FYLSX Inchoate Offenses and Parties 4

Question 1

Uma hires Vince to murder Walt. Vince agrees. Uma is best described as:

Accepted Answer

An accessory before the fact

Answer

Under common law, one who commands, counsels, or procures a felony but is not present is an accessory before the fact.

Question 2

Xena is present at a robbery, serving as lookout outside the store while Yuri commits the robbery inside. Xena is best classified as:

Accepted Answer

A principal in the second degree

Answer

A principal in the second degree is constructively present (nearby aiding) during the commission of the crime, like a lookout.

Question 3

Zack drives the getaway car after a bank robbery committed by Amy. Zack knew about the robbery in advance and agreed to help. He is:

Accepted Answer

A principal in the second degree

Answer

Agreeing to help in advance and being present (constructively, as getaway driver) makes Zack a principal in the second degree, not merely an accessory after the fact.

Question 4

Under modern law, what is the most common approach to accomplice liability?

Accepted Answer

All parties who aid, abet, or assist are treated as principals

Answer

Modern statutes have largely abolished the common law distinctions, treating all who aid, abet, counsel, or procure the crime as principals.

Question 5

Beth knows her brother Carl robbed a store and hides him from police. Beth is guilty of:

Accepted Answer

Accessory after the fact

Answer

An accessory after the fact knowingly assists a felon to escape or avoid arrest after the felony has been completed.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Inchoate Offenses and Parties 4