Chapter 3 - Identifying and Measuring Crime Flashcards
(48 cards)
mala in se
inherently evil acts - immoral in their nature and injurious in their consequences (murder, rape, theft)
mala prohibita
crimes that may not necessarily be wrong in themselves but are wrong simply because they have been prohibited by a statute
felonies
historically, under common law, were crimes that were punishable by death or forfeiture of property
- today: punishable by death or imprisonment of 1+ years
misdemeanors
minor offenses that are generally punishable by no more than 1k fine and/or one year of imprisonment
violations
lesser than misdemeanors
- an offense for which a sentence to a term of imprisonment in excess of 15 days cannot be imposed
homicide
the killing of one human by another
criminal homicide
inexcusable or justifiable homicide
murder
the felonious killing of another human being with malice aforethought
malice aforethought
the intent to cause death or serious harm or to commit any felony whatsoever
deliberation
full and conscious knowedge of the purpose of killing, suggesting that the offender has considered the motives for the act and its consequences
premeditation
a design or plan to do something - a conscious decision to commit the offense
second degree murder
instances of criminal homicide committed with malice aforethought but without deliberation and premeditation
felony murder doctrine
any death resulting from the commission of, or attempt to commit, the crimes of arson, burglarly, larceny, rape, or robbery was to be considered murder
- provides that if a death occurs during the commission of a felony, the person committing the primary offense can also be charge with first degree murde
manslaughter
when a killing occurs under circumstances that are not severe enough to constitute murder yet are beyond the defenses of justifiable or excusable homicide
- does not imply malice
assault
an intentional attempt or threat to physically injure another person
battery
the term for the nonlethal culmination of an assault
assault and battery
an assault that inflicts some violence on the victim
robbery
the felonious taking of money or goods from a victim’s person, or in a victim’s presence and against his or her will, through the use or threat of force and violence
arson
the malicious burning of the dwelling of another person
- modern statutes include property of arsonist, different property
breaking and entering
breaking: forcible entry
entering: the insertion of any part of the body or any instrument or weapon into the building
larceny
the taking and carrying away of the personal property of another person with the intent to deprive permanently
shoplifting
the theft of goods, wares, or merchandise from a store or shop
pickpocketing
the theft of money or articles directly from the garments of the victim
embezzlement
the fraudulent appropriation or conversion of money or property by an employee, trustee, or other agent to who the possession of such money or property was entrusted