Criminal Law Vocabulary

Flashcards for criminal law vocabulary

Felony

A serious criminal offense punishable by a prison sentence of more than one year

Misdemeanor

A criminal offense, less serious than a felony, punishable by a prison sentence

Principal

The person who commits the crime

Accomplice

A person who voluntarily helps another person commit a crime; an accomplice is usually present or directly aids in the crime

Accessory

A person who helps commit a crime. An accessory before the fact is one who encourages, orders, or helps, plan a crime. An accessory after the fact is someone, who knowing a crime has been committed, helps conceal the crime or criminal

Solicitation

The act of requesting or strongly urging someone to do something illegal, solicitation is considered a crime.

Attempt

An effort to commit a crime that goes beyond mere preparation but does not result in the commission of the crime.

Conspiracy

An agreement between two or more persons to commit a crime along with a substantial act toward committing the crime.

Homicide

The killing of another person. Homicide can be criminal, noncriminal, or negligent.

State of mind

What you are thinking; most crimes require that the actor have a guilty state of mind, meaning that he or she purposefully commits the prohibited act.

Mens rea

The Latin term used by lawyers when they discuss the requirements for a guilty state of mind.

Strict liability

The legal responsibility for damage or injury, even if you are not negligent.

Statutory rape

The act of unlawful sexual intercourse by an adult with someone under the age of consent, even if the minor is a willing and voluntary participant in the sexual act.

Crime of omission

Failing to perform an act required by criminal law.

Inchoate crimes

Crimes that are committed before or in preparation for committing another crime.

Overt

Open; clear

Malice

Ill will; deliberate intent to harm someone.

Murder

The unlawful killing of a person with malice and forethought.

Murder in the first degree

Planned in advance and done with malice or during the commission of a dangerous felony.

Murder in the second degree

Does not require malice or premeditation but is the result of a desire to inflict bodily harm. It is done without excuse and is therefore more serious than manslaughter.

Felony murder

The killing of someone during the commission of certain felonies, regardless of intent to kill.

Manslaughter

The killing of a person without malice or premeditation, but during the commission of an illegal act.

Kidnapping

Taking away a person against that person’s will

Unlawful imprisonment

Confining a person against that person’s will and in violation of the law

Assault

An intentional threat, show of force, or movement that causes a reasonable fear of, or actual physical contact with, another person.

Battery

Any intentional, unlawful physical contact inflicted on one person by another without consent. In some states, this is combined with assault.

Sexual assault

Unwelcome sexual contact against another individual threat or intimidation or enabled because the victim is incapacitated due to drugs alcohol or mental disability.

Premeditated

Deliberate, or having thought about doing something before actually doing it.

Negligent Homicide

Causing death through criminally negligent behavior

Negligence

The failure to exercise a reasonable amount of care in either doing or not doing something, resulting in harm or injury to another person.

Suicide

The deliberate taking of one’s own life.

Abduction

involves taking away a person against that person’s will.

Stalking

The act of following or harassing another person, causing the fear of death or injury.

Cyberstalking

Stalking or harassment using electronic communications.

Bully

A version of assault and battery in which peers or acquaintances intimidate or put others in fear.

Rape

Unlawful sexual intercourse. It is committed when one party forces another party to have sexual intercourse. It implies a lack of consent.

Arson

The deliberate and malicious burning of another person’s property.

Vandalism

The deliberate destruction or defacement of another person’s property; also known as malicious mischief.

Larceny

The unlawful taking of another’s property with the intent to steal it. Grand larceny, a felony is the theft of anything above a certain value(sometimes $100 or more). Petty larceny, a misdemeanor, is the theft of anything below a certain value (for example $100)

Shoplifting

A form of larceny in which a person takes items from a store without paying or intending to pay.

Embezzlement

The taking of money or property by a person to whom it has been entrusted; for example, a bank teller or company accountant. Theft or misappropriation of funds placed in one's trust or belonging to one's employer.

Robbery

The unlawful taking of property from a person’s immediate possession by force or intimidation.

Extortion

Taking property illegally through threats of harm.

Burglary

Breaking and entering a building with the intention of committing a crime.

Forgery

The act of making a fake document or altering a real one with the intent to commit fraud.

Cybercrime

Describes a wide range of actions that involve computers and computer networks in criminal activities.

Alibi

A Latin word meaning “elsewhere” an excuse or plea that a person was somewhere else at the time a crime was committed.

Criminal Sexual Assault

A category of crimes that includes rape, attempted rape, and statutory rape.

Acquaintance Rape

Sexual assault by someone known to the victim, such as a date or neighbor.

