Criminal Law
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46 terms
Terms | Definitions |
|---|---|
 Spirit of the Law | What the legislative intent of the a particular statute or law |
| Letter of the law | The Strict interpretation of what the law says |
| Officer discrestion of the law | The balancing of the spirit of the law and the letter of the law |
| Law | a set of regulations governing relationship between man and his fellow man, and between man and the state. All of the rules of conduct established and enforced by the authority, legislaation, or custom of a given community or other group. |
| Common Law | Statutory and case law background brought over to the Colonies from England and the application of those laws in the colonies prior to the American Revolution |
| Statutory Law | Legislative Acts passed by the governing body of a jurisdiction (Federal, State, Local) Usually Codified (Code of Virginia) |
| Case Law | Appelate court decisions interpreting Consitutions, statutes, common law as applied to a given set of facts |
| Constitution | Fundamental Law of the Land US Constitution Virginia Constitution |
| Elements of a crime | A "criminal matter"is a violation of any law or ordinance that subjects the offender to public punishment (1) Act or omission (2) By a person (natural or legal) (3) In violation of a law (4) Punishment for violation |
| Civil Matter (tort) | an act that neither affects the common interest nor the community, nor does ot violate the law or ordinances (it can overlap a Crime) |
| Intent (as it pertains to a crime) | The mental plan to commit the crime Only in cases where the legislature has clearly expresses otherwise Intent must be proven to convict someone of a crime |
| Types of Intent | Specific Intent - Compelting what was intended Constructive or Transferred - Transfer of intent from contemplated results to actual results General Intent - The determination to engage by commission or omission in conduct declared criminal Combined or Common Intent - Joint conduct of more than one person Intent in public welfare offenses - criminal responsibility may arise merely from doing an act without any reference to intent (speeding) Intent in criminal negligence - Generally negligance must be more than ordinary negligance - gross negligence which negligence is so gross, wanton, and culpable as to show reckless disregard for human life |
| Four Categories of parties to a crime | Prinicpal in the 1st degree - person who carries out the criminal act Principal in the 2nd degree - person who aids, but does not have to be physically present Accessory before the fact - one who is not present and does not aid or abet in any way but does procure, counsel, or command a person to commit a criminal act Accessory after the fact - a person who knows a felony has been committed and aids a principal or accessory. Cannot punish immediate family for this |
| Conspiracy | the agreement between two or more persons by some concerted action to commit an offense |
| Attempt | the intent to commit the crime and the doing of some direct act towards its consummation, but falling short of accomplishment of the ultimate design |
| Solicitation | any person who commands, entreats, or otherwise attempts to persuade another to commit a felony |
| Expressed Malice | when one actually intends to commit murder |
| Implied Malice | Unintentional killing through reckless and wanton doing of an act which from its nature was capable of doing great bodily harm |
| Dangerous Act Doctrine | Whereas the act itself, regardless of the intentions, creates a dangerous situation, ie shooting into a home with no intent of bodiy harm |
| Deadly weapon doctrine | Use of deadly weapon is proof of intent to kill; can include ay object which a reasonable person could have expected to cause death |
| Felony-murder doctrine | comision of a violent felony and death results |
| Resisting a lawful arrest | assailant must have intent to do great bodily harm |
| transferred intent | Situation in which the offender intends to injure one person and by mistake or accidental injures another |
| 18.2-31 | Capital Murder - willfull, deliberate, premeditated |
| 18.2-32 | 1st degree murder willfull, deliberate, and premeditated or 2nd degree murder - willfull and deliberate ALL MURDER IN THE STATE OF VA is considered 2nd degree until proven otherwise |
| 18.2-32.1 | murder of a pregnant woman |
| 18.2-32.2 | killing of a fetus |
| 18.2-33 | felony homicide |
| 18.2-35 | voluntary manslaughter essential elements: adequate provoacation heat of passion no reasonable opportunity to cool casual connection between provocation and fatal act |
| 18.2-36 | Involuntary Manslaughter the killing of one accidentally contrary to the intentions of the parties involved in some unlawful but not felonious act or in the improper performance of a lawful act. |
| 18.2-36.1 | dui involuntary manslaughter and aggrevated involuntary manslaughter |
| Crime against a person must have | Intent - some form of criminal intent to inflict physical harm upon the person of another Overt Act |
| 18.2-51 | Malicious wounding, ie stab hoot, cut, or wound with the intent to maim, disfigure, disable, kill |
| 18.2-51.1 | malicious wounding to law-enforcement officers and fire fighters |
| 18.2-51.2 | Aggravated malicious wounding, this is when the wounding caused permanent and significant physical impairment |
| 18.2-52 | malicious bodily injury by means of any caustic substance, agent, use of explosive or fire |
| 18.2-56.2 | allowing access to firearms by children |
| assault | an attempted battery, or threat with the present aility to carry out the threat |
| battery | any rude, angry, or vengeful touching; unlawful touching of persons |
| 18.2-57.2 | assault and battery against a family or household member |
| larceny | the unlawful or wrongful, taking and carrying away, of personal property of another, with the intent to permanently deprive the owner therof |
| 19.2-95 | grand larceny larceny from the person of another valued $5 or more, larceny not from the person of another value of $200 or more, larceny not from the person of another any firearm no matter the value is a felony |
| 18.2-96 | Petit Larceny larceny from the person of another value under $5 larceny not from the person of another value under $200 |
| 18.2-212 | calling or summoning an ambulance or fire-fighting apparatus withut just cause |
| 18.2-279 | discharging firearms or missiles within or at a building or dwelling house |
| Homelessness | homelessness is not a crime, only trespass violations or loitering can be enforced |
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