Chapter 4 - Criminal Law - Terminology Flashcards
a person who aids in the commission of a crime
accessories
A “wrongful act” that, combined with other necessary elements of crime, constitutes criminal liability
actus reus
Defenses t o a criminal charge where the defendant bears the burden of proof (automatism, intoxication, etc.)
affirmative defenses
assault committed with a dangerous weapon or with intent to commit a felony
aggravated assault
a battery committed by use of an instrument designed to inflict great bodily harm on the victim
aggravated battery
assisting in or otherwise facilitating the commission of a crime
aiding and abetting
defense to a criminal charge that places the defendant at some place other than the scene of the crime at the time the crime occurred
alibi
violations of laws designed to protect the public from price-fixing, price discrimination and monopolistic practices in trade and commerce
antitrust violations
crime of intentionally burning someone else’s house or building now commonly extended to other property as well
arson
the attempt or threat to inflict bodily injury upon another person
assault
an offense (in some jurisdictions) of aiding or assisting a person to take his or her life
assisted suicide
an intent to commit a crime coupled with an act taken toward committing the offense
attempt
the condition under which a person performs a set of actions during a state of unconsciousness (sleepwalking)
automatism
a set of symptoms typically manifested by a child who has suffered continued physical or mental abuse, often from a parent or person having custody of the child
battered child syndrome
a set of symptoms typically manifest by a woman who has suffered continued physical or mental abuse, usually from a male with whom she lives
battered woman syndrome
the unlawful use of force against another person that entails some injury or offensive touching
battery
an illegal manipulation in submitting bids to obtain a contract, usually from a public body
bid rigging
institutions that provide systematic discipline in a military-like environment designed to rehabilitate an offender; employed as a sentencing alternative
boot camps
the crime of offering, giving, requesting, soliciting, or receiving something of value to influence a decision of a public official
bribery
at common law the crime of breaking and entering a house at night with the intent to commit a felony therein. Frequently consists of breaking and entering a structure or conveyance at any time with the intent to commit any offense therein.
burglary
crimes punishable by death
capital crimes
taking a motor vehicle from someone by force and violence or by intimidation
carjacking
At common law, the right to use whatever force is necessary to protect one’s dwelling and its inhabitants from an unlawful entry or attack
castle doctrine
an act that produces an event or an effect
causation
intentional disobedience of a court order
civil contempt
a sentence requiring that the criminal perform some specific service to the community for some specified period of time
community service
the acceptance of money or something else of value in exchange for an agreement not to prosecute a person for committing a crime
compounding a crime
crimes perpetrated through the use of computer technology
computer crimes
voluntary yielding to the will or desire of another person
consent
the crime of two or more persons agreeing or planning to commit a crime. Distinct from the target crime.
conspiracy
an action that embarrasses, hinder, obstructs or is calculated to lessen the dignity of a judicial or legislative body
contempt (or criminal contempt)
punishment that inflicts pain or injury on a person’s body
corporal punishment
the material thing upon which a crime has been committed (for example, a burned building) “The body of the crime.”
corpus delicti
the offense of using a credit card to obtain goods or services by a person who knows that the card has been stolen, forged or canceled.
