Law and Society (Study Guide, Crime Terms)

Property Crimes, Crimes Against People

Accessory After the Fact

A person who assists another, knowing that they have committed a felony, often to help them evade arrest or trial.

Accessory Before the Fact

A person who aids or encourages another to commit a felony, but is not present during the commission of the crime.

Accomplice

A person who participates in the commission of a crime, either by aiding, abetting, or encouraging the principal offender.

Felony

A serious crime typically punishable by imprisonment for more than one year or by death. Felonies include offenses such as murder, rape, and robbery.

Intent

The mental state or purpose behind a person's actions, especially in relation to committing a crime. Intent can indicate whether the crime was committed with premeditation or malice.

Misdemeanor

A lesser crime than a felony, typically punishable by fines or imprisonment for less than one year. Misdemeanors include offenses such as petty theft and disorderly conduct.

Motive

The reason or driving force behind a person's actions, often related to the commission of a crime. Motive helps to explain why someone committed an offense, but is not required to prove guilt.

Act 

Formal body of law enacted by a legislature, also known as a statute or law. Refer to an action or specific event that has a legal consequence, such as a criminal act or an act of negligence.

Attempt

The crime of trying to commit another crime, but failing to complete it. The specific intent to commit the target crime and take a substantial step toward its completion. An attempt is an inchoate crime, meaning it is an incomplete or preliminary offense that is still punishable. 

Crime

An illegal act or omission that violates a public law and is punishable by the government with penalties like fines or imprisonment.

Elements

Essential components or requirements that a party must prove to win a case, succeed in a claim, or secure a conviction. For a criminal offense, the prosecution must prove each element of the crime, such as the physical act, the mental state, and causation, beyond a reasonable doubt. For a civil claim, the plaintiff must prove each element to establish the claim, such as the existence of a legal duty in a negligence case.
 

Crime of Omission

A person is held criminally liable for failing to act when they had a legal duty to do so. This legal duty can arise from a statute, a special relationship like parent-child, a contract, or by voluntarily assuming care of another person. Liability for an omission is established when the failure to act is the proximate cause of a proscribed harm and the person had the legal obligation and capacity to act. 

Principal

A person who authorizes another (an agent) to act on their behalf, the main party in a transaction or contract, the original sum of a loan or trust assets, or the main perpetrator of a crime. The specific meaning depends heavily on the legal context, such as agency law, contract law, finance, or criminal law. 

Restitution

The act of returning something to its rightful owner or the process of compensating a victim for loss or injury caused by a defendant's actions. It can be a remedy in both criminal and civil cases, requiring a defendant to pay back the victim for damages, which may include medical costs, lost wages, and property repair

Solicitation

The act of urging, advising, or commanding another person to commit a crime. It is an inchoate offense, meaning it is a preparatory crime that is complete when the request is made, even if the crime is never carried out.

Homicide

The killing of one human being by another, which can be criminal or non-criminal. It is a broad term that includes murder, manslaughter, and justifiable homicide, which is a killing that is not a crime, such as in self-defense.

Assault

The act of threatening or attempting to inflict immediate physical harm on another person, causing them to reasonably fear an imminent harmful or offensive contact. The action must be physical and put the victim in fear of imminent harm. 

Larceny

The wrongful taking and carrying away of another person's personal property without consent and with the intent to permanently deprive the owner of it.

Robbery

The unlawful taking of property from a person's possession by force or the threat of force. It is distinguished from theft by the use of violence or intimidation and is considered a more serious offense because it involves a direct confrontation with a victim. Key elements include the intent to steal, the use of force or fear, and the taking from the victim's person or immediate presence. 

Burglary 

The unauthorized entry into a structure with the intent to commit a crime inside, most often theft or a felony. Illegal entry itself, which can include entering through an unlocked door or an open window.