Crime and Punishment vocab #1

acquit

In a criminal case, to find a defendant not guilty

affirmative defense

a defense such as insanity, self-defense, and entrapment. If proved by the defendant, it makes the defendant not guilty of the crime, even if the prosecution can prove the elements of the crime

arson

the crime of willfully and maliciously burning another person’s property

assault

technically, the immediate threat of attacking someone, but usually it means a physical attack on another person

assault with a deadly weapon

attacking someone with a weapon that could cause fatal injuries

battery

The illegal touching of another person, usually an attack. When used in the phrase “assault and battery,” the assault is the threat of the attack, and the battery is the physical attack itself

bunco

a con game; a swindle

burglary

the crime of unlawfully entering a building with the intent to commit a crime, such as theft

civil case

a lawsuit between individuals or organizations, which normally seeks monetary compensation for damages

common law

1. the unwritten law in England that evolved over centuries and is the basis for U.S. law

2. Case law in the U.S. as opposed to statutory law

crime

an illegal act punishable upon conviction in a court

criminal lawyer

a prosecutor or defense attorney

felony

serious crime usually punished by one or more years of imprisonment in a state or federal penitentiary

felony murder

any killing done while a criminal is commiting a felony

fraud

the crime of obtaining another’s property through lies and deceit

larceny

the unlawful taking of another’s property with the intention of permanently depriving the owner of its possession and use; theft

lynching

a form of mob violence that punishes an accused person without a legal trial

mens rea

guilty mind; the state of mind requirement for a crime

misdemeanor

crime less serious than a felony, usually punished by a fine or a imprisonment up to one year in a local jail

Model Penal Code

a criminal code composed by legal experts at the American Law Institute as a standard that legislatures may want to adopt. Unless sections of it are adopted by jurisdictions, it has no legal authority.

perjury

the crime of lying while testifying under oath

restitution

direct payments made from criminal to victim as compensation for a crime

robbery

the taking of a person’s property by violence or threat of violance; stealing