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Criminal Law Chapters 7-10

Terms in this set (90)

Aggravated Assault
Unlawful intentional causing of serious bodily injury with or without a deadly weapon, or unlawful intentional attempting or threatening of serious bodily injury or death with a deadly or dangerous weapon.
Aggravating Circumstances
Circumstances relating to the commission of a crime which cause its gravity to be greater than that of the average instance of the given type of offense.
Battery
1. Unlawful physical violence inflicted upon another without his or her consent; 2. an intentional and offensive touching or wrongful physical contact with another without consent, that results in some injury or offends or causes discomfort.
Bodily Injury
In general usage the term refers to physical harm to a human being. In cases of assault and battery, however, the term refers to the unlawful application of physical force upon the person of the victim- even when no actual physical harm results.
Blackmail
A form of extortion in which a threat is made to disclose a crime or other social disgrace.
Brain Death
"The offense of giving or receiving a gift or reward intended to influence a person in the exercise of a judicial or public duty."
Bribery
"The offense of giving or receiving a gift or reward intended to influence a person in the exercise of a judicial or public duty."
Burglary
The breaking and entering of a building, locked automobile, boat, etc. with the intent to commit a felony or theft. Also, the entering of a structure for the purposes of committing a felony or theft offense.
Capital Murder
Murder for which the death penalty is authorized by law.
Capital Punishment
The imposition of a sentence of death.
Computer Crime
Crime which employs computer technology as central to its commission, and which could not be committed without such technology. See also, cybercrime.
Computer Fraud
A statutory provision, found in many states, which makes it unlawful for any person to use a computer or computer network without authority and with the intent to (a) obtain property or services by false pretenses; (b) embezzle or commit larceny; or (c) convert the property of another.
Computer Tampering
The illegal insertion or attempt to insert a "program" into a computer, while knowing or believing that the "program" contains information or commands that will or may damage or destroy that computer (or its data), or any other computer (or its data) accessed by that computer, or that will or may cause loss to the users of that computer or the users of a computer which accesses or which is accessed by such a "program."
Computer Trespass
The offense of using a computer or computer network without authority and with the intent to (a) remove computer data, computer programs or computer software from a computer or computer network; (b) cause a computer to malfunction; (c) alter or erase any computer data, computer programs or computer software; (d) effect the creation or alteration of a financial instrument or of an electronic transfer of funds; (e) cause physical injury to the property of another; or (f) make or cause to be made an unauthorized copy of data stored on a computer, or of a computer programs or computer software.
Consent
A justification offered as a defense to a criminal charge which claims that the person suffering an injury either agreed to sustain the injury, or that the possibility of injury in some activity was agreed to before that activity was undertaken.
Constructive Entry
In the crime of burglary, one that occurs when the defendant causes another person to enter a structure to commit the crime or achieve a felonious purpose.
Constructive Possession
The ability to exercise control over property and objects, even though they are not in one's physical custody.
Constructive Touching
A touching which is inferred or implied from prevailing circumstances. Also, a touching for purposes of the law.
Conversion
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.
Crime Against Nature
A general term which can include homo-or heterosexual acts of anal intercourse, oral intercourse, and bestiality, and which may even apply to heterosexual intercourse in "positions" other than the generally accepted "missionary" position.
Criminal Homicide
The purposeful, knowing, reckless, or negligent causing of death of one human being by another. Also, the form of homicide for which criminal liability may be incurred. Criminal homicide may be classified as murder, manslaughter, or negligent homicide.
Criminal Negligence
1. Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences; 2. Negligence of such a nature and to such a degree that it is punishable as a crime; 3. Flagrant and reckless disregard for the safety of others, or willful indifference to the safety and welfare of others.
Criminal Sexual Conduct
A gender-neutral term which is applied today to a wide variety of sex offenses, including rape, sodomy, sexual conduct with children, and deviate sexual behavior.
Criminal Trespass
The entering or remaining on the property or in the building of another when entry was forbidden or; having received notice to depart, failing to do so.
