Criminal Law Terms Part 2

Burglary

the breaking and entering of the dwelling house of another in the night time with th eintent to commit a felony

Statutory Burglary

unlawful entry into a structure or vehicle with the intent to commit a felony or theft, including petty theft, once inside

Arson

the malicious burning of the dwelling house of another

Statutory Arson

the malicious burning of any structure

Larceny

the trespassory taking and carrying away of the personal property of another with intent to premantly deprive them

Larceny by Trick

the taking of the personal property of another was done with the owner's consent however, the consent was obtained by deceit or fraud

False Pretenses

obtaining of title of the property of another through false representation of fact with the intent to defraud

embezzlement

fraudulent taking of the personal property of another by one to whom the possession has been entrusted

robbery

larceny from the person of another by use of violence, force, intimidation or threat of immediate harm

extortion

obtaining property through coercion, usually involving a threat to perform an illegal act in the future

Blackmaial

in some states, extortion applies to those acting under color of office, while blackmail applies to any person obtaining property through coercion. In other states, blackmail applies to coercion through a threat to reveal information where such revelation would not be crimina

Bribery

corrupt payment ot receipt og an advantage or anything of value to influence a person's action, vote, or opinion in any public or official capacity

Forgery

the false making or material alteration of any writing of legal significance with the intent to defraud

Uttering

The use of a forged instrument, knowing that it is forged, with the intent to defraud

Receiving Stolen Property

the acquisition of stolen property with knowledge at the time of receipt it was stolen, with the intent to deprive the owner

Prejury

the making of a false oath or affirmation in a judicial proceeding in regard to a material matter

Subornation of Perjury

The procurement of perjury from another

Embracery

An attempt by corrupt and wrongful means to influence a juror in regard to the jury's verdict

Breach of Peace

a willful act which unreasonably disturbs the public peace

Unlawful Assembly

A meeting of three or more people with a common plan to commit an unlawful act or a lawful act in a manner likely to cause a breach of peace

rout

unlawful assemblers for the purpose of carrying out the common design

Riot

A tumultuous disturbance of the peace by three or more people acting together to commit a crime by open force or to carry out any common enterprise

Affray

mutual fight in a public place

Infancy

a child under the age of 7 does not have the capacity to commit a crime rebuttable presumption that a 7 to 14 doesn't have the capacity to commit a crime, and over the age of 14 has the same capacity to commit a crime that an adult has

Unconsciousness

a person who is unconscious and does not have the capcityt to commit a crime

Involuntary Intoxication

unintentionally intoxicated on alcohol or drugs as a result of force, fraud, medical prescription, reasonable mistake, allergic reaction, or the like, then his or her actions are excused to the same extent as they would be if those actions were the result of a mental disorder.

Voluntary Intoxication

a defendant who is intentionally intoxicated will be excused for his or her actions only if the intoxication has developed into a permanent mental disorder

The M'Naghten Rule

defense of insanity if he suffers from a mental disease of the mind and does not know what he is doing or does not know that what he is doing is wrong. And if he suffers from an insane delusion and if they believed to be a fact would excuse the defendant had the notion been true.

Insane Delusion

the product of a mental disorder in which the defendant has a flase belief in something that would be incredible to other and that belief remains persistent despite proof to the contrary

Irresistible Impulse Test

a defendant is entitled to the defense of insanity if, because of a mental disorder, he knows that he is doing wrong but cannot control his behavior

Substantial Capacity Test or MPC Test

a defendant is entitled to the defense of insanity if at the time of his conduct, as a result of a mental disease or defect, he lacks substantial capacity to appreciate the wrongfulness of his conduct or the capacity to conform his conduct to the requirements of the law

Durham Rule

defendant is entitled to the defense of insanity if becuase of mental disease or defect he committed an unlawful act

The Diminished Capacity Test

evidence of mental infirmity not amounting to insanity is admissible and should be considered on questions of premeditation, deliberation, and malice, although diminished capacity is not a complete defense

Defense of Self-Defense

A person who reasonably believes himself to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself

Defense of Defense of Others

A person who reasonably believes another to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect the personal safety of the other person

Step-In-Shoes Jurisdiction

In some jurisdictions a person is not allowed to use the defense of "defense of others" unless the person being defended was not the aggressor and had the right to use self-defense

Reasonable Appearances Jurisdictions

person defending another in good faith and in ignorance of the fact that the person being defended is the aggressor and not entitled to use self-defense is nevertheless justified when acting upon reasonable appearances

Defense of Defense of Property

A person may use reasonable force that is not likely to cause death or serious bodily harm to protect his or her possession of real or personal property against an apparent trespasser

Defense of Prevention of Crime

A person, whether a police officer or private person, may use reasonable force to prevent the commission of a crime which is apparently being attempted in his or her presence

Defense of Legal Authority

A person may commit an otherwise criminal act if it is done under legal process or is otherwise authorized by law

Defense of Necessity

A person may commit an otherwise criminal act if that person is acting in an emergency situation to protect himself or others from a threatened injury to person or property. The person may act on appearances. A reasonable mistake is permitted

Defense of Duress

A person may commit an otherwise criminal act if his act was the result of a reasonable fear of imminent death or serious bodily harm and if his fear was induced by a threat made by a third person

Defense of Entrapment

A person may not be convicted of a crime if a law enforcement officer solicited, induced or encouraged the person to commit the crime and if the person would not otherwise have committed it

Defense of Mistake of Fact

A mistake of fact will disprove a criminal charge if it is honestly entertained, based upon reasonable grounds and is of such a nature that the conduct would have been lawful had the facts been as they were supposed to be

Defense of Mistake of Law

Mistake of Law is not a valid defense to a crime except in those rare instances where it negates an essential element of the crime. Therefore, the old saying "ignorance of the law is no excuse" is appropriate as a general rule