Complicity and Vicarious Liability

Assignment 6

Chapter 6 Complicity and Vicarious Liability. Textbook: Criminal Law
Read Chapter 6 Complicity and Vicarious Liability and answer the essay questions. Review all key terms.
Each response must be a minimum of 500 words. APA style format using 12 point font and double spaced. Citation is required for utilizing any work or words other than your own. Include a title page and a reference page. The two essays may be distinguished by indicating scenario 1 and scenario 2.
Scenario 1
Don kidnapped his seven-year-old daughter, Brittany, after the family court refused to give him legal visitation rights. Don and Brittany are on the run and need a place to hide from authorities. Don arrives unannounced at the home of his childhood friend, Joe, explains and begs for help. Joe agrees to let Don and Brittany stay at his home for as long as necessary and does not notify the police.

Using today’s definitions for complicity, is Joe and accomplice or an accessory? Why or Why not?

Instructions
1. Before deciding if Joe is an accomplice or an accessory, you will need to research all aspects and include in your essay response.
2. Define and explain who the principle is in the first degree and who is the principle in the second degree.
3. Define and explain accessory before the fact and accessory after the fact. Which is it in this scenario?
4. Define and explain accomplices and accessories. Which is appropriate in this scenario and why?
5. What are Joe’s options when asked to assist?
6. What charges, if any, could Joe face?
7. Research a similar case to the scenario where someone was what you chose (accomplice or accessory) and discuss the similarities in your essay.
8. What would you do in the case and why?
Scenario 2

Judy Smart is a 17-year-old high school junior. One Saturday night, she is drinking beer with a number of her high school friends in the basement of her home. Judy’s parents, Bob and Mary Smart, are home at the time. They did not buy the beer the underage minors are consuming, but they are aware of the party in their basement. Bob and Mary Smart do nothing to stop the party. On the way home, one intoxicated minor is killed when she drives her car into a ditch.

Can Bob and Mary Smart be charged with a crime? Why or why not?
1. Define and discuss vicarious liability and the two conditions of vicarious liability.
2. Define and discuss the components of individual vicarious liability:
a. Parental liability for a child’s behavior. Discuss the two main types.
b. Principal-agent liability.
3. Research and explain Social host liability. Does it apply here?
4. Are Bob and Mary responsible for the death of the minor?
5. What, if any, charges or fines may Bob and Mary Smart face?
6. Research two similar cases where parents were held responsible for under aged drinking in the home and discuss in your essay response.
a. Utilize reputable sources such as the textbook, school database, major networks/news. Information can be based on case studies, news, periodicals and/or journals.
7. Should parents be aware of laws of providing alcohol or allowing under age drinking at their home? Should they know what their children are doing in the home especially if they have friends over? Should they have specific rules and how should they ensure they are being followed when the children and friends are not in their direct supervision?