Related Research Articles
In criminal law, mens rea is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus before the defendant can be found guilty.
In law, attendant circumstances are the facts surrounding an event.
In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness.
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee.
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence.
An accessory is a person who assists, but does not actually participate, in the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree:
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the actus reus from which the specific injury or other effect arose and is combined with mens rea to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses.
In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit to the number participating in the conspiracy and, in most countries, the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect. For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability but may reduce their sentence.
A civil conspiracy is a form of conspiracy involving an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective. A form of collusion, a conspiracy may also refer to a group of people who make an agreement to form a partnership in which each member becomes the agent or partner of every other member and engage in planning or agreeing to commit some act. It is not necessary that the conspirators be involved in all stages of planning or be aware of all details. Any voluntary agreement and some overt act by one conspirator in furtherance of the plan are the main elements necessary to prove a conspiracy.
The Pinkerton liability rule was pronounced by the Supreme Court of the United States in Pinkerton v. United States, in 1946. Walter and Daniel Pinkerton were brothers who were charged with one count of conspiracy and ten substantive counts under the Internal Revenue Code. A jury found each of them guilty of the conspiracy and several of the substantive counts. The main issue arose from the fact that there was no evidence to show that Daniel Pinkerton participated directly in the commission of the substantive offenses, although there was evidence showing that these substantive offenses were committed by Walter Pinkerton in furtherance of the unlawful agreement or conspiracy existing between the brothers.
Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators of that crime, and who shared with them an intent to act to complete the crime. A person is an accomplice of another person in the commission of a crime if they purpose the completion of a crime, and toward that end, if that person solicits or encourages the other person, or aids or attempts to aid in planning or committing the crime, or has legal duty to prevent that crime but fails to make an effort to prevent it properly.
United States v. Oppenheimer, 242 U.S. 85 (1916), was a landmark Supreme Court decision applying the common law concept of res judicata to criminal law cases.
United States v. Crimmins, 123 F.2d 271, was a case before the United States Court of Appeals for the Second Circuit about conspiracy to transport stolen securities in interstate commerce, 18 U.S.C. § 415. John D. Crimmins, a lawyer practicing in Syracuse, New York, was convicted for his part in a conspiracy in which he bought stolen securities from an accomplice who also lived in New York. Crimmins appealed on the grounds that he did not know the bonds had been transported across state lines.
United States v. Weitzenhoff, 35 F.3d 1275 is a legal opinion from the Ninth Circuit Court of Appeals that addresses the confusing mens rea requirement of a federal environmental law that imposed criminal sanctions on certain polluters. The main significance of the court's opinion was that it interpreted the word "knowingly" in the statute to mean a general awareness of the wrongfulness of one's actions or the likelihood of illegality, rather than an actual knowledge of the statute being violated. Circuit Court Judge Betty Binns Fletcher authored the majority's legal opinion in this case.
A tax protester is someone who refuses to pay a tax claiming that the tax laws are unconstitutional or otherwise invalid. Tax protesters are different from tax resisters, who refuse to pay taxes as a protest against a government or its policies, or a moral opposition to taxation in general, not out of a belief that the tax law itself is invalid. The United States has a large and organized culture of people who espouse such theories. Tax protesters also exist in other countries.
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets another person in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if he or she is not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else". However, some jurisdictions have merged being an accessory before the fact with aiding and abetting.
The eggshell rule is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them.
United States v. Vampire Nation, 451 F.3d 189, is a 2006 decision of the United States Court of Appeals for the Third Circuit regarding the Federal Sentencing Guidelines and asset forfeiture. A three-judge panel unanimously affirmed the conviction and sentence of Frederick Banks, a Pittsburgh man, on numerous felony charges resulting from fraudulent schemes carried out over the Internet. The case takes its title, which has been singled out as memorable and included among lists of amusingly titled cases, from one of Banks' aliases, an electronic music group of which he was the sole regular member. He had filed the appeal under that name while representing himself.
Ocasio v. United States, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court clarified whether the Hobbs Act's definition of conspiracy to commit extortion only includes attempts to acquire property from someone who is not a member of the conspiracy. The case arose when Samuel Ocasio, a former Baltimore, Maryland police officer, was indicted for participating in a kickback scheme with an automobile repair shop where officers would refer drivers of damaged vehicles to the shop in exchange for cash payments. Ocasio argued that he should not be found guilty of conspiring to commit extortion because the only property that was exchanged in the scheme was transferred from one member of the conspiracy to another, and an individual cannot be found guilty of conspiring to extort a co-conspirator.
A hub-and-spoke conspiracy is a legal construct or doctrine of United States antitrust and criminal law. In such a conspiracy, several parties ("spokes") enter into an unlawful agreement with a leading party ("hub"). The United States Court of Appeals for the First Circuit explained the concept in these terms:
In a "hub-and-spoke conspiracy," a central mastermind, or "hub," controls numerous "spokes," or secondary co-conspirators. These co-conspirators participate in independent transactions with the individual or group of individuals at the "hub" that collectively further a single, illegal enterprise.
References
- ↑ Perkins v. Territory of Oklahoma, 1900OK98 (Supreme Court of OklahomaSeptember 5, 1900)("No attempt was ever made by the prosecution to establish a conspiracy, and the court in his instructions to the jury entirely ignored the conspiracy theory.").
- ↑ U.S. v. Sabatino, 943F.2d94, 96 (US Court of Appeals for the First Circuit1991).
- 1 2 3 4 Leach, T.J. (October 1999). "Civil Conspiracy: What's the Use". U. Miami L. Rev. 54 (1).
- ↑ "Case Theory In A Nutshell" (PDF). benchmarkinstitute.org. Retrieved October 28, 2018.
- ↑ United States v. Lemm, 680F.2d1193, 1201(United States Court of Appeals, Eighth Circuit1982).
- ↑ Collins v. United States , 73A.3d974 (D.C. Court of Appeals2013).
- ↑ Wilson–Bey v. United States, 903A.2d818, 840 (D.C. Court of Appeals2006).
- ↑ Collins v United States [6] citing Wilson–Bey v. United States [7]
- ↑ United States ex rel. Anita Silingo v. WellPoint, Inc., 895F.3d619 (United States Court of Appeals, Ninth Circuit2018).
- ↑ Husky International Electronics, Inc., v. Daniel Lee Ritz, Jr., 15145 (oral argument) (US Supreme Court2016).
- ↑ 1A Fed. Jury Prac. & Instr: Part II. General Instructions for Federal Criminal Cases: Chapter 19. The Defense: § 19:07 Alibi—Explained (6 ed.). Westlaw. 2018.
- ↑ Yanev, Lachezar D. (2018). Theories of Co-perpetration in International Criminal Law. Brill. p. 86. ISBN 9789004357501.
- ↑ "Law and Order, season 5 episode 10, House Counsel". Archived from the original on 2014-09-07.