I. REVIEWING WHAT YOU LEARNED
01. Who brings the action in a criminal case?
It is the state that brings the case against the defendant.
02. What is an ex post facto law?
Ex post facto law modifies the legal consequences (or status) of actions or relationships that occurred prior to the enactment of the law.
03. How does a crime that is mala in se differ from a crime that is mala prohibita?
Mala prohibita is acts or omissions which are not inherently wrongful or immoral by themselves. The act becomes a crime because of certain statutes or laws prohibiting such acts or omission and because a criminal statute made it so. Hence, they become punishable under such laws. Usually, mala prohibita are crimes or offenses which do not harm people and property.
On the other hand, mala in se is acts or omissions, in contrast with mala prohibita, which do not need special criminal statutes to criminalize those acts or omission simply by violating such special laws. In mala in se, the acts or omissions itself are inherently wrongful and immoral.
04. List the three classifications of crimes.
Crimes are usually classified as treason, felony or misdemeanor.
05. What is the difference between a felony and a misdemeanor?
Felonies are considered to be more serious crimes with harsher penalties and a more complicated legal process. Despite the fact that misdemeanors are less serious than felonies, a misdemeanor conviction often results in a fine and, in some cases, jail time. Infractions are sometimes classified as traffic offenses and normally entail merely a fine. It is possible to be charged with breaking federal, state, or local laws.
06. What is the difference between a principal in the first degree and a principal in the second degree?
A principal in the first degree is a person who actually commits a felony either by his or her own hand or through an innocent agent. In contrast, a principle in the second degree is one who did not commit the act, but who was actually or constructively present, aiding and abetting another in the commission of the felony.
07. How does the punishment of a principal in the first degree compare with that of a principal in the second degree?
At common law and in most states today a principal in the second degree is subject to the same punishments as that given to a principal in the first degree.
08. What is the difference between an accessory before the fact and an accessory after the fact?
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, comforts, or assists another, with knowledge that the other person has committed a felony.
09. Is the punishment for an accessory before the fact the same as that for a principal to a crime?
No it isn't.
10. Under Rhode Island law and Massachusetts law, who cannot be held liable as an accessory after the fact?
Under Rhode Island law and Massachusetts law, a criminal's spouse, parent, grandparent, child, grandchild, brother, or cannot be held liable as an accessory after the fact to the criminal.
II. UNDERSTANDING LEGAL CONCEPTS
01. A crime is an offense against the individual victim alone. It is not a wrong against all of society. FALSE (the public at large; is)
02. A felony is a less serious crime than a misdemeanor. FALSE (more)
03. A crime that is wrong in and of itself is called a crime mala in se. TRUE
04. Petit treason is a crime that is a crime that is defined in the U.S Constitution.
FALSE (Treason)
05. No act is criminal unless it is both prohibited a penalized by the law of the jurisdiction in which it is committed. TRUE
06. One who intentionally places poison in a glass is a principal in the first degree even though the glass containing the poison is delivered to the victim by an innocent third person. TRUE
07. A principal in the second degree is one who procures counsels, or commands another to commit a felony, but who is not present when the felony is committed.
FALSE (An accessory before the fact)
08. Mere knowledge that a specific crime is going to be committed by another person is enough for someone to become an accessory before the fact.
FALSE (is not enough)
09. At common law, a wife could not be held as an accessory after the fact to a crime committed by her husband, under the theory that she was under the husband's coercion. TRUE
10. In general, an accessory before the fact is subject to the same punishment as that given to a principal.
FALSE (a principal in the second degree)
III. 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 crime, because it was an offense against the public at large. Bonnie, with a 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 get-away car. Abigail would be classified as an accessory before the fact, Bonnie an principal in the first degree and Clyde a principal in the second degree to robbery, which is a felony rather than a 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 an accessory after the fact, because she is a close relative.
She could not be tried - that is, ex post facto 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 felons. 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. Had Bonnie and Clyde been born generations later, they wouldn’t have needed to physically go to a bank to access its assets. Instead, they could have hacked into the bank’s computer mainframe and transferred the bank’s electronically listed deposits into their own accounts. Or, they could have sent thousands of spams to unsuspecting Internet users, attempting to commit identity theft, which would allow Bonnie and Clyde to use other people’s identities.
IV. CHECKING TERMINOLOGY
01. Evidence discovered unlawfully by officers acting in good faith, but under the mistaken belief that a search that was valid, can be used at the trial of a defendant.-> s. good faith exception to the exclusionary rule
02. Under the influence of alcohol or drugs a defense that rarely works.
-> y. intoxication
03. A minor crime; not a felony.-> cc. midemeanor
04. Wrong in and of itself.-> z. mala in se
05. Evidence offered by a defendant to defeat a criminal charge or civil lawsuit.-> l. defense
06. One who actually commits a felony.
-> gg. principal in the first degree
07. A major crime, punishable by imprisonment in a state prison.
-> q. felony
08. One who procures, counsels, or commands another to commit a felony, but who is not present when the felony is committed.
