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Si YOU DECIDE Is it wise public policy to make parents guilty for their children's crimes? I usan and Anthony Provenzino of St. Clair Shores, Michigan, knew their 16-year-old son, Alex, was trou- bled. His first arrest occurred in May 1995, and in the year that followed, he continued his delinquent behavior by committing burglary, drinking alcohol, and using and sell- ing marijuana. Alex was difficult at home as well, verbally abusing his parents and once attacking his father with a golf club. Although the Provenzinos were disturbed by Alex's behavior, they supported his release from juvenile custody during the fall of 1995, fearing he would be mis- treated in the youth facility where he was detained-a facility where juveniles charged with more violent crimes were housed. It is unlikely that the Provenzinos expected to be the first parents tried and convicted of violating a two-year- old St. Clair Shores ordinance that places an affirmative responsibility on parents to "exercise reasonable control over their children." On May 5, 1996, however, after a jury deliberated only 15 minutes, the Provenzinos were con- victed of violating the parental accountability ordinance. They were each fined $100 and ordered to pay an addi- tional $1,000 in court fees. Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Instructions 1. Go to the Office of Juvenile Justice and Delinquency Prevention's essay, "Parental Responsibility Laws," at http://www.ojjdp.gov/pubs/reform/ch2_d.html. 2. Read the section "Juvenile Justice Reform Initiatives in the States 1994-1996: Parental Responsibility Laws." Pay special attention to parents' responsibility for their children's crimes. 3. Compile a list of the various responses-criminal, civil, and private-to parental responsibility for their chil- dren's crimes. 4. Based on these materials, which of the alternatives is the wisest ethical public policy? LO1 LO2 LO3 LO4 LO5 LO6 LO7 Summary Although both complicity and vicarious liability involve more than one party, they differ critically. Complicity establishes when you can be held criminally liable for someone else's conduct. Vicarious liability establishes when a party can be crimi- nally liable because of a relationship. Today, there are two parties to criminal com- plicity: (1) accomplices, participants before and during the commission of crimes and, (2) accessories, participants after crimes are committed. Accomplice liability is very serious business and results in prosecution for the crime itself; for example, accomplices to murder are prosecuted as murderers. Accom- plices are often confused with co-conspirators, but they're two completely different crimes. Conspiracy is an agreement to commit a crime; for example, conspiracy to commit murder is not murder but a lesser offense of agreeing to murder. Accomplice actus reus boils down to one core idea: the actor took "some positive act in aid of the commission of the offense". Mere presence when a crime is committed isn't enough to satisfy the actus reus requirement of accomplice liability, even if it is followed by flight from the crime. Failing to act or stop the crime also fails to meet the requirement unless there was a duty to act. Accomplice mens rea is clear in cases in which the mental attitude is “purposely." Courts remain divided, however, over the question of whether knowledge is enough to establish accomplice mens rea. Accessory liability is less blameworthy than participation in the crime itself; it is usually a misdemeanor offense. Vicarious liability transfers the actus reus and mens rea of one person to another person-or from one or more persons to an enterprise-because of their relationship. Vicarious liability can only be created by statute. Most vicarious liability involves business relationships, such as employer-employee, manager-corporation, buyer-seller, producer-consumer, and service provider- recipient. Sometimes, individuals are vicariously liable for their agents' actions. Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it./nRead the passage on page 267 of our text with regard to parent liability. Please do a Google search on parents being found guilty of their child's crimes provide your opinion on the verdict and support your opinions with the applicable content of Chapter 7. 2-3 paragraphs

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