Definitions Flashcards
What is the definition of arrest?
The taking of a person into custody in a case and in the manner authorized by law.
This refers to the legal process of detaining an individual by law enforcement.
Define assault.
Unlawfully attempting to use physical force against another person; or intentionally placing another person in reasonable apprehension of immediate bodily harm.
Assault can occur even without physical contact.
What constitutes battery?
Any willful and unlawful use of force or violence upon the person of another.
Battery involves actual physical contact.
What is 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, or to obtain money or property by false pretenses, is guilty of burglary.
Burglary requires intent to commit a crime upon entry.
What is a felony?
Punishable by death or imprisonment in the state penitentiary.
Felonies are the most serious category of crimes.
Define gross misdemeanor.
Punishable by fine of not more than $2,000.00 or imprisonment in the county jail for not more than 1 year or by both fine and imprisonment.
Gross misdemeanors are more serious than regular misdemeanors but less serious than felonies.
What is a misdemeanor?
Punishable by fine of not more than $1,000.00 or imprisonment in the city or county jail for not more than 6 months, or by both fine and imprisonment.
Misdemeanors are less severe than felonies and gross misdemeanors.
What does corpus delicti refer to?
The substantial and fundamental facts necessary to prove the commission of specific crime or offense.
Corpus delicti establishes that a crime has occurred.
What is a crime?
A crime is an act or omission forbidden by law, punishable upon conviction by death, imprisonment, fine or other penal discipline.
What are the elements of a crime?
There must exist a union or joint operation of act and intention or criminal negligence.
Define evidence in the context of law.
All the means by which any alleged matter of fact is established or disproved.
What constitutes home invasion?
Forcibly entering an inhabited dwelling without permission, involving physical force resulting in damage to the structure.
What is homicide?
The killing of one human being by another.
Define intent.
A state of mind in which a person seeks a particular result through a particular course of action.
What is larceny from person?
The unlawful taking from the person of another, without consent, any money, property, or thing of value, under circumstances not amounting to robbery.
What is manslaughter?
The unlawful killing of a human being without malice, either expressed or implied, and without any mixture of deliberation.
Define mayhem.
Unlawfully depriving a human being of a member of his body or disfiguring or rendering it useless.
Who are considered principals in a crime?
Every person who aids or abets in the commission of a crime, either during or prior.
What is a close relationship in the context of parties to crimes?
Husband, wife, brother, sister, parent, grand-parent, child or grandchild to the offender.
True or False: A crime can only be committed if a person is present at the time of the act.
False
Fill in the blank: The killing of one human being by another is known as _______.
homicide
Fill in the blank: The unlawful taking from the person of another without consent is known as _______.
larceny from person
Who are considered accessories in a crime?
All those persons not standing in close relationship to the offender who give aid after the crime, with knowledge of its commission.
Accessories do not participate in the crime itself but assist the offender post-crime.
What is a prima facie case?
Legally sufficient to establish a fact or a case unless disproved.
It serves as a starting point for legal proceedings.