Chapter 4 - Criminal Law - Terminology Flashcards
1
Q
a person who aids in the commission of a crime
A
accessories
2
Q
A “wrongful act” that, combined with other necessary elements of crime, constitutes criminal liability
A
actus reus
3
Q
Defenses t o a criminal charge where the defendant bears the burden of proof (automatism, intoxication, etc.)
A
affirmative defenses
4
Q
assault committed with a dangerous weapon or with intent to commit a felony
A
aggravated assault
5
Q
a battery committed by use of an instrument designed to inflict great bodily harm on the victim
A
aggravated battery
6
Q
assisting in or otherwise facilitating the commission of a crime
A
aiding and abetting
7
Q
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
A
alibi
8
Q
violations of laws designed to protect the public from price-fixing, price discrimination and monopolistic practices in trade and commerce
A
antitrust violations
9
Q
crime of intentionally burning someone else’s house or building now commonly extended to other property as well
A
arson
10
Q
the attempt or threat to inflict bodily injury upon another person
A
assault
11
Q
an offense (in some jurisdictions) of aiding or assisting a person to take his or her life
A
assisted suicide
12
Q
an intent to commit a crime coupled with an act taken toward committing the offense
A
attempt
13
Q
the condition under which a person performs a set of actions during a state of unconsciousness (sleepwalking)
A
automatism
14
Q
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
A
battered child syndrome
15
Q
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
A
battered woman syndrome
16
Q
the unlawful use of force against another person that entails some injury or offensive touching
A
battery
17
Q
an illegal manipulation in submitting bids to obtain a contract, usually from a public body
A
bid rigging
18
Q
institutions that provide systematic discipline in a military-like environment designed to rehabilitate an offender; employed as a sentencing alternative
A
boot camps
19
Q
the crime of offering, giving, requesting, soliciting, or receiving something of value to influence a decision of a public official
A
bribery
20
Q
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.
A
burglary
21
Q
crimes punishable by death
A
capital crimes
22
Q
taking a motor vehicle from someone by force and violence or by intimidation
A
carjacking
23
Q
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
A
castle doctrine
24
Q
an act that produces an event or an effect
A
causation
25
intentional disobedience of a court order
civil contempt
26
a sentence requiring that the criminal perform some specific service to the community for some specified period of time
community service
27
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
28
crimes perpetrated through the use of computer technology
computer crimes
29
voluntary yielding to the will or desire of another person
consent
30
the crime of two or more persons agreeing or planning to commit a crime. Distinct from the target crime.
conspiracy
31
an action that embarrasses, hinder, obstructs or is calculated to lessen the dignity of a judicial or legislative body
contempt (or criminal contempt)
32
punishment that inflicts pain or injury on a person's body
corporal punishment
33
the material thing upon which a crime has been committed (for example, a burned building) "The body of the crime."
corpus delicti
34
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
35
a necessary element of a crime--the evil design associated with the criminal act
criminal intent
36
the degree of force that may result in the death of the person against whom the force is applied
deadly force
37
capital punishment; a sentence to death for the commission of a crime
death penalty
38
prevention of criminal activity by punishing criminals so that others will not engage in some activity
deterrence
39
a privilege to be free from arrest and prosecution granted under international law to diplomats, their staffs and household members
diplomatic immunity
40
illegal behavior that disturbs the public peace or order
disorderly conduct
41
condition of being tried twice for the same offense
double jeopardy
42
the use of illegal confinement or threats of harm to coerce someone to do something he or she would not do otherwise
duress
43
the crime of using a position of trust or authority to transfer or convert the money or property of another to oneself
embezzlement
44
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
45
the act of government agents in inducing someone to commit a crime that the person otherwise would not be disposed to commit
entrapment
46
statutes that impose punishment for violation of laws enacted to protect the environment and natural resources
environmental crimes
47
unlawfully fleeing to avoid arrest or confinement
escape
48
a death caused by accident or misfortune
excusable homicide
49
the crime of obtaining money or property by threats of force or the inducement of fear
extortion
50
the crime of holding someone against their will without legal justification
false imprisonment
51
the crime of obtaining money or property through misrepresentation
false pretenses
52
a serious crime for which a person may be incarcerated for more than one year
felonies
53
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
54
sums of money exacted from criminal defendants as punishment for wrongdoing
fines
55
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
56
sacrifice of ownership of some right (usually property) as a penalty
forfeiture
57
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
58
operating or playing a game for money in the expectation of gaining more than the amount played
gambling
59
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
60
credit toward early release from prison based on good behavior during confinement
good-time credit (gain time)
61
a sentencing alternative to incarceration where the offender is allowed to leave home only for employment and approved community service activities
house arrest
62
"in a chamber". In private. Refers to a judicial proceeding or conference from which the public is excluded.
