Chapter 1 Crimes, Accomplices, and Defenses
1. The federal, state, or local government brings the action in a criminal case.
2. An ex post facto law is a law that holds a person criminally responsible for an act that was not a crime at the time of its commission.
3. A crime that is mala in se requires a wrongful or unlawful intent on the part of the perpetrator. A crime that is mala prohibita requires no such wrongful intent.
4. Treason, felonies, and misdemeanors are three classifications of crimes.
5. A felony is a major crime. A misdemeanor is a less serious crime than a felony.
6. A principal in the first degree is one who actually commits a felony. A principal in the second degree is one who did not commit the act but was present, aiding and abetting another in the commission of a felony.
7. A principal in the second degree is subject to the same punishment as that given to a principal in the first degree.
8. An accessory before the fact is one who procures, counsels, or commands another to commit a felony, but who is not present when the felony is committed. An accessory after the fact is one who receives, relieves, comforts, or assists another with knowledge that the other person has committed a felony.
9. In general, an accessory before the fact is subject to the same punishment as a principal.
10. A criminal's spouse, parent, grandparent, child, grandchild, brother, or sister cannot be liable as an accessory after the fact in Rhode Island and Massachusetts.
Understanding Legal Concepts
1. F, the public at large, is 6. T
2. F, more 7. F, accessory before the fact
3. T 8. F, is not enough
4. F, treason 9. T
5. T 10. T
Checking Terminology
1. s 8. q 15. x 22. dd 29. h 36.r
2. j 9. b 16. g 23. e 30. c 37.o
3. d 10. m 17. ii 24. ee 31. bb 38.ll
4. aa 11. p 18. a 25. y 32. z
5. w 12. gg 19. jj 26. k 33. u
6. l 13. v 20. t 27. f 34. kk
7. ff 14. hh 21. n 28. cc 35. i
Using Legal Language
Abigail hired two accomplices, Bonnie and Clyde, to rob a bank. She waited at home while the others carried out the act, which was a(n) crime, because it was an offense against the public at large. Bonnie, with the state of mind known as mens rea, went into the bank and committed the robbery, while Clyde, who was aiding and abetting, waited outside in the getaway car. Abigail would be classified as a(n) accessory before the fact, Bonnie a(n) principal in the first degree, and Clyde a(n) principal in the second degree to robbery, which is a(n) felony rather than a(n) misdemeanor. It is also a crime that is mala in se because it is wrong in and of itself. After the commission of the crime, Bonnie and Clyde drove to the home of their sister, Dinah, who took them in knowing that they had robbed the bank. Dinah was found not guilty of being a(n) accessory after the fact, because she is a close relative. She could not be tried—that is, prosecuted—a second time for the same offense because it would put her in double jeopardy, which is against the U.S. Constitution. When Abigail, Bonnie, and Clyde agreed to commit the robbery and took action to carry it out, they committed the crime of conspiracy. Once they were convicted, they were called malefactors. They had no defense, that is, evidence to defeat the criminal charges against them, and they had no alibi that placed them in a different place than the crime scene.
Puzzling Over What You Learned
1 / P / 2 / T / I / T / T / R / E / A / S / O / N / 3E / P
4 / 5
X / A / C / T / U / S / R / E / U / S
P / O / E
6 C / O / N / S / P / I / R / A / C / Y / 7 / S / A
P
S / 8 E / L / E / R
9
T / M / I / S / D / E / M / E / A / N / O / R / A / C / C
F / T / I / U / H
10 / 11 / N
A / A / P / R / T / W
12 / A / C / O / M / P / L / I / C / E / 13 / T / A
C / A / E
M
T / I / N / P / A / I / R
O / 14 / B / 15 / A / L / E / F / A / C / 16 / O / R
D / A / M / T
E / I / L / E / A / F / R / A
17 / 18 / W / P / 19
M / F / C / N / D / E / N
20 / T
A / C / C / E / S / S / O / R / Y / A / F / E / R / T / H / E / F / A / C / T
L / I / Y / O / F / S
N
S / 21 / E / L / O / N / Y
A / M / S / H / F
22 / E
I / M / E / N / S / R / A / I / N / N
N / B / D
23 / E / L / F / D / E / F / E / N / S / E / 24 / A
S / I / N / S / N / I / T / Y
N
E / T
25
A / I / D / I / N / G / A / N / D / A / B / E / T / T / I / N / G
Caveat: Do not allow squares for spaces between words and punctuation (apostrophes, hyphens, etc.) when filling in crossword.
Across
1. Acts against one's master or lord.
4. A voluntary act.
6. The getting together of two or more people to accomplish some criminal or unlawful act.
9. A minor crime; not a felony.
12. Anyone who takes part with another in the commission of a crime.
15. A person found guilty of a crime.
20. One who receives, relieves, comforts, or
assists another with knowledge that the other has committed a felony.
21. A major crime, punishable by imprisonment in a state prison.
22. Criminal intent.
23. An excuse for the use of force in resisting attack.
24. A defense available to mentally ill defendants.
25. Participating in a crime by giving assistance or encouragement.
Down
2. After the fact.
3. To proceed against a person criminally.
5. A written order of the court authorizing law enforcement officers to search and seize certain property.
7. A person who brings a legal action against another.
8. A defense that may be used when a police officer induces a person to commit a crime that the person would not have otherwise committed.
10. A defense that places the defendant in a different place than the crime scene so that it would have been impossible to commit the crime.
11. Laws that impose a penalty or punishment for a wrong against society.
13. Prohibited wrong.
14. Evidence offered by a defendant to defeat a criminal charge or civil lawsuit.
16. The levying war against the United States or giving aid and comfort to its enemies.
17. Wrong in and of itself.
18. A wrong against society.
19. A person against whom a legal action is brought.