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LAS101 - Intro to Law > Chapter 4 - Criminal Law - Terminology > Flashcards

Chapter 4 - Criminal Law - Terminology Flashcards

1
Q

a person who aids in the commission of a crime

A

accessories

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2
Q

A “wrongful act” that, combined with other necessary elements of crime, constitutes criminal liability

A

actus reus

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3
Q

Defenses t o a criminal charge where the defendant bears the burden of proof (automatism, intoxication, etc.)

A

affirmative defenses

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4
Q

assault committed with a dangerous weapon or with intent to commit a felony

A

aggravated assault

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5
Q

a battery committed by use of an instrument designed to inflict great bodily harm on the victim

A

aggravated battery

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6
Q

assisting in or otherwise facilitating the commission of a crime

A

aiding and abetting

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7
Q

defense to a criminal charge that places the defendant at some place other than the scene of the crime at the time the crime occurred

A

alibi

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8
Q

violations of laws designed to protect the public from price-fixing, price discrimination and monopolistic practices in trade and commerce

A

antitrust violations

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9
Q

crime of intentionally burning someone else’s house or building now commonly extended to other property as well

A

arson

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10
Q

the attempt or threat to inflict bodily injury upon another person

A

assault

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11
Q

an offense (in some jurisdictions) of aiding or assisting a person to take his or her life

A

assisted suicide

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12
Q

an intent to commit a crime coupled with an act taken toward committing the offense

A

attempt

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13
Q

the condition under which a person performs a set of actions during a state of unconsciousness (sleepwalking)

A

automatism

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14
Q

a set of symptoms typically manifested by a child who has suffered continued physical or mental abuse, often from a parent or person having custody of the child

A

battered child syndrome

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15
Q

a set of symptoms typically manifest by a woman who has suffered continued physical or mental abuse, usually from a male with whom she lives

A

battered woman syndrome

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16
Q

the unlawful use of force against another person that entails some injury or offensive touching

A

battery

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17
Q

an illegal manipulation in submitting bids to obtain a contract, usually from a public body

A

bid rigging

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18
Q

institutions that provide systematic discipline in a military-like environment designed to rehabilitate an offender; employed as a sentencing alternative

A

boot camps

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19
Q

the crime of offering, giving, requesting, soliciting, or receiving something of value to influence a decision of a public official

A

bribery

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20
Q

at common law the crime of breaking and entering a house at night with the intent to commit a felony therein. Frequently consists of breaking and entering a structure or conveyance at any time with the intent to commit any offense therein.

A

burglary

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21
Q

crimes punishable by death

A

capital crimes

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22
Q

taking a motor vehicle from someone by force and violence or by intimidation

A

carjacking

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23
Q

At common law, the right to use whatever force is necessary to protect one’s dwelling and its inhabitants from an unlawful entry or attack

A

castle doctrine

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24
Q

an act that produces an event or an effect

A

causation

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25
Q

intentional disobedience of a court order

A

civil contempt

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26
Q

a sentence requiring that the criminal perform some specific service to the community for some specified period of time

A

community service

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27
Q

the acceptance of money or something else of value in exchange for an agreement not to prosecute a person for committing a crime

A

compounding a crime

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28
Q

crimes perpetrated through the use of computer technology

A

computer crimes

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29
Q

voluntary yielding to the will or desire of another person

A

consent

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30
Q

the crime of two or more persons agreeing or planning to commit a crime. Distinct from the target crime.

A

conspiracy

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31
Q

an action that embarrasses, hinder, obstructs or is calculated to lessen the dignity of a judicial or legislative body

A

contempt (or criminal contempt)

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32
Q

punishment that inflicts pain or injury on a person’s body

A

corporal punishment

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33
Q

the material thing upon which a crime has been committed (for example, a burned building) “The body of the crime.”

A

corpus delicti

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34
Q

the offense of using a credit card to obtain goods or services by a person who knows that the card has been stolen, forged or canceled.