Criminally Negligent Homicide
Homicide which results from criminal negligence.
Cybercrime
Crime which employs computer technology as central to its commission, and which could not be committed without such technology. Another word for computer crime.
Depraved Heart Murder
(1) unjustifiable conduct which is extremely negligent, and which results in the death of a human being, or (2) the killing of a human being with extreme atrocity.
Deviate Sexual Intercourse
Any contact between any part of the genitals of one person and the mouth or anus of another.
Effective Consent
Also termed LEGAL CONSENT, is consent that has been obtained in a legal manner.
Elements of Crime
(1) the basic components of crime; (2) in a specific crime, the essential features of that crime as specified by law or statute.
Embezzlement
The misappropriation of property already in 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.
Excusable Homicide
Killing in a manner which the criminal law does not prohibit. Also, homicide that may involve some fault, but which is not criminal homicide.
Express Consent
Verbally expressed willingness to engage in a specified activity.
Execution of Public Duty Defense
A defense to a criminal charge (such as assault) which is often codified, and which precludes the possibility of police officers and other public employees from being prosecuted when lawfully exercising their authority.
Extortion
The taking of personal property by threat of future harm.
False Imprisonment
The unlawful restraint of another person's liberty. Also, the Unlawful detention of a person without his or her consent. Sometimes called False Arrest.
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 known as obtaining property by false pretenses.
Federal Interest Computer
A computer exclusively for the use of a financial institution or the United States Government, or which is one of two or more computers used in committing the offense, not all of which are located in the same state.
Felony Murder Rule
A rule that establishes murder liability for a defendant if he or she kills another person during the commission of certain felonies.
First Degree Murder
Any willful, deliberate and premeditated killing.
Forgery
The making of a false written instrument or the material alteration of an existing genuine written instrument.
Forcible Rape
Rape that is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the victim.
Gross Negligence
Conscious disregard of one's duties, resulting in injury or damage to another.
Homicide
The killing of a human being by the act, procurement, or omission of another human being.
Involuntary Manslaughter
An unintentional killing for which criminal liability is imposed, but which 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 a lawful act, which nevertheless results in an unlawful death.
Justifiable Homicide
1. Homicide which is permitted under the law. 2. A 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 without blame.
Kidnapping
The unlawful and forcible removal of a person from his or her residence or place of business. Also, an aggravated form of false imprisonment that is accompanied by either a moving or secreting of the victim.
Larceny
The trespassory taking and carry away (asportation) of the personal property of another with intent to steal. Also, the wrongful taking of the personal property of another, with intent to steal.
Looting
Burglary committed within an affected geographical area an officially declared state of emergency, or during a local emergency resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster.
Malice Aforethought
An "unjustifiable, inexcusable and unmitigated person-endangering-state-of-mind."
Malice
A legal term which refers to the intentional doing of a wrongful act without just cause or legal excuse. In cases of homicide the term means "an intention to kill."
Manslaughter
The unlawful killing of a human being without malice. Manslaughter differs from murder in that malice and premeditation are lacking. see also, voluntary manslaughter and involuntary manslaughter.
Mayhem
Intentional infliction of injury on another that causes the removal of, seriously disfigures, or impairs the function of a member or organ of the body.
Morals Offenses
A category of unlawful behavior that was originally created to protect the family and related social institutions. Included are crimes such as lewdness, indecency, sodomy, and other sex-related offenses such as seduction, fornication, adultery, bigamy, pornography, obscenity, cohabitation, and prostitution.
Murder
The unlawful killing of a human being, carried our with malice or planned in advance. According to the common law, the killing of one human being by another with malice aforethought. See also Criminal Homicide.
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 another's death.
Ordinary Negligence
The want of ordinary care, or negligence that could have been avoided if one had exercised ordinary, reasonable, or proper care.
Personal Crime
Also called violent crime is a crime committed against a person, including (according to the FBI's UCR program) murder, rape, aggravated assault, and robbery.
Personal Trespass by Computer
An offense in which a person uses a computer or computer network without authority and with the intent to cause physical injury to an individual.
