Upgrade to remove ads
Only $2.99/month

combo 9

Terms in this set (84)

theft
a general term embracing a wide variety of misconduct by which a person is unlawfully deprived of his or her property
acquisitive offense
a crime that involves the unlawful acquiring or appropriation of someone else's property. larceny, extortion, embezzlement, false pretenses robbery and the receiving of stolen property are all wrongful acquisition offenses. also called wrongful acquisition crime and crime misappropriation
larceny
The trespassory or wrongful taking and carrying away asportation of the personal property of another with intent to steal
tangible property
property that has physical form and can be touched such as land goods jewelry and furniture also movable property that can be taken and carried away
personal property
anything of value that is subject to ownership and that is not land or fixture
fixture
an item that is permanently affixed to the land
intangible property
property that has no intrinsic value but that represents something of value. intangible personal property may include documents deeds records of ownership promissory notes stock certificates computer software and intellectual property
real property
land and fixtures
trespassory taking
for crimes of theft a taking with put the consent of the victim
asportation
the trespassory taking and carrying away as of personal property in the crime of larceny or of the victim in kidnapping
claim of right
a defense against a charge of larceny that consists of an honest belief in ownership or right to possession
embezzlement
the misappropriation of property already in the possession of the defendant. also the unlawful,conversion of the personal property of another by a person to whom it has been entrusted by or for its rightful owner
conversion
the unauthorized assumption of the right of ownership. conversion is a central feature of the crime of embezzlement as in the unlawful conversion of the personal property of another by a person to whom it has been entrusted
false pretenses
knowingly and unlawfully obtaining title to and possession of the lawful property of another by means of deception and with intent to defraud also called obtaining property by false pretenses
forgery
the making of a false written instrument or the material alteration of an existing genuine written instrument
uttering
the offering or passing or attempted passing of a forged instrument with knowledge that the document is false and with intent to defraud
criminal simulation
the making of a false document or object that does not have any apparent legal significance
receiving stolen property
knowingly taking possession of or control over property that has been unlawfully stolen from another. accepting property that the receiver knew was stolen or that the receiver knew was stolen or that he or she should have known was stolen
robbery
the unlawful taking of property that is in the immediate possession of another by force or by threat of force also larceny from a person by violence or intimidation or by place the person in fear
extortion
the taking of personal property by threat of future harm
black mail
a form of extortion in which a threat is made to disclose a crime or other social disgrace
compounding a crime
the receipt of property or other valuable consideration in exchange for agreeing to conceal or not prosecute one who has committed a crime also called compounding a felony
identity theft
the unauthorized use of another individuals' personal identity to fraudulently obtain money goods or services to avoid the payment of debt or avoid the breaking and avoid criminal prosecution
burglary
the breaking and entering of a building locked automobile boat and so on with the intent to commit a felony of theft also the entering of a structure for the purposes of committing a felony or theft
constructive entry
in the crime of burglary an entry that occurs when the defendant causes another person to enter a structure to commit a crime or for a felonious purpose
criminal trespass
the entering or remaining on the property or inthe bulding of another when entry was forbidden also failing to depart after receiving notice to do so
criminal mischief
the intentional or knowing damage or destruction of the tangible property of another
looting
burglary committed within an affected geographic area during an officially declared state of emergency or during a local emergency resulting from an earthquake fire flood riot or other disaster
arson
the knowing and malicious burning of the personal property of another or the burning of ones own property if the purpose is to collect insurance money
intellectual property
a form of creative endeavor that can be protected through patent copyright trademark or other legal means intellectual property includes proprietary knowledge trade secrets confidentiality agreements know how ideas inventions creations technologies processes work of art and literature and scientific discoveries or improvements
computer crime
a crime that employs computer technology as central to its commission and that could not take place without such technology also called cyber crime
assault
attempted or threatened battery. A willful attempt or willful threat to inflict injury on another person. Also, the act of intentionally frightening another person into fearing immediate bodily harm. One statutory definition of assault reads an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
battery
unlawful physical violence inflicted on another without his or her consent. An intentional and offensive touching or wrongful physical contact with another, without consent that results in some injury or offends or causes discomfort
Mayhem
the intentional infliction of injury on another that causes the removal of seriously disfigures or impairs the function of a member of organ of the body
present ability
as used in assault statues a term meaning that the person attempting assault is physically capable of immediately carrying it out
bodily injury
physical harm to a human being,in the cases of assault and battery the term refers to the unlawful application of physical force on the person of that victim even when no actual physical harm results
aggravated assault
an assault that is committed with the intention of committing an additional crime such as assault with intent to commit a felony assault with intent to murder assault with intent to commit rape sodomy mayhem robbery grand larceny and assault with intent to commit any other felony also assault that involves special circumstances specified by law
stalking
the intentional frightening of another through following harassing annoying tormenting or terrorizing activities
sexual battery
the unlawful touching of an intimate part of another person against that person's will and for the purpose of sexual arousal gratification of abuse
effective consent
consent that has been obtained in a legal manner also called legal consent
aggravated battery
