Criminal Acts

Question 1

The Corpus Delicti

Answer 1

The corpus delicti is the body of the crime, meaning the prima facie case or elements of the crime. Generally, the term embodies both the obvious evidence of a crime and the logical conclusion based upon that evidence that the elements of a crime have been committed, for example, a dead body with a knife sticking out and the logical conclusion that a homicide has been committed.

Question 2

Actus Reus

Answer 2

Actus reus refers to the overt act.

Question 3

Malum In Se

Answer 3

Malum in se refers to a wrong in itself, in other words, something naturally evil.

Question 4

Malum Prohibitum

Answer 4

Malum prohibitum refers to something made wrong by legislation.

Question 5

Felony

Answer 5

A felony, in most jurisdictions, is a crime that is punishable by death or by a sentence of more than one year even though the sentence actually imposed is one year or less. However, in some states, a crime is a felony if the sentence is to be served in a state prison, as opposed to a county or city jail.

Question 6

Misdemeanor

Answer 6

A misdemeanor is any crime that is not felony.

Question 7

Merger Rule

Answer 7

Under the Merger Doctrine, when all the elements of one crime are included within the elements of another crime, the lesser crime merges with the greater and a defendant cannot be convicted of both crimes. For example, larceny merges with robbery and battery merges with murder.
Additionally, the Merger Rule applies to solicitation and attempt, to prevent a person from being convicted of either of these and of the completed target crime.