Criminal Law Terms Part 1

Corpus Delicti

The body of the crime; meaning the prima facie case or elements of the crime proof that a crime occurred

Actus Reus

The overt physical act of a crime

Mens Rea

Guilty mind or wrongful intent

Concurrence

Actus reus and mens rea must occur at the same time

Malum In Se

Wrong in itself (naturally evil)

Malum Prohibitum

refers to something made wrong by legislation

Felony

Crime punishable by death or more than one year in prison

Misdemeanor

Any crime that is not a felony

Merger Rule

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

General Intent

refers to the purposeful commission of a prohibited act where the performance of the act is sufficient to establish intent to commit the crime

Specific Intent

refers to the purposeful commission of a prohibited act with the aim of producing a particular result.

The Transferred Intent Doctrine

while in the process of committing a crime against one person, unintentionally commits the crime against a different person or commits a different crime. The defendant's wrongful intent is transferred to include the unintended victim or crime.

Intent under MPC

person is generally guilty of an offense only if he acted purposefully, knowingly, recklessly or negligently, as the law for a particular crime may require, with respect to each material element of the offense.

Purposely

means that the defendant acted with the conscious object to do the act or to cause the result of his act, or that the defendant acted while aware or hopeful that the circumstances which led to harm existed

Recklessly

the defendant acted with conscious disregard of a substantial and unjustifiable risk that his act would result in a crime, such that his disregard involved a gross deviation from the standard of conduct

Intent for Inchoate Crimes

Even if the target crime is a general intent crime, the inchoate version will be a specific intent crime

Causation

Proof that the defendant's act is the actual and proximate cause of harm is required to establish that a defendant should be found guilty

Actual Cause

is the cause which starts, ignites or

makes possible the result which follows, and which satisfies the "But For" or Substantial

Factor Test.

The "But For" Test

is used to establish actual cause in criminal cases which include a harmful result as an element of the crime. To apply the test, the state must show that "but for" the defendant's act, the harm would not have occurred.

Substantial Factor Test:

used to establish actual cause

where more than one act contributes to the harm. The defendant is said to be an actual

cause of the harm if the defendant's act is a substantial factor in bringing the harm about.

Proximate Cause

an actual cause of harm is also the proximate cause if the act is closely connected enough to the resulting harm if it is fair to hold the defendant liable. Under MPC, this means that the resulting harm is not too remote or accidental

Principal in the 1st Degree

Under common law, this principal is the one who personally performs the actus reus of the crime

Principal in the 2nd Degree

Under common law, this is one who doe not personally perform any actus reus of the crime, but who is actually or constructively present and aids and abets/

Constructive Presence

someone who, while not physically present during an act, is so situated as to give assistance to the perpetrator

Aid and Abet

knowingly or intentionally assists in or facilitates the commission of a crime

Accessory

one who knowingly counsels, commands encourages or aid in the perpetration of a crime

Accomplice

one who intentionally and knowingly participates or assists in the commission of a crime

Accomplice Liability

accomplices are guilty of the target crime and are also guilty of all acts by all accomplices or principals which are in furtherance of the target crime and all additional crimes

Misprision of a Felony

the nondisclosure of the known felony of another

Compounding the Crime

the acceptance of anything of value under an unlawful agreement not to prosecute to known offender

Inchoate crimes

partly or imperfectly formed or incomplete

Solicitation

one counsels, incites, solicits, or requests another to commit an unlawful act

Attempt

when criminal intent becomes accompanied by an act which comes with close proximity of committing a crime

Conspiracy

when two or more person agree together to accomplish a criminal or unlawful act or to do a lawful act by criminal means

Pinkerton Rule

each member of a conspiracy can be charged with crimes committed by co-conspirators if those crimes were committed in furtherance of the target crime

Wharton Rule

when a crime requires the participation of more than one person, the perpetrators can't be charged with conspiracy

Battery

the intentional, harmful, or offensive touching of another

Assault

the intentional threatening of another with battery and the creating of reasonable apprehension of immediate bodily harm of the victim

Rape

sexual intercourse with a woman without her consent

Statutory Rape

sexual intercourse with a willing female under the age of consent

Sodomy

seriously deviate or unnatural sexual practices

Mayhem

the malicious maiming or disfiguring of another

Kidnapping

the movement of a person against his will from one place to another

Homicide

the killing of one human being by another human

Murder

is a homicide committed with malice aforethought

Malice Aforethought

the mens rea required for murder. It exists when the defendant has a "man endangering state of mind" and is evidenced by one:

1) intent to kills is expressed

2) intent to cause serious bodily harm

3) a wanton and willful disregard of human life

4) intent to commit a dangerous felony

1st Degree Murder

murder committed by poison, torture, lying in wait, or other willful, deliberate and premeditated means

Torture

occurs when a person inflicts great bodily injury on another with intent to cause cruel or extreme pain and suffering

Willful

voluntary and intentional

Deliberate

carefully considered

Felony Murder

if a death occurs during the attempt or commission of a serious felony, is causally related to that felony, and is not a lesser included offense, then the felon can be charged with first degree murder.

2nd Degree Murder

all murders which are not 1st, those homicides committed with malice aforethought but do not meet the requirements of 1st.

Voluntary Manslaughter

because of mitigating circumstances, is treated as less heinous than 1st or 2nd degree murder

Heat of Passion

can reduce murder to voluntary manslaughter if:

1) adequate provocation to lead a reasonable person to lose self-control

2) defendant actually lost self-control

3) not enough time to cool off between provocation and murder

Involuntary Manslaughter

unintentional homicide committed without malice but under circumstances involving either gross negligence of a crime