Paralegal Lesson 9

Accessory

Someone who helps commit a crime without being present

Accessory after the fact

Someone who helps hide a crime or criminal after a criminal act

Accessory before the fact

Someone who encourages or helps plan a crime without being present during the actual commission of the criminal act

Accomplice

Someone who knowingly helps commit a crime or hide a crime

Actus reus

The physical act of committing a crime

Affidavit

A sworn written statement of facts believed to be true

Affirmative defense

A defense requiring the defendant to provide supporting evidence

Alibi

A claim that the defendant was elsewhere when the crime occurred

Appeal

A request for a higher court to review a lower court’s decision

Apprehension

Fear or dread of an upcoming unwanted event

Arson

The intentional burning of a structure

Asportation

Moving property from its original location, even slightly

Assault

An action causing fear of immediate harmful or offensive contact

Attempt

An incomplete act beyond preparation toward a crime

Bail

Money or conditions to ensure a defendant’s court appearance

Battered woman syndrome

A defense where a woman responds violently to long-term abuse

Battery

Unlawful harmful or offensive physical contact

Bond

A financial guarantee of a defendant’s return to court

Breaking

Using any force to gain entry

Burglary

Unlawful entry to commit theft or a felony

Circumstantial evidence

Evidence suggesting facts indirectly

Clear and convincing evidence

Evidence conveying a high likelihood that a fact is true

Code

A collection of written laws

Coercion

The act of physically forcing someone to commit a crime

Complete defense

A defense that, if proven, fully exonerates the defendant

Concurrent sentences

Sentences served at the same time

Consecutive sentence

Sentences served one after the other

Constructive presence

A person’s presence at a crime scene in the eyes of the law

Conversion

The taking of property without the owner’s consent

Direct evidence

Evidence that directly proves a fact

Double jeopardy

Being tried twice for the same crime

Due process

The requirement of fair legal procedures for all defendants

Duress

The use of mental pressure to force someone to commit a crime

Entrapment

The police inducing someone to commit a crime who would not otherwise be inclined to do so

Evidence

Information presented at trial to prove or disprove facts

Felony

A serious crime punishable by more than one year in prison

Felony-murder doctrine

The issuance of a murder charge when death occurs during a felony

General intent

Acting knowingly and voluntarily, not accidentally

Habeas corpus

A court order requiring justification for imprisonment

Homicide

The killing of one human by another

Inchoate

Incomplete; an incomplete attempt to commit a crime

Insanity

In legal context, a claim of not knowing right from wrong during a crime

Intoxication

Impairment due to alcohol or drugs

Larceny

The unlawful taking of property with the intent to keep said property

Magistrate

A judge with limited authority over basic procedures

Malice

Intent to cause harm without legal reason

Mens rea

Mental intent to commit a crime

Miranda rights

Rights read to protect an individual against self-incrimination

Misdemeanor

A minor crime punishable by up to one year in jail

Murder

An unlawful, intentional killing with malice and/or premeditation

Necessity

A crime committed to avoid a greater danger

Ordinance

A law passed by a local government

Preponderance of the evidence

The superior likelihood of the evidence of being true

Principal

Someone who directly commits a crime

Property bond

Real estate used to ensure a defendant’s return to court

Reasonable doubt

Logical uncertainty preventing conviction

Self-defense

The use of force to protect against a direct threat

Sentence

A punishment imposed by a judge after conviction

Simple defenses

Defenses not requiring evidence from the defendant

Solicitation

Asking or encouraging someone to commit a crime

Specific intent

A defendant’s intention to achieve a specific result

Speedy trial

The right to be tried within a reasonable time

Statute

A law passed by a legislature

Statute of limitations

The time limit to file criminal charges

Strict liability offense

A crime requiring no proof of intent

Substantial step

A clear move toward committing a crime

Supremacy clause

The clause decreeing that federal law overrides conflicting state laws

Term of court

The set period when court is in session

Voir dire

the questioning of potential jurors for suitability

Warrant

An order allowing search or arrest by police

White-collar crimes

Nonviolent crimes involving fraud or deception