Concealment

The crime of attempted shoplifting that is recognized in some states

Uttering

Offering to someone as genuine a document known to be a fake.

Receiving stolen property

Receiving or buying property that is known or reasonably believed to be stolen.

Unauthorized Use of a Vehicle

Unlawful taking of a car by someone who intends only to use it temporarily

Carjacking

A crime in which the perpetrator uses force or intimidation to steal a car from a driver.

DNA evidence

Biological evidence, derived from testing samples of human tissues and fluids, that genetically links an offender to a crime.

Entrapment

An act by law enforcement officials to persuade a person to commit a crime that the person would not otherwise have committed. If proven, entrapment is a valid defense to a criminal charge.

Duress

Unlawful pressure on a person to do something that he or she would not otherwise do. Dures may be a defense to a criminal charge.

Necessity

A defense to a criminal charge that shows a just and lawful reason for the defendant’s conduct.

Arrest

To take a person suspected of a crime into custody

Arrest Warrant

A court-ordered document authorizing the police to arrest an individual on a specific person has committed a crime

Probable cause

A reasonable belief, known personally or through reliable sources, that a specific person has committed a crime

Infancy

The legal defense of a person considered not yet legally responsible for his or her actions; the time before which a person becomes entitled to the legal rights and responsibilities normally held by citizens.

Intoxication

A state of drunkenness or similar condition created by the use of drugs or alcohol.

Insanity Defense

Defense raised by a criminal defendant stating that because of mental disease or defect, the defendant should not be held responsible for the crime committed.

Drug Courier profile

Using commonly notions of what typical drug couriers look and act like in order to be to question a person without establishing individualized suspicion.

Corroborate

To confirm information

Reasonable suspicion

Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity; based less on evidence than probable cause but more than a mere hunch.

Stop and Frisk

To “pat down” or search the outer clothing of someone whom the police believe is acting suspiciously.

Exclusionary rule

A legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial; generally applies to violations of a defendant’s Fourth, Fifth, or Sixth Amendment rights.

Search Warrant

A court order issued by a judge or magistrate, giving police the power to search for and seize items related to a crime.

Bona fide

A latin term, meaning ïn good faith characterized by good faith and lack of fraud or deceit.

Affidavit

A written statement of facts sworn to or made under oath before someone authorized to administer an oath.

Contraband

Any items that are illegal to possess.

Interrogate

To question a witness or suspected criminal.

Self-incrimination

Giving evidence and answering questions that would tend to subject one to criminal prosectution.

Miranda rights

Rights that a person taken into custody must be informed of by police or other officials before questioning begins. These include the right to remain silent, to contact a lawyer, and to have a free lawyers provided if the person arrested cannot afford one.

Arraignment

A court session at which a defendant is charged and enters a plea. For a misdemeanor

Bail

Money or property put up by the accused or his or her agent to allow release from jail before trial. The purpose of bail is to assure the court that the defendant will return for trial. If the defendant returns for trial. If the defendant is present for trial, the money or property is returned.

Custodial Interrogation

Questioning by law enforcement officers after a person has been take into custody or other wise deprived of his or her freedom of movement.

Booking

The formal process of making a police record of an arrest

Personal recognizance

A release from legal custody based on a defendant’s promise to show up for trial. An alternative to cash bail, this practice is used if the judge decides that the defendant is likely to return.

Information

A prosecuting attorney’s formal accusation of the defendant, detailing the nature and circumstances of the charge.

Preliminary hearing

Pretrial proceeding at which the prosecutor must prove that a crime was committed and establish the probable guilt of the defendant. IF the evidence presented does not show probable guilt, the judge may dismiss the case.

Grand Jury

A group of 16 to 23 people who hear preliminary evidence to decide whether there is sufficient reason to formally charge a person with a crime.

Indictment

A grand jury’s formal charge or accusation of criminal action.

Nolo Contendere

Latin phrase meaning “ no contest”; a defendant’s plea to criminal charges that does not admit guilt but also does not contest the charges. It is the equivalent of a guilty plea, but cannot be used as evidence in a later civil trial for damages based on the same facts.

Pretrial motion

A document by which a party asks the judge to make a decision or take some action before the trial begins.

Judicial integrity

As used in discussing search and seizure, this an argument for the use of the exclusionary rule, which emphasizes that courts should not permit lawbreaking by the police

Deterrence

Measures taken to discourage illegal actions

Plea Bargaining

In a criminal case, the negotiations between the prosecutor, defendant, and defendantś attorney. In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a reduced punishment.