A

credit card fraud

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35
Q

a necessary element of a crime–the evil design associated with the criminal act

A

criminal intent

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36
Q

the degree of force that may result in the death of the person against whom the force is applied

A

deadly force

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37
Q

capital punishment; a sentence to death for the commission of a crime

A

death penalty

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38
Q

prevention of criminal activity by punishing criminals so that others will not engage in some activity

A

deterrence

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39
Q

a privilege to be free from arrest and prosecution granted under international law to diplomats, their staffs and household members

A

diplomatic immunity

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40
Q

illegal behavior that disturbs the public peace or order

A

disorderly conduct

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41
Q

condition of being tried twice for the same offense

A

double jeopardy

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42
Q

the use of illegal confinement or threats of harm to coerce someone to do something he or she would not do otherwise

A

duress

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43
Q

the crime of using a position of trust or authority to transfer or convert the money or property of another to oneself

A

embezzlement

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44
Q

a system of legal rules and principles recognized and developed by English judges prior to the colonization of America and accepted as a basic aspect of the American legal system

A

English common law

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45
Q

the act of government agents in inducing someone to commit a crime that the person otherwise would not be disposed to commit

A

entrapment

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46
Q

statutes that impose punishment for violation of laws enacted to protect the environment and natural resources

A

environmental crimes

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47
Q

unlawfully fleeing to avoid arrest or confinement

A

escape

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48
Q

a death caused by accident or misfortune

A

excusable homicide

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49
Q

the crime of obtaining money or property by threats of force or the inducement of fear

A

extortion

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50
Q

the crime of holding someone against their will without legal justification

A

false imprisonment

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51
Q

the crime of obtaining money or property through misrepresentation

A

false pretenses

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52
Q

a serious crime for which a person may be incarcerated for more than one year

A

felonies

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53
Q

a homicide committed during the course of committing another felony other than murder (eg armed robbery). The felonious act substitutes for malice aforethought ordinarily required in murder

A

felony murder

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54
Q

sums of money exacted from criminal defendants as punishment for wrongdoing

A

fines

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55
Q

the highest degree of unlawful homicide, usually defined as “unlawful act committed with the premeditated intent to take the life of a human being”

A

first-degree murder

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56
Q

sacrifice of ownership of some right (usually property) as a penalty

A

forfeiture

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57
Q

the crime of making a false written instrument or materially altering a written instrument (eg a check or college transcript) with the intent to defraud

A

forgery

58
Q

operating or playing a game for money in the expectation of gaining more than the amount played

A

gambling

59
Q

the state of mind to do something prohibited by law without necessarily intending to accomplish the harm that results from the illegal act

A

general intent

60
Q

credit toward early release from prison based on good behavior during confinement

A

good-time credit (gain time)

61
Q

a sentencing alternative to incarceration where the offender is allowed to leave home only for employment and approved community service activities

A

house arrest

62
Q

“in a chamber”. In private. Refers to a judicial proceeding or conference from which the public is excluded.

A

in camera

63
Q

making it impossible for someone to do something

A

incapacitation

64
Q

imprisonment

A

incarceration

65
Q

an offense preparatory to committing another crime. includes attempt, conspiracy and solicitation

A

inchoate defense

66
Q

the condition of being below the age of legal majority

A

infancy

67
Q

a degree of mental illness that negates the legal capacity or responsibility of the affected person

A

insanity

68
Q

transactions in securities by a person who operates “inside” a corporation and by using materials nonpublic information trades to his or her advantage without first disclosing that information to the public

A

insider trading

69
Q

a state of drunkenness resulting from the use of alcoholic beverages or drugs

A

intoxication

70
Q

killing another in self-defense or defense of other when there is serious danger of death or great bodily harm to self or others, or when authorized by law

A

justifiable homicide

71
Q

the necessary and reasonable use of force by a person in self-defense, defense of another, or defense of property

A

justifiable use of force

72
Q

the forcible abduction and carrying away of a person against that person’s will

A

kidnapping

73
Q

at common law, the unlawful taking of property with the intent of permanently depriving the owner of same

A

larceny

74
Q

“evil in itself”. Refers to crimes such as murder that are universally condemned

A

mala in se

75
Q

“Prohibited evil.” Refers to crimes that are wrong primarily because the law declares them to be wrong.