-> b. accessory before the fact
09. Tried twice for the same offense.-> m. double jeopardy
10. After the fact.-> p. ex post facto
11. One who did not commit the act, but who was present, aiding and abetting another in the commission of a felony.
-> hh. Principal in the second degree
12. A defense available to mentally ill defendants who can prove that they did not know the difference between right and wrong or did not appreciate the criminality of their conduct.-> x. insanity
13. Prohibited wrong.-> aa. mala prohibita
14. The statutory and case law used in England and in the American Colonies before the American Revolution.-> g. common law
15. A written order of the court authorizing law enforcement officers to search and seize certain property.-> jj. Search warrant
16. One who receives, relieves, comforts, or assists another, with knowledge that the other has committed a felony.-> a. accessory after the fact
17. An excuse for the use of force in resisting attack.-> kk. Self-defense
18. Acts against the king (under the English common law).-> t. high treason
19. 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.-> n. entrapment
20. Participating in a crime by giving assistance or encouragement.
-> e. aiding and abetting
21. A search warrant is not needed to seize items that are plain view of lawfully positioned police officer.-> ff. plain view doctrine
22. A defense that places the defendant in a different place than the crime scene so that it would have been impossible for the defendant to have committed the crime.-> f. alibi
23. Acts against one's master or lord (under the English common law).
-> ee. petit treason
24. The getting together of two or more people to plan and accomplish some criminal or unlawful act.-> h. conspiracy
25. Anyone who takes part with another in the commission of a crime.
-> c. accomplice
26. Laws that impose a penalty or punishment for a wrong against society.
-> dd. penal laws
27. The person who brings charges against those whom the police have attested for crimes.-> ii. prosecutor
28. A search warrant that is not needed when police pursue a fleeing suspect into a private area.-> u. hot pursuit doctrine
29. A rule that allows police officers who believe a person is acting suspiciously and could be armed to stop and frisk the suspect without a search warrant.
-> ll. stop and frisk rule treason
30. Made so by legal interpretation.-> i. constructively
31. Evidence generated or derived from an illegal search or seizure that cannot be used at the trial of a defendant.
-> r. fruit of the poisonous tree doctrine
32. Evidence obtained by an unconstitutional search or seizure that cannot be used at the trial of a defendant.-> o. exclusionary rule
33. Levying war against the United States or giving aid and comfort to its enemies.-> treason
34. A law enforcement action, such as a detention or attest, based solely on the race, religion, national origin, ethnicity, gender, or sexual orientation of ae person charged.-> v. illegal profiling
35. Criminal intent -> bb. mens rea
36. A voluntary act. -> d. actus reus
V. PUZZLING OVER WHAT YOU LEARNED
Caveat: Do not allow squares for spaces between words and punctuation (apostrophes, hyphens, etc.) when filling in crossword.
Across
1. A defense available to mentally ill defendants. INSANITY
6. The levying of war against the United States or giving aid and comfort to its enemies. TREASON
9. One who receives, relieves, comforts, or assists another with knowledge that the other has committed a felony. ACCESSORY AFTER THE FACT
11. Criminal intent. MENS REA
13. Evidence obtained by an unconstitutional search or seizure that cannot be used at the trial of a defendant. EXCLUSIONARY RULE
15. Wrong in and of itself. MALA IN SE
16. Evidence offered by a defendant to defeat a criminal charge or civil lawsuit. DEFENSE
17. A voluntary act. ACTUS REUS
18. The case law used in England and the American colonies before the American Revolution. COMMON LAW
19. Acts against one's master or lord. PETIT TREASON
20. Participating in a crime by giving assistance or encouragement. AIDING AND ABETTING
Down
2. An excuse of the use of force in resisting attack. SELF-DEFENSE
3. After the fact. EX POST FACTO
4. A rule that allows police officers who believe a person is acting suspiciously and could be armed to stop and frisk that person for weapons without a search warrant. STOP AND FRISK RULE
5. The getting together of two or more people to accomplish some criminal or unlawful act. CONSPIRACY
7. A written order of the court authorizing law enforcement officers to search and seize certain property. SEARCH WARRANT
8. Anyone who takes part with another in the commission of a crime. ACCOMPLICE
10. Acts against the king (under the English common law). HIGH TREASON
12. A major crime, punishable by imprisonment in a state prison. FELONY
14. Laws that impose a penalty or punishment for a wrong against society. PENAL LAW
17. 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. ALIBI
Source: Brown, G. W., & Kauffman, K. D. (1998). Legal terminology. Prentice Hall.
Chapter 10: Crimes, Accomplices and Defenses, Book 1, Pages 95-98
Edited by Nguyễn Nhật Linh
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