Chapter 14: Criminal & Juvenile Law

Crime

An act in violation of a criminal statute.

Model Penal Code

A collection of criminal statutes, it was created for the states to adopt in whole or in part, and has helped create uniformity in criminal law.

Deterrence

Stopping, discouraging, or preventing persons from performing certain actions; specifically, criminal actions.

Rehabilitation

Helping a person attain or regain his or her potential as a citizen; may take the form of therapy or counseling.

Incapacitation

Restraining a person from taking certain actions.

Retribution

Punishing for a crime.

Mens rea

The mental element of a crime; sometimes called the “guilty mind.”

Actus reus

The physical element of a crime; the guilty act or physical aspect of the crime.

Purposeful Act

An act that is performed willingly or voluntarily.

Knowing Act

An act that is performed consciously or knowingly.

Reckless Act

An act where a person is careless or indifferent to the consequences of the action.

Negligent Act

An act where a person acts with substantial and unjustifiable risk.

Inference

Logical conclusions of a fact that might not be supported by direct evidence, but can be deduced based on the evidence and common sense.

Homicide

The taking of the life of a human being by another.

First-degree Murder

A homicide that is premeditated, willful, and deliberate.

Second-degree Murder

Usually, an impulsive (if intentional) violent act that results in death.

Manslaughter

A lesser crime than murder that is reckless and lacking the intent to kill.

Assault

A threat of an offensive touching causing a reasonable fear of imminent harm; it is both a crime and a tort. 

Battery

An offensive touching causing harm; it is both a crime and a tort. 

Kidnapping

An unlawful taking, confinement, and carrying away of another person by threat, force, fraud, or deception.

False Imprisonment

A lesser included offense (meaning all of the elements of false imprisonment are also elements of kidnapping), but false imprisonment does not involve a “carrying away.”

Burglary

The unlawful entry into a structure for the purpose of committing a felony inside.

Arson

The destruction of or damage to property by intentional burning.

Defense

An explanation of why the person complaining should not prevail in his or her action/case.