A

mala prohibita

76
Q

the crime of willful destruction of the personal property of another

A

malicious mischief

77
Q

the crime of unlawful killing of another person without malice

A

manslaughter

78
Q

at common law, the crime of injuring someone so as to render that person less able to fight (or to maim)

A

mayhem

79
Q

law requiring convicted sex offenders released from prison to register with local law enforcement authorities

A

Megan’s Law

80
Q

guilty mind, criminal intent

A

mens rea

81
Q

a minor offense usually punishable by fine or imprisonment for less than a year

A

misdemeanors

82
Q

unconscious ignorance of a fact or belief in the existence of something that does not exist

A

mistake of fact

83
Q

an erroneous opinion of legal principles applied to a set of facts

A

mistake of law

84
Q

Under this rule, for a defendant to be found not guilty by reason of insanity, it must be clearly proved that, at the time of committing the act, the defendant was suffering such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know what he was doing was wrong

A

M’Naghten Rule

85
Q

published by the American Law Institute, this consists of the general provisions concerning criminal liability, sentences, defenses and definition of specific crimes. This is not law; rather, it is designed to serve as a model code of criminal law for all states.

A

Model Penal Code

86
Q

the offense of disguising illegal income to make it appear legitimate

A

money laundering

87
Q

the unlawful killing of a person by another with malice aforethought or premeditation or through depraved indifference to human life

A

murder

88
Q

a condition that compels or requires a certain course of action

A

necessity

89
Q

any criminal defenses not required to be specifically pled

A

negative defenses

90
Q

explicit sexual material that is patently offensive, appeals to a prurient interesting in sex, and lacks serious scientific, artistic, or literary content.

A

obscenity

91
Q

the crime of impeding or preventing law enforcement of the administration of justice.

A

obstruction of justice

92
Q

syndicates involved in racketeering or other criminal activities

A

organized crime

93
Q

conditional release from jail or prison of person who has served prt of his or her sentence

A

parole

94
Q

an administrative board that determines if a prisoner should be released on parole and, if so, under what conditions

A

parole board

95
Q

a prison

A

penitentiary

96
Q

the crime of making material false statement under oath

A

perjury

97
Q

sellers’ unlawful entering into agreements as to the price of products or services

A

price fixing

98
Q

a perpetrator of or aider and abettor in the commission of a crime (separate from an accessory)

A

principals

99
Q

conditional release of a convicted criminal in lieu of incarceration

A

probation

100
Q

the branch of the criminal law that deals with the processes by which crimes are investigated, prosecuted and punished

A

procedural criminal law

101
Q

the degree to which a particular punishment matches the seriousness of crime or matches the penalty other offenders have received for the same crime

A

proportionality

102
Q

the act of selling sexual favors

A

prostitution

103
Q

the cause that is nearest a given effect in a causal relationship

A

proximate cause

104
Q

common law crime involving sexual intercourse by a male with a female, other than his wife, by force and against the will of the female

A

rape

105
Q

laws that protect the identity of rape victims or prevent disclosure of victims’ sexual history

A

rape shield laws

106
Q

a recurring pattern of physical and emotional symptoms experienced by rape victims

A

rape trauma syndrome

107
Q

repetitive criminal activity

A

recidivism

108
Q

restoring someone or something to its former status; a justification for punishment emphasizing reform rather than retribution

