Criminal Law and Inchoate Offenses Vocabulary

Vocabulary-style flashcards covering criminal law concepts, homicide classifications, offenses against persons, property crimes, and burglary definitions directly from the transcript.

Inchoate

Not done/ready, unripe.

Inchoate Offenses

Attempt, Solicitation, Conspiracy.

Attempt

An effort to accomplish a particular purpose; a failure to accomplish what was intended.

Solicitation

A person counsels, entices, incites, or solicits another to commit a crime.

Overt Act

Usually a specific step to commit an intended crime required for an attempt.

Defenses to Attempt

Maybe "Legal Impossibility" but never "Factual Impossibility".

RICO Act

Racketeer Influenced & Corrupt Organizations Act.

Actus Reus of Solicitation

The request, the command or the enticement to commit the illegal act. The actual crime does not need to take place.

(CL) Conspiracy

An agreement by two or more persons to accomplish a criminal act.

Homicide

"The taking of the life of one human being by another".

(CL) Criminal Homicide

Murder and Manslaughter.

(CL) Non-Criminal Homicide

Self Defense, War, Justifiable, Excusable.

(CL) "Murder"

Requires "Malice Aforethought" (can be either Express or Implied).

(CL) "Manslaughter"

A killing that is without Malice.

(CL) Abortion

Not a homicide under the Common Law.

Involuntary Manslaughter

Unintentional with gross or wanton negeliances.

Voluntary Manslaughter

Intentional, unlawful - including "Heat of Passion".

Heat of Passion

Acted out of intense emotion rather than cool judgment (Voluntary Manslaughter).

Castle Doctrine

Self defense at your own home.

Duty to Retreat

Duty to get out and dodge a threat if a resonable distance away.

Felony Murder

Committing murder while doing a felony.

Stand your Ground Laws

Stand your ground, not moving and defend your self.

Corpus Delecti

"The body of the crime." The substantial and fundamental fact necessary to prove the commission of a crime.

Homicide Corpus Delecti

1. A human is dead and there is evidence beyond a Defendant's confession and 2. The Death was caused by a criminal act.

Subsumed

Including something as part of a larger category or group.

Assault

Some sort of threatening behavior.

Battery

Unwanted touching of another person.

Aggravated Assault/Battery

Factors include male v. female, size disparity, weapon, or seriousness of the injury.

Hazing

Assault and Battery of college community that people sign up for.

5 Main Types of Abuse

Child Abuse, spousal abuse, elder abuse, domestic abuse, animal abuse.

(CL) Mayhem

Rendering your victim unable to defend themselves.

Stalking

Unwanted repeated following, calling, and harassing of a person.

Cyber Stalking

Unwanted repeated following, calling, and harassing of a person online.

Rape and Sexual Battery

Unwanted sexual action between anyone.

(CL) Rape and Sexual Battery

Unwanted sexual action man against women.

Hales Rule on Rape

Husband cannot rape their wife because their wife is their property.

Rape under US Law

Criminal Sexual Conduct which is forced and lack of consent.

Rape Sheild Laws

Defence cannot go into your sexual history if your a victim of sexual assault.

Megan Laws (1994)

Prompted by a white girl kidnapped by a convicted sex offender, resulting in the sex offender registry in New Jersey.

SC Sex Offender Registry

Hard to leave the state and you must registered twice a year.

Beastiality

Sex with an animal.

False Imprisonment

Holding someone against their will.

Sodomy

Sexual act involving person mouth or anus of another.

Kidnapping

The unlawful taking, moving, or confining of a person against their will by force, threat, fraud, or deception.

Hate Crimes

Any crime with a offender's bias against a victim's actual or perceived protected characteristics.

(CL) Tangible Property

Stuff you hold.

(CL) Intangible Property

You own but not hold (ae bank account).

(CL) Conversion under Civil Law

Taking raw goods on somelse property and converting it and selling it.

(CL) Larceny

Wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the other person of the property.

(CL) Petite (Petty Larceny)

Misdemeanor, depends on value, in old england the penalty is either death, life, or sent to US or Aussie.

(CL) Grand Larceny

Felony, high value stolen item.

RSP (Receiving Stolen Property)

RSP that you should have known or known that is stolen.

Embezzlement

Breach of trust, taking advantage of something your incharge of.

False Pretences

Obtain the property of another with promise of giving you something that you dont have (ae swindling).

Shoplifting

Larceny in store.

Strong Arm Robbery

Robbery with no weapon.

Looting

Larcenry/burlary during a state of emergency.

Property Crime Enhancement

Two or more shoplifting offences.

Robbery

Wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the other person of the property by force of placing the other person in fear.

FORGERY

The fraudulent making or alteration of a writing to the prejudice of another person's right.

CARJACKING

Robbery when a car is involved.

To Utter or Uttering

To publish.

Home Invasion

Aggravated Burglary.

Possession of Burglary Tools

Primarily used in conjunction with Burg. & B&EMV.

Arson

Intentional not accidental.

(CL) Burglary

Breaking and entering of a dwelling of another during night.

Burglary 1st (Violent)

15 years to Life - Armed nighttime burlary of a house with a resident or someone is injured.

Burglary 2nd (Violent and Non Violent)

0-15 years - House during day, buisness during night.

Burglary 3rd (Non Violent)

0-5 years - Non residential burlary.

Burglary 3rd 2nd Offense

0-10 year - Non residential burlary again.