credit card fraud
a necessary element of a crime–the evil design associated with the criminal act
criminal intent
the degree of force that may result in the death of the person against whom the force is applied
deadly force
capital punishment; a sentence to death for the commission of a crime
death penalty
prevention of criminal activity by punishing criminals so that others will not engage in some activity
deterrence
a privilege to be free from arrest and prosecution granted under international law to diplomats, their staffs and household members
diplomatic immunity
illegal behavior that disturbs the public peace or order
disorderly conduct
condition of being tried twice for the same offense
double jeopardy
the use of illegal confinement or threats of harm to coerce someone to do something he or she would not do otherwise
duress
the crime of using a position of trust or authority to transfer or convert the money or property of another to oneself
embezzlement
a system of legal rules and principles recognized and developed by English judges prior to the colonization of America and accepted as a basic aspect of the American legal system
English common law
the act of government agents in inducing someone to commit a crime that the person otherwise would not be disposed to commit
entrapment
statutes that impose punishment for violation of laws enacted to protect the environment and natural resources
environmental crimes
unlawfully fleeing to avoid arrest or confinement
escape
a death caused by accident or misfortune
excusable homicide
the crime of obtaining money or property by threats of force or the inducement of fear
extortion
the crime of holding someone against their will without legal justification
false imprisonment
the crime of obtaining money or property through misrepresentation
false pretenses
a serious crime for which a person may be incarcerated for more than one year
felonies
a homicide committed during the course of committing another felony other than murder (eg armed robbery). The felonious act substitutes for malice aforethought ordinarily required in murder
felony murder
sums of money exacted from criminal defendants as punishment for wrongdoing
fines
the highest degree of unlawful homicide, usually defined as “unlawful act committed with the premeditated intent to take the life of a human being”
first-degree murder
sacrifice of ownership of some right (usually property) as a penalty
forfeiture
the crime of making a false written instrument or materially altering a written instrument (eg a check or college transcript) with the intent to defraud
forgery
operating or playing a game for money in the expectation of gaining more than the amount played
gambling
the state of mind to do something prohibited by law without necessarily intending to accomplish the harm that results from the illegal act
general intent
credit toward early release from prison based on good behavior during confinement
good-time credit (gain time)
a sentencing alternative to incarceration where the offender is allowed to leave home only for employment and approved community service activities
house arrest
“in a chamber”. In private. Refers to a judicial proceeding or conference from which the public is excluded.
in camera
making it impossible for someone to do something
incapacitation
imprisonment
incarceration
an offense preparatory to committing another crime. includes attempt, conspiracy and solicitation
inchoate defense
the condition of being below the age of legal majority
infancy
a degree of mental illness that negates the legal capacity or responsibility of the affected person
insanity
transactions in securities by a person who operates “inside” a corporation and by using materials nonpublic information trades to his or her advantage without first disclosing that information to the public
insider trading
a state of drunkenness resulting from the use of alcoholic beverages or drugs
intoxication
killing another in self-defense or defense of other when there is serious danger of death or great bodily harm to self or others, or when authorized by law
justifiable homicide
the necessary and reasonable use of force by a person in self-defense, defense of another, or defense of property
justifiable use of force
the forcible abduction and carrying away of a person against that person’s will
kidnapping
at common law, the unlawful taking of property with the intent of permanently depriving the owner of same
larceny
“evil in itself”. Refers to crimes such as murder that are universally condemned
mala in se
“Prohibited evil.” Refers to crimes that are wrong primarily because the law declares them to be wrong.
mala prohibita
the crime of willful destruction of the personal property of another
malicious mischief
the crime of unlawful killing of another person without malice
manslaughter
at common law, the crime of injuring someone so as to render that person less able to fight (or to maim)
mayhem
law requiring convicted sex offenders released from prison to register with local law enforcement authorities
Megan’s Law
guilty mind, criminal intent
mens rea
a minor offense usually punishable by fine or imprisonment for less than a year
misdemeanors
unconscious ignorance of a fact or belief in the existence of something that does not exist
mistake of fact
an erroneous opinion of legal principles applied to a set of facts
mistake of law
Under this rule, for a defendant to be found not guilty by reason of insanity, it must be clearly proved that, at the time of committing the act, the defendant was suffering such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know what he was doing was wrong
M’Naghten Rule
published by the American Law Institute, this consists of the general provisions concerning criminal liability, sentences, defenses and definition of specific crimes. This is not law; rather, it is designed to serve as a model code of criminal law for all states.
Model Penal Code
the offense of disguising illegal income to make it appear legitimate
money laundering
the unlawful killing of a person by another with malice aforethought or premeditation or through depraved indifference to human life
murder
a condition that compels or requires a certain course of action
necessity
any criminal defenses not required to be specifically pled
negative defenses
explicit sexual material that is patently offensive, appeals to a prurient interesting in sex, and lacks serious scientific, artistic, or literary content.
obscenity
the crime of impeding or preventing law enforcement of the administration of justice.
