Criminal Law Flashcards
abuse of position
UK - a form of fraud in situations where the defendant has been put in a privileged position and thus is expected to safeguard another’s financial interest
accessory after the fact
person who assists the principal after the crime has been committed
actual bodily harm
not trivial or insignificant, but it doesn’t need to be permanent
actus reus
the act or omission that the law seeks to prevent
assault
actus reus: causing the victim to expect the infliction of violence
mens rea: basic intent (subjective test)
basic intent
either intention or recklessness
battery
actus reus: unlawful application of force to the body
mens rea: basic intent
blackmail
unwarranted demand with menaces with a view to gain or cause loss to another. Called extortion in the US
bribery
it is an offence either to offer or receive a bribe. A company can be found guilty if it failed to prevent bribery through adequate procedure
burglary
unlawfully entering premises with the intent to steal or do harm
corporate manslaughter
UK law.No doctrine of identification! An organisation will be guilty if there has been a general management failure at a senior level in which negligence has caused a death because of a gross breach of a duty of care
criminal damage
a person destroys or damages property without a lawful excuse and with the intention to destroy or damage, or with recklessness
defences
- insanity
- diminshed responsibility
- automatism
- mistake
- consent
- intoxication in cases of specific intent
- self-defence
- duress
- necessity
doctrine of collective knowledge / aggravation test
a whole company is liable when no single individual had the mens rea but it can be put together from the collective knowledge of a group
doctrine of identification
a company can be held liable directly because it is equated with an agent of the company, who must be a key/senior person
embezzlement
US term for fraudulent conversion of property of another by a person in lawful possession of that property (verduistering)
failing to disclose information
UK form of fraud, where the defendant did not disclose information to a third party while he had a legal duty to do so
false pretences
US term for a type of fraud, where someone obtains a title to property of another by an intentional or knowing false statement with intent to defraud the other
false representation
UK form of fraud, where a representation is made dishonestly with th eintention of making a gain or causing a loss
felony
US term for the category of serious crimes
fraud
UK: false representation, failing to disclose information and abuse of power
grievous bodily harm/GBH
serious bodily injury
gross negligence manslaughter
the performance of a lawful act, done with extreme negligence. A duty of care has been breached which has caused the death of the victim. This must be gross negligence.
hacking
accessing computer systems or phones without authorisation
handling stolen goods
receiving stolen goods, knowing them or believing them to be stolen (heling)
homicide
general term for killing a person
inchoate offence
incitement, conspiracy and attempt cover the preparatory stages of another criminal offence. It is unnecessary that the main offence is committed
indictable offence
UK: serious crime
intention
what did this particular defendant intend at the time of the offence?
- direct intent: the consequence is desired
- oblique intent: the consequence is not desired, but it is foreseen as virtually certain and the accused realised this
involuntary manslaughter
an unlawful homicide where the necessary mens rea for murder is not present
larceny
US term for theft
manslaughter
unlawful killing not as serious as murder, either because of mitigating circumstances or because the mens rea for murder was not present
- voluntary manslaughter
- involuntary manslaughter: gross negligence or constructive (intent for a lesser criminal offence, killing someone in the process)
mens rea
a reprehensible culpable state of mind
misdemeanour
US term for less serious crimes
MPC
model penal code, adopted (partially) in some US states
murder
UK: actus reus: unlawful killing of a human being under the Queen’s peace
mens rea: malice aforethought (voorbedachten rade); intention to kill or cause grievous bodily harm resulting in death
US: different per state, often first and second degree murder
negligence
the defendant fails to perceive a substantial and unjustifiable risk that a reasonable person would have observed in that situation. Often, gross negligence is required
omission
in common law, a mere omission cannot lead to criminal liability unless a statute specifically so provides
principal
the main perpetrator of the offence. More than one: joint principals
rape
actus reus: man intentionally penetrates a man or woman without consent (=free choice), and the man doesn’t reasonably believe the person is consenting
mens rea: intention
recklessness
taking an unreasonable, unjustifiable risk. The defendant was aware of this risk but took it anyway. Subjective test.
respondeat superior
US term. A company can be held criminally liable for the acts of its agents if the agent has carried out the actus reus with the required mens rea, as long as he acted within the scope of his employment and he intended to benefit the company
secondary participation / accomplices / accessories
before the crime:
- counselling
- procuring
during the crime:
- aiding
- abetting
specific intent
not only the doint of an act, but doing it witch a specific intent makes the crime a specific intent crime. Only direct or oblique intent will suffice
statutory assaults
aggravated assaults where the form of harm inflicted is more serious than for the common law crime of battery
strict liability
no mens rea needs to be proved, an actus reus is sufficient for liability
summary offence
UK: less serious crimes
theft
dishonestly appropriating property belonging to another with the intention of permanently depriving that other of it
unlawful act manslaughter / constructive manslaughter
the defendant set out to commit a less serious offence but has in the process killed a person
US: this may be felony murder
vicarious liability
a person without personal fault may nevertheless be held vicariously liable for the criminal conduct of another, usually an employee
voluntary manslaughter
the defendant has actus reus and mens rea for murder but certain kinds of mitigating circumstances partly excuse his behaviour