Premeditated Murder
Murder that was planned in advance (however briefly) and willfully carried out.
Premeditation
The act of deliberating or mediating upon, or planning, a course of action (i.e., a crime). For purposes of the criminal law, premeditation requires the opportunity for reflection between the time the intent to act is formed and the act is committed.
Property Crime
A crime committed against property, including (according to the FBI's UCR program) burglary, larceny, auto theft, and arson.
Rape - Common Law
Unlawful sexual intercourse with a female without her consent. Today, rape statutes in a number of jurisdictions encompass unlawful sexual intercourse between members of the same gender.
Rape Shield Laws
Statutes intended to protect victims of rape by limiting a defendant's in-court use of a victim's sexual history.
Receiving Stolen Property
(1) knowingly taking possession of or control over property that had been unlawfully stolen from another, (2) the receiving of stolen property, knowing that it has been stolen.
Robbery
The unlawful taking of property that is in the immediate possession of another by force or threat of force. Also, larceny from a person by violence, intimidation, or by placing the person in fear.
Sexual Assault
A statutory crime that combines all sexual offenses into one offense (often with various degrees). It is broader than the common law crime of rape.
Sexual Battery
A statutory crime that combines all sexual offenses into one offense (often with various degrees). It is broader than the common law crime of rape.
Spousal Rape
The rape of one's spouse.
Statutory Rape
Sexual intercourse, whether or not consensual, with a person under the "age of consent," as specified by statute.
Tangible Property
Property that has physical form and is capable of being touched, such as land, goods, jewelry, furniture, and so forth. Movable property that can be taken and carried away.
Theft
A general term embracing a wide variety of misconduct by which a person is unlawfully deprived of his or her property.
Theft of Computer Services
An offense in which a person willfully uses computer or computer network with intent to obtain computer services without authority.
Uniform Determination of Death Act (UDDA)
A standard supported by the American Medical Association, the American Bar Association, and by the National Conference of Commissioners on Uniform State Laws which provides that "An individual who had sustained either (1) irreversible cessation of circulatory and respiratory functions or (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.
Uttering
The offering, passing, or attempted passing of a forged instrument with knowledge that the document is false and with intent to defraud.
Vehicular Homicide
The killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.
Voluntary Manslaughter
The unlawful killing of a human being, without malice, which is done intentionally upon a sudden quarrel or in the heat of passion. Also killing committed without lawful justification, wherein the defendant acted under a sudden and intense passion resulting from adequate provocation.
Year and a Day Rule
A common law required 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.
Escape
The unlawful leaving of official custody or confinement without permission, or the failure to return to custody or confinement following an official temporary leave.
Fighting Words
Words which, by their very utterance, inflict injury or tend to incite an immediate breach of the peace.
Loitering
The act of delaying of lingering or to idle about without lawful business for being present.
Lynching
The taking, by means of riot, of any person from the lawful custody of any peace officer.
Public Drunkenness
The offenses of being in a state of intoxication in a place accessible to the public.
Public Order Offense
An act that is willfully and unlawfully committed ad that disturbs public peace or tranquility. Included are offenses such as fighting, breach of peace, disorderly conduct, vagrancy, loitering, unlawful assembly, public intoxication, obstructing public passage, and illegally carrying weapons.
Rescuing a Prisoner
A crime that is committed when any person or persons rescues or attempts to rescue any person being held in lawful custody.
Riot
A tumultuous disturbance of the peace by three or more persons assembled of their own authority.
Rout
The preparatory stage of a riot.
Sedition
A crime that consists of the communication or agreement intended to defame the government or to incite treason.
Treason
Violation of allegiance toward one's country or sovereign, exp., the betrayal of one's own country by waging war against it or by consciously and purposely acting to aid its enemies.
Vagrancy
Under common law, the act of going about from place to place by a person without visible means of support, who was idle, and who, through able to work for his or her maintenance, refused to do so, but lived without labor or on the charity of others.
THIS SET IS OFTEN IN FOLDERS WITH...