A

rehabilitation

109
Q

the crime of obstructing or opposing a police officer making an arrest

A

resisting arrest

110
Q

the act of compensating someone for losses suffered

A

restitution

111
Q

something demanded in payment for a debt; in criminal law, the demand that a criminal pay his or her debt to society

A

retribution

112
Q

acronym for Title IX of the Organized Crime Control ct of 1970

A

RICO (Racketeer Influenced and Corrupt Organizations)

113
Q

rights to adequate food, clothing, shelter, medical care and sanitation s well s access to the courts; limited rights of expression and to exercise religious practices that do not disrupt prison routine

A

rights of prisoners

114
Q

a public disturbance involving acts of violence, usually by three or more persons

A

riot

115
Q

the crime of taking money or property from a person against that person’s will by means of force

A

robbery

116
Q

typically refers to a killing perpetrated by any act imminently dangerous to another and evincing a depraved mind with no regard for human life, although without any premeditated design to effect the death of any particular individual

A

second-degree murder

117
Q

singling out defendants for prosecution on the basis of race, religion or other impermissible classifications

A

selective prosecution

118
Q

the protection of one’s person against an attack

A

self-defense

119
Q

the crime of offering someone money or other thing of value in order to persuade that person to commit a crime

A

solicitation

120
Q

the mental purpose to accomplish a certain prohibited act

A

specific intent

121
Q

following or placing a person under surveillance and threatening that person with bodily harm, sexual assault, confinement or restraint or placing that person in reasonable fear of bodily harm, sexual assault, confinement or restraint.

A

stalking

122
Q

The principle that past decisions should stand s precedents for future decisions

A

stare decisis

123
Q

a law proscribing prosecutions for specific crimes after specified periods of time

A

statute of limitations

124
Q

doctrine of law whereby liability is imposed upon a party irrespective of that party’s fault

A

strict-liability offenses

125
Q

the crime of procuring someone to lie under oath

A

subordination of perjury

126
Q

the doctrine that a person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, the person lacks substantial capacity either to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law

A

substantial capacity test

127
Q

that branch of the criminal ,law that defines criminal offenses and defense, and specifies criminal punishment

A

substantive criminal law

128
Q

crime that is the object of a conspiracy

A

target crime

129
Q

false or deceptive conduct performed with the intent of violating revenue laws, especially the IRS

A

tax fraud

130
Q

a grant of immunity applying to offenses that a witness’s testimony relates to

A

transactional immunity

131
Q

the crime of attempting by overt acts to overthrow the government or of betraying the government to a foreign power

A

treason

132
Q

a federal statute enacted by Congress in 1950 that consolidated and modified prior laws regulating the conduct of military personnel; established a revised code of military justice to apply uniformly in all the military services; and established a civilian court of appeals. Authorizes the President to promulgate a Manual for Courts- Martial binding on all persons subject it.

A

Uniform Code of Military Justice

133
Q

a meeting of a group of individuals who intend to commit an unlawful act or to commit a lawful act in an unlawful manner

A

unlawful assembly

134
Q

a grant of immunity that forbids prosecutors from using immunized testimony as evidence in criminal prosecutions

A

use immunity

135
Q

the crime of passing a false or worthless instrument, such as a check, with the intent to defraud or injure the recipient

A

uttering a forged instrument

136
Q

the willful destruction of the property of another person

A

vandalism

137
Q

homicide resulting from the unlawful and negligent operation of a motor vehicle

A

vehicular homicide

138
Q

the constitutional infirmity of a law that is so vague that a person of ordinary intelligence cannot determine what it permits, requires or prohibits

A

vice of vagueness

139
Q

violations of federal and state statutes, local ordinances, and regulations designed to ensure that society treats everyone equally

A

violations of civil rights

140
Q

various criminal offenses committed by persons in the upper socioeconomic strata of society, often in the course of the occupation or profession of such persons

A

white-collar crimes

141
Q

an act or omission that infringes on the rights of another person

A

wrongful act or omission

LAS101 - Intro to Law (34 decks)

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