body contact or an
indirect touching by some instrumentality used by the defendant
28.
Mental state—either an intent to strike another or a reckless
act that results in a touching
29.
Assault
30.
Occurs only if the defendant accompanies a threat with some
additional physical conduct
31.
Two categories of assault
32.
Attempted battery form of
assault—an act in which the defendant specifically intends to, and
comes close to, touching another
33.
Offer type of assault—places
another in fear of an imminent battery
34.
Stalking—following, harassing, threatening, lying in wait, or
conducting surveillance of another person
35.
Aggravated assault and battery—an attack that results in a more
serious injury or creates the potential for serious injury because the attacker
used a deadly weapon
36.
Mayhem—a
common law crime in which the victim was dismembered or disfigured in such a
way that the victim was less able to engage in self-defense
37.
Malicious wounding—the
shooting, stabbing, cutting, or wounding of any person with the intent to maim,
disfigure, disable, or kill
38.
Robbery—larceny
from the victim’s person or presence, by use of either force or threats of
force
39.
Extortion or blackmail—threats to
injure a person’s reputation or to expose a person to shame and ridicule
40.
Violent Sex Crimes
41.
Common law rape—sexual
intercourse with a woman other than the defendant’s wife by force and without
the victim’s consent
42.
Most statutes today have made the crime of rape gender neutral
43.
Marital rape exception—at common law, a man could not be
convicted of raping his wife
44.
Based on the theory that a wife was chattel and that when she
married her husband, she gave continuing consent to sex with him
45.
Most jurisdictions today, even those that retain the marital
rape exception, recognize that a man who physically forces his wife to have sex
with him is guilty of some form of assault and battery or the newly recognized
crime of marital rape
46.
Rape shield laws—laws
that prohibit the use of evidence of a victim’s prior sexual conduct, except
for prior consensual sexual relations with the defendant
VII. Kidnapping and False Imprisonment
1. Kidnapping—seizing
and carrying away another person by force, threat of force, fraud, or deception
(aggravated form of false imprisonment)
2. If
the victim is not returned within 24 hours after the taking, it is presumed
that the victim was transported across state lines, which makes it a federal
offense
3. The
carrying away of the victim requires that the forced movement be more than the
movement incidental to the commission of another crime
4. False
imprisonment—confining a person against the person’s will
VIII.
Civil Rights and Hate Crimes
1. Civil
rights statutes
2. Hate
crimes
KEYTERMS
adequate provocation
attempted battery form of assault
battery
blackmail
capital murder
common law rape
criminal homicide
extortion
false imprisonment
felony-murder rule
first degree murder
instantaneous premeditation
involuntary manslaughter
kidnapping
malice aforethought
malicious wounding
mayhem
misdemeanor-manslaughter rule
offer type of assault
premeditation
rape shield laws
robbery
second degree murder
transferred intent
voluntary manslaughter
wanton state of mind
HELPFUL
WEB SITES
U.S.
Department of Justice
Includes access to a separate division dealing with violence
against women.
National
Coalition against Domestic Violence
Access to conferences, proposals, and legislation addressing
domestic violence.
National
Center for Victims of Crime
Access to a Stalking Resource Center.
The
Oyez Project
http://www.oyez.org
Provides a variety of multimedia-based Supreme Court sources as
well as audio archives of oral arguments.
REVIEW
QUESTIONS
Fill-in-the-Blank
4. ____________________
distinguishes murder from manslaughter.
5. First
degree murder is a killing that is most often characterized by
____________________.
6. The
Court in People v.
Stamp used the ____________________ rule to find the defendant
guilty of first degree murder.
7. ____________________
places another in fear of an imminent battery.
8. The
crime of ____________________ occurs when the defendant shoots, stabs, cuts, or
wounds any person with the intent to maim, disfigure, disable, or kill.
9. The
use of evidence of the prior sexual conduct of the victim of a rape, except for
prior consensual sexual relations with the defendant, is prohibited by
____________________ laws.
10.
____________________ is an aggravated form of false
imprisonment.
11.
Larceny from the victim’s person or presence by the use of
either force or the threat of force is called a ____________________.
Essay
12.
Define malice aforethought and explain how it distinguishes
murder from manslaughter.
13.
Describe some of the factors that the court may look to when
determining whether a killing was premeditated.
14.
Explain the difference between voluntary and involuntary
manslaughter and give an example of each.
15.
Explain the marital rape exception, and explain how this
exception originated.
Answers
are on the following page.
NOTES
ANSWERS
Fill-in-the-Blank
16.
Malice aforethought
17.
premeditation
18.
felony-murder
19.
Offer type of assault
20.
malicious wounding
21.
rape shield
22.
Kidnapping
23.
robbery
Essay
24.
Malice aforethought occurs when the defendant forms an intent to
kill, forms an intent to inflict bodily harm on another, displays a wanton or
extremely reckless disregard for the risk to human life, or commits a dangerous
felony during the commission of which a death results. Malice aforethought is
an essential element of murder but does not exist in manslaughter.
25.
Evidence of planning activity and/or preconceived motives to
kill, or the manner of killing, negates the likelihood of a sudden decision to
kill.
26.
Voluntary manslaughter is a killing while in a state of passion,
which is caused by adequate provocation and without a reasonable time to cool
off. Involuntary manslaughter is a killing that results from the defendant’s
reckless or criminally negligent conduct or the defendant’s commission of an
unlawful act.
27.
The marital rape exception held that a man could not be
convicted of raping his wife. This exception came from the theory that a wife
was chattel and that when she married, she gave continuing consent to sex with
her husband.
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