a battery that is committed with the use of a deadly weapon that is committed withe intention of committing another crime or that results in serious injury
criminal sexual coduct
a gender neutral term applied today to a wide variety of sex offenses including rape sodomy criminal sexual conduct with children and deviate sexual behaviour
rape
under common law unllawful sexual intercourse witha female without her consent today rape is statues in a number of jurisdictions encompass unlawful sexual intercourse between members of the same gender
deviate sexual intercourse
any contact between any part of the genitals of one person and the mouth or anus of another
spousal rape
rape of one's spouse
forcible rape
rape that is accomplished against a person's will by means of force violence duress menace mor fear of immediate and unlawful bodily injury to the victim
statutory rape
sexual intercourse whether consentual or not with a person under the age of consent as specified by statute
rape shield law
a statute intended to protect victims of rape by limiting a defendants in court use of a victims sexual history
probative value
the worth of any evidence to prove or disprove the facts at issue
sexual assault
a statutory crime that combines all sexual offenses into one offense it isbroader than the common law crime of rape
fellatio
oral stimulation of the peepee
sexual contact
any touching of the anus breast or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person
Accidental Death
A death is caused by unexpected or unintended means.
Accidental killing
A death that is the result of a purposeful human act lawfully undertaken in the reasonable belief that no harm would result
Homicide
The killing of a human being by the act, procurement, or omission of another human being
Justifiable Homicide
1. Homicide that is permitted under the law. 2. Killing justified for the good of society. 3. The killing of another in self-defense when danger of death or serious bodily harm exists. 4. the killing of a person according to one's duties or out of necessity but with out blame
Excusable Homicide
A killing conducted in a manner that the criminal law does not prohibit. Also, a killing that may involve some fault but is not criminal homicide.
Criminal Homicide
The purposeful, knowing, reckless, or negligent killing of one human being by another. Also, a form of homicide for which criminal liability may be incurred. Criminal homicide may be classified as murder, manslaughter, or negligent homicide.
Murder
The unlawful killing of a human being, carried out with malice or planned in advance. According to common law, the killing of one human being by another with malice aforethought
Manslaughter
The unlawful killing of a human being without malice. Manslaughter differs from murder in that malice and premeditation are lacking.
Negligent homicide
The killing of a human being by criminal negligence or by the failure to exercise reasonable, prudent care. Also a criminal offense committed by one whose negligence is the direct and proximate cause of anothers death
Brain Death
Death determine by a flat reading on an electroencephalograph(EEG) usually after a 24 hour period, or by other medical criteria
Uniform Determination of Death Act (UDDA)
A standard supported by the American MEdical Association, the national conference of Commissioners on Uniform State Laws, which provides that an individual who has sustained either: 1.irreversible cessation of circulatory and respiratory functions.2. irreversible cessation of all functions of the entire brain, including the brain stem, is dead. The UDDA provides a model for legislation and has been adopted in various forms by many states
Year and a day rule
A common law requirement that homicide prosecutions could not take place if the victim did not die within a year and a day from the time that the fatal act occurred
Affirmative act
Voluntary, conscious conduct. An affirmative act is not an omission or a failure to act
First degree murder
A willful, deliberate, and premeditated
Second degree murder
Depending on the jurisdiction either a murder committed during the perpetration or attempted perpetration of an enumerated felony such as arson, rape, robbery, or burglary or any murder not classified by statute as first degree
Malice
A legal term that refers to the intentional doing of a wrongful act without just cause or legal excuse. incases of homicide, the term means an intention to kill
Malice aforethought
An unjustifiable inexcusable and unmitigated person endangering state of mind
Depraved heart murder
Unjustifiable conduct that is extremely negligent and results in the death of a human being or the killing of a human being with extreme atrocity
Capital Murder
Murder for which the death penalty is authorized by law
premeditated Murder
Murder that was planned in advance and willfully carried out
Aggravated murder
Murder plus one or more aggravating factors as specified by law. Aggravated murder is generally capital murder
felony murder rule
A rule that establishes murder liability for a defendant if another person dies during the commission of certain felonies
Inherently dangerous
A legal term used to describe an act or course of behavior that, by its very nature, is likely to result in death or serious bodily harm to either the person involved in the behavior or to someone else.
Voluntary Manslaughter
An unlawful killing of a human being, without malice, that is done intentionally during a sudden quarrel or in the heat of passion. Also, a killing committed without lawful justification, wherein the defendant acted under a sudden and intense passion resulting from adequate provocation
Adequate provocation
Provocation that would cause a reasonable person to lose self control. Also called Reasonable prvocation
Adequate cause
in cases of voluntary manslaughter, a cause that would commonly produce a degree of anger, rage, or terror sufficient to render the mind of the defendant incapable of objective reflection
sudden passion
In cases of voluntary manslaughter passion directly caused by and rising out of provocation by the victim or of another acting. Sudden passion includes the understanding that the passion arises at the time of the killing and is not soley the result of former provocation
Involuntary manslaughter
Anunintentional killing for which criminal liability is imposed but that does not constitute murder. Also, the unintentional killing of a person during the commission of a lesser unlawful act or the killing of someone during the commission of lawful act, which nevertheless results in an unlawful death
Criminally negligent homicide
Homicide that results from criminal negligence
Gross negligence
The conscious disregard of one's duties resulting in injury or damage to another
ordinary negligence
The want of ordinary care, or negligence that could have been avoided if one had exercised ordinary reasonable or proper care
Vehicular Homicide
The killing of a human being as a result of another person's operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm
YOU MIGHT ALSO LIKE...