Definitions Flashcards
Assault
The unlawful attempt, coupled with the present ability, to commit a violent injury on the person of another, intentionally placing another person in reasonable apprehension of immediate bodily harm.
Battery
Any willful and unlawful use of force or violence upon the person of another.
Burglary
Every person who, either by day or night, enters any structure with intent to commit grand or petit larceny, any felony, assault, or battery, is guilty of burglary.
Corpus Delicti
The substantial and fundamental facts necessary to prove the commission of a specific crime or offense.
Crime
A crime is an act or omission forbidden by law, punishable upon conviction by death, imprisonment, fine or other penal discipline.
Elements of a Crime
In every crime or public offense, there must exist a union or joint operation of act and intention or criminal negligence.
Evidence
All the means by which any alleged matter of fact, the truthfulness of which is submitted for investigation, is established or disproved.
Home Invasion
Every person who, by day or night, forcibly enters an inhabited dwelling without permission of the owner, resident or lawful occupant, which involves any act of physical force resulting in damage to the structure, whether or not a person is present at the time of the entry, is guilty of invasion of the home.
Homicide
The killing of one human being by another.
Intent
Intention is manifested by the circumstances connected to the perpetration of the offense and the sound kind and discretion of the person accused.
Larceny from Person
The unlawful taking, from the person of another, without his consent, any money, property or thing of value, under circumstances not amounting to robbery.
Manslaughter
The unlawful killing of a human being without malice, either expressed or implied, and without any mixture of deliberation.
Mayhem
Unlawfully depriving a human being of a member of his body or disfiguring or rendering it useless.
Prima facie Case
Legally sufficient to establish a fact or a case unless disproved.
Probable Cause
Probable cause exists when the facts and circumstances known to the officer would warrant a prudent man in believing that a crime had been committed and that the accused had committed it.
Robbery
The unlawful taking of personal property from the person of another, or in his presence, against his will, by means of force or violence or fear of injury immediate or future.
Sexual Assault
A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, against the victim’s will is guilty of sexual assault.
Sound Mind
A person shall be considered of sound mind who is not an idiot and who has reached the age of 14 years or, before that age, if such person knew the distinction between good and evil.
Statutory Sexual Seduction
Statutory sexual seduction means ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a consenting person under the age of 16 years.
Arrest
The taking of a person into custody in a case and in the manner authorized by law.