obstruction of justice
syndicates involved in racketeering or other criminal activities
organized crime
conditional release from jail or prison of person who has served prt of his or her sentence
parole
an administrative board that determines if a prisoner should be released on parole and, if so, under what conditions
parole board
a prison
penitentiary
the crime of making material false statement under oath
perjury
sellers’ unlawful entering into agreements as to the price of products or services
price fixing
a perpetrator of or aider and abettor in the commission of a crime (separate from an accessory)
principals
conditional release of a convicted criminal in lieu of incarceration
probation
the branch of the criminal law that deals with the processes by which crimes are investigated, prosecuted and punished
procedural criminal law
the degree to which a particular punishment matches the seriousness of crime or matches the penalty other offenders have received for the same crime
proportionality
the act of selling sexual favors
prostitution
the cause that is nearest a given effect in a causal relationship
proximate cause
common law crime involving sexual intercourse by a male with a female, other than his wife, by force and against the will of the female
rape
laws that protect the identity of rape victims or prevent disclosure of victims’ sexual history
rape shield laws
a recurring pattern of physical and emotional symptoms experienced by rape victims
rape trauma syndrome
repetitive criminal activity
recidivism
restoring someone or something to its former status; a justification for punishment emphasizing reform rather than retribution
rehabilitation
the crime of obstructing or opposing a police officer making an arrest
resisting arrest
the act of compensating someone for losses suffered
restitution
something demanded in payment for a debt; in criminal law, the demand that a criminal pay his or her debt to society
retribution
acronym for Title IX of the Organized Crime Control ct of 1970
RICO (Racketeer Influenced and Corrupt Organizations)
rights to adequate food, clothing, shelter, medical care and sanitation s well s access to the courts; limited rights of expression and to exercise religious practices that do not disrupt prison routine
rights of prisoners
a public disturbance involving acts of violence, usually by three or more persons
riot
the crime of taking money or property from a person against that person’s will by means of force
robbery
typically refers to a killing perpetrated by any act imminently dangerous to another and evincing a depraved mind with no regard for human life, although without any premeditated design to effect the death of any particular individual
second-degree murder
singling out defendants for prosecution on the basis of race, religion or other impermissible classifications
selective prosecution
the protection of one’s person against an attack
self-defense
the crime of offering someone money or other thing of value in order to persuade that person to commit a crime
solicitation
the mental purpose to accomplish a certain prohibited act
specific intent
following or placing a person under surveillance and threatening that person with bodily harm, sexual assault, confinement or restraint or placing that person in reasonable fear of bodily harm, sexual assault, confinement or restraint.
stalking
The principle that past decisions should stand s precedents for future decisions
stare decisis
a law proscribing prosecutions for specific crimes after specified periods of time
statute of limitations
doctrine of law whereby liability is imposed upon a party irrespective of that party’s fault
strict-liability offenses
the crime of procuring someone to lie under oath
subordination of perjury
the doctrine that a person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, the person lacks substantial capacity either to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law
substantial capacity test
that branch of the criminal ,law that defines criminal offenses and defense, and specifies criminal punishment
substantive criminal law
crime that is the object of a conspiracy
target crime
false or deceptive conduct performed with the intent of violating revenue laws, especially the IRS
tax fraud
a grant of immunity applying to offenses that a witness’s testimony relates to
transactional immunity
the crime of attempting by overt acts to overthrow the government or of betraying the government to a foreign power
treason
a federal statute enacted by Congress in 1950 that consolidated and modified prior laws regulating the conduct of military personnel; established a revised code of military justice to apply uniformly in all the military services; and established a civilian court of appeals. Authorizes the President to promulgate a Manual for Courts- Martial binding on all persons subject it.
Uniform Code of Military Justice
a meeting of a group of individuals who intend to commit an unlawful act or to commit a lawful act in an unlawful manner
unlawful assembly
a grant of immunity that forbids prosecutors from using immunized testimony as evidence in criminal prosecutions
use immunity
the crime of passing a false or worthless instrument, such as a check, with the intent to defraud or injure the recipient
uttering a forged instrument
the willful destruction of the property of another person
vandalism
homicide resulting from the unlawful and negligent operation of a motor vehicle
vehicular homicide
the constitutional infirmity of a law that is so vague that a person of ordinary intelligence cannot determine what it permits, requires or prohibits
vice of vagueness
violations of federal and state statutes, local ordinances, and regulations designed to ensure that society treats everyone equally
violations of civil rights
various criminal offenses committed by persons in the upper socioeconomic strata of society, often in the course of the occupation or profession of such persons
white-collar crimes
an act or omission that infringes on the rights of another person
wrongful act or omission