in camera
63
making it impossible for someone to do something
incapacitation
64
imprisonment
incarceration
65
an offense preparatory to committing another crime. includes attempt, conspiracy and solicitation
inchoate defense
66
the condition of being below the age of legal majority
infancy
67
a degree of mental illness that negates the legal capacity or responsibility of the affected person
insanity
68
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
69
a state of drunkenness resulting from the use of alcoholic beverages or drugs
intoxication
70
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
71
the necessary and reasonable use of force by a person in self-defense, defense of another, or defense of property
justifiable use of force
72
the forcible abduction and carrying away of a person against that person's will
kidnapping
73
at common law, the unlawful taking of property with the intent of permanently depriving the owner of same
larceny
74
"evil in itself". Refers to crimes such as murder that are universally condemned
mala in se
75
"Prohibited evil." Refers to crimes that are wrong primarily because the law declares them to be wrong.
mala prohibita
76
the crime of willful destruction of the personal property of another
malicious mischief
77
the crime of unlawful killing of another person without malice
manslaughter
78
at common law, the crime of injuring someone so as to render that person less able to fight (or to maim)
mayhem
79
law requiring convicted sex offenders released from prison to register with local law enforcement authorities
Megan's Law
80
guilty mind, criminal intent
mens rea
81
a minor offense usually punishable by fine or imprisonment for less than a year
misdemeanors
82
unconscious ignorance of a fact or belief in the existence of something that does not exist
mistake of fact
83
an erroneous opinion of legal principles applied to a set of facts
mistake of law
84
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
85
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
86
the offense of disguising illegal income to make it appear legitimate
money laundering
87
the unlawful killing of a person by another with malice aforethought or premeditation or through depraved indifference to human life
murder
88
a condition that compels or requires a certain course of action
necessity
89
any criminal defenses not required to be specifically pled
negative defenses
90
explicit sexual material that is patently offensive, appeals to a prurient interesting in sex, and lacks serious scientific, artistic, or literary content.
obscenity
91
the crime of impeding or preventing law enforcement of the administration of justice.
obstruction of justice
92
syndicates involved in racketeering or other criminal activities
organized crime
93
conditional release from jail or prison of person who has served prt of his or her sentence
parole
94
an administrative board that determines if a prisoner should be released on parole and, if so, under what conditions
parole board
95
a prison
penitentiary
96
the crime of making material false statement under oath
perjury
97
sellers' unlawful entering into agreements as to the price of products or services
price fixing
98
a perpetrator of or aider and abettor in the commission of a crime (separate from an accessory)
principals
99
conditional release of a convicted criminal in lieu of incarceration
probation
100
the branch of the criminal law that deals with the processes by which crimes are investigated, prosecuted and punished
procedural criminal law
101
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
102
the act of selling sexual favors
prostitution
103
the cause that is nearest a given effect in a causal relationship
proximate cause
104
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
105
laws that protect the identity of rape victims or prevent disclosure of victims' sexual history
rape shield laws
106
a recurring pattern of physical and emotional symptoms experienced by rape victims
rape trauma syndrome
107
repetitive criminal activity
recidivism
108
restoring someone or something to its former status; a justification for punishment emphasizing reform rather than retribution
rehabilitation
109
the crime of obstructing or opposing a police officer making an arrest
resisting arrest
110
the act of compensating someone for losses suffered
restitution
111
something demanded in payment for a debt; in criminal law, the demand that a criminal pay his or her debt to society
retribution
112
acronym for Title IX of the Organized Crime Control ct of 1970
RICO (Racketeer Influenced and Corrupt Organizations)
113
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
114
a public disturbance involving acts of violence, usually by three or more persons
riot
115
the crime of taking money or property from a person against that person's will by means of force
robbery
116
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
117
singling out defendants for prosecution on the basis of race, religion or other impermissible classifications
selective prosecution
118
the protection of one's person against an attack
self-defense
119
the crime of offering someone money or other thing of value in order to persuade that person to commit a crime
solicitation
120
the mental purpose to accomplish a certain prohibited act
specific intent
121
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
122
The principle that past decisions should stand s precedents for future decisions
stare decisis
123
a law proscribing prosecutions for specific crimes after specified periods of time
statute of limitations
124
doctrine of law whereby liability is imposed upon a party irrespective of that party's fault
strict-liability offenses
125
the crime of procuring someone to lie under oath
subordination of perjury
126
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
127
that branch of the criminal ,law that defines criminal offenses and defense, and specifies criminal punishment
substantive criminal law
128
crime that is the object of a conspiracy
target crime
129
false or deceptive conduct performed with the intent of violating revenue laws, especially the IRS
tax fraud
130
a grant of immunity applying to offenses that a witness's testimony relates to
transactional immunity
131
the crime of attempting by overt acts to overthrow the government or of betraying the government to a foreign power
treason
132
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
133
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
134
a grant of immunity that forbids prosecutors from using immunized testimony as evidence in criminal prosecutions
use immunity
135
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
136
the willful destruction of the property of another person
vandalism
137
homicide resulting from the unlawful and negligent operation of a motor vehicle
vehicular homicide
138
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
139
violations of federal and state statutes, local ordinances, and regulations designed to ensure that society treats everyone equally
violations of civil rights
140
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
141
an act or omission that infringes on the rights of another person
wrongful act or omission
