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Legal English Terminology > Criminal Law > Flashcards

Criminal Law Flashcards

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Proverbs and Idioms flashcards
1
Q

abuse of position

A

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

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2
Q

accessory after the fact

A

person who assists the principal after the crime has been committed

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3
Q

actual bodily harm

A

not trivial or insignificant, but it doesn’t need to be permanent

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4
Q

actus reus

A

the act or omission that the law seeks to prevent

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5
Q

assault

A

actus reus: causing the victim to expect the infliction of violence
mens rea: basic intent (subjective test)

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6
Q

basic intent

A

either intention or recklessness

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7
Q

battery

A

actus reus: unlawful application of force to the body

mens rea: basic intent

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8
Q

blackmail

A

unwarranted demand with menaces with a view to gain or cause loss to another. Called extortion in the US

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9
Q

bribery

A

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

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10
Q

burglary

A

unlawfully entering premises with the intent to steal or do harm

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11
Q

corporate manslaughter

A

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

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12
Q

criminal damage

A

a person destroys or damages property without a lawful excuse and with the intention to destroy or damage, or with recklessness

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13
Q

defences

A
  • insanity
  • diminshed responsibility
  • automatism
  • mistake
  • consent
  • intoxication in cases of specific intent
  • self-defence
  • duress
  • necessity
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14
Q

doctrine of collective knowledge / aggravation test

A

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

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15
Q

doctrine of identification

A

a company can be held liable directly because it is equated with an agent of the company, who must be a key/senior person

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16
Q

embezzlement

A

US term for fraudulent conversion of property of another by a person in lawful possession of that property (verduistering)

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17
Q

failing to disclose information

A

UK form of fraud, where the defendant did not disclose information to a third party while he had a legal duty to do so

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18
Q

false pretences

A

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

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19
Q

false representation

A

UK form of fraud, where a representation is made dishonestly with th eintention of making a gain or causing a loss

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20
Q

felony

A

US term for the category of serious crimes

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21
Q

fraud

A

UK: false representation, failing to disclose information and abuse of power

22
Q

grievous bodily harm/GBH

A

serious bodily injury

23
Q

gross negligence manslaughter

A

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.

24
Q

hacking

A

accessing computer systems or phones without authorisation

25
Q

handling stolen goods

A

receiving stolen goods, knowing them or believing them to be stolen (heling)

26
Q

homicide

A

general term for killing a person

27
Q

inchoate offence

A

incitement, conspiracy and attempt cover the preparatory stages of another criminal offence. It is unnecessary that the main offence is committed

28
Q

indictable offence

A

UK: serious crime

29
Q

intention

A

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
30
Q

involuntary manslaughter

A

an unlawful homicide where the necessary mens rea for murder is not present

31
Q

larceny

A

US term for theft

32
Q

manslaughter

A

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)
33
Q

mens rea

A

a reprehensible culpable state of mind

34
Q

misdemeanour

A

US term for less serious crimes

35
Q

MPC

A

model penal code, adopted (partially) in some US states

36
Q

murder

A

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

37
Q

negligence

A

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

38
Q

omission

A

in common law, a mere omission cannot lead to criminal liability unless a statute specifically so provides

39
Q

principal

A

the main perpetrator of the offence. More than one: joint principals

40
Q

rape

A

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

41
Q

recklessness

A

taking an unreasonable, unjustifiable risk. The defendant was aware of this risk but took it anyway. Subjective test.

42
Q

respondeat superior

A

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

43
Q

secondary participation / accomplices / accessories

A

before the crime:

  • counselling
  • procuring

during the crime:

  • aiding
  • abetting
44
Q

specific intent

A

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

45
Q

statutory assaults

A

aggravated assaults where the form of harm inflicted is more serious than for the common law crime of battery

46
Q

strict liability

A

no mens rea needs to be proved, an actus reus is sufficient for liability

47
Q

summary offence

A

UK: less serious crimes

48
Q

theft

A

dishonestly appropriating property belonging to another with the intention of permanently depriving that other of it

49
Q

unlawful act manslaughter / constructive manslaughter

A

the defendant set out to commit a less serious offence but has in the process killed a person
US: this may be felony murder

50
Q

vicarious liability

A

a person without personal fault may nevertheless be held vicariously liable for the criminal conduct of another, usually an employee

51
Q

voluntary manslaughter

A

the defendant has actus reus and mens rea for murder but certain kinds of mitigating circumstances partly excuse his behaviour

Legal English Terminology (5 decks)

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