Criminal Law & Criminology Key Terms for Students

Actus Reus

The physical or external component of a crime. "The guilty act." The action that constitutes the offense.

Atavism Theory

The idea that some people have more primitive nature in them than others.

Behavioral Theory

The psychological theory that argues that criminal behavior is learned through a series of rewards and punishments.

Castle Doctrine

A self-defense rule that allows individuals to use force to defend themselves in their home.

Civil Commitment

Holding a person who has not been convicted of a crime because experts believe that she is a danger to herself or to the public.

Classical Criminology

Criminological theories of the enlightenment era that sought to use reason to explain and prevent criminal behavior.

Common Law

The legal tradition in England and the United States where courts determine the meanings of laws through a series of opinions or precedents that are binding.

Conformist

A person who accepts socially prescribed goals and uses socially prescribed means to achieve them.

Conspiracy

Agreeing to commit a crime.

Crimes against Property

Crimes that cause financial or economic harm. Examples: theft and embezzlement.

Crimes against Public Order

Crimes that undermine society's stability and make it a less pleasant place to live. Examples: loitering and public drunkenness.

Crimes against the Person

Crimes where a victim is physically harmed. Examples: murder, assault, and rape.

Crimes against the State

Crimes that hurt a government. Examples: espionage and treason.

Criminology

The study of criminal behavior.

Dark Figure of Crime

Crime that does not show up in traditional crime research.

Defense

A legal argument that explains why a defendant should not be held criminally responsible.

Deterrence

Punishment used to prevent future crime by discouraging people from committing crimes.

Differential Association Theory

The criminological theory that argues that criminal behaviors and outlooks are determined by those who we spend time with.

Duress

An excuse defense where a person commits a crime because they were forced or threatened.

Emile Durkheim

A sociologist who gave a sociological definition of crime. Society believes that an act should be punished.

Enlightenment

The idea that we should use logic to understand why things happen and apply rational reasoning as to what will work.

Excuse

Says you committed a crime and you know it's wrong, but you shouldn't be punished for other reasons.

Expungement

Having your criminal record "Wiped."

Failure of Proof Defense

"I didn't do it." The prosecution cannot prove a crime was committed beyond a reasonable doubt.

Felony

Serious offenses, usually punished by over one year of incarceration.

GBMI

Guilty But Mentally Ill. Guilty, but mental illness played a role in the crime. Still be sentenced to prison, but prescribed mental health medication or therapy.

Hate Crimes

Crimes motivated by antipathy toward a group.

Hierarchy Rule

The practice of the Uniform Crime Report of only counting the most serious crime in its measures.

Inchoate Offenses

Incomplete offenses. Crimes that have yet to lead to any real harm, such as attempt, solicitation, and conspiracy.

Insanity

A legal term different from mental illness. Created by lawyers to determine if someone is responsible for their actions.

Intent

The criminal intent or state of mind required to establish criminal liability.

Irresistible Impulse Test

Unable to control your behavior.

Jaywalking

Crossing or walking in a street in violation of traffic laws.

Jeremy Bentham

A classical criminologist associated with rational egoism and deterrence.

Justification

Says that you committed a crime, but it was because it was the right thing to do. Example: self-defense.

Labeling Theory

The theory that says that criminal behavior is often a result of society labeling individuals as criminals.

Learning Theory

The belief that our behavior is learned from observing others.

Legal Definition of Crime

A violation of the law.

Life Course Criminology

Studies criminal behavior across a lifespan.

M'Naughten Rule

Because of your mental illness, you did not know what you did was wrong.

Macro Explanations

Explanations that focus on larger social factors and why particular groups or societies have crime.

Mens Rea

"The guilty mind." The psychological state that must accompany the actus reus of the offense.

Micro Explanations

Explanations that focus on the individual case and why a particular person commits the crime.

Misdemeanor

Relatively minor infractions, often punished by under one year of imprisonment.

Moral Definition of Crime

Crime is a moral issue where crime is about personal immorality.

Moral Panic

A public response to a perceived problem that is way out of proportion to the problem's reality.

NCVS

National Crime Victimization Survey. A survey of crime that involves calling a random selection of homes and asking about crimes that they have experienced.

Necessity Defense

Says you committed a crime out of necessity. Example: there's a snowstorm while you're lost in the woods and you break into an abandoned cabin.

Negligence

You weren't aware that you were doing something dangerous, but you should have been.

NGRI

Not Guilty by Reason of Insanity. Doesn't mean you are free, but instead put into Civil Commitment.

NIBRS

National Incidence Based Reporting System. Emphasizes incidents.

Normative Concepts

Concepts about what should be considered right or wrong or how people ought to behave.

Omission

A failure to act can constitute an actus reus only if the person had a specific legal duty to act.

Phrenology

The now debunked theory that a person's personality and propensity for crime can be determined by studying the shape of her skull.

Proximate Cause

Any cause that incurs legal responsibility.

Psychoanalysis

The psychological theory that people are motivated by unconscious drives or desires.

Psychological Criminology

Criminology that explains criminal behavior through psychological theories.

Rational Egoism

The theory that individuals rationally seek to promote their own interests.

Rebel

A person who rejects socially prescribed goals and means and seeks to replace them with new ones.

Recklessness

You did something reckless that resulted in a crime or someone getting hurt.

Result Crime

A crime where you have to show that the act affected the victim. Example: for murder, you have to actually show that the act killed the victim.

Retreatist

A person who rejects socially prescribed goals and means. Example: dropout.

Self-Report Study

A means of measuring crime where individuals are usually anonymously asked about the crimes they have committed.

Social Control Theory

An approach that seeks out the roots of law-abiding behavior, rather than the sources of criminal behavior.

Social Disorganization Theory

The belief that crime is often a result of a lack of certain social factors, such as stable families.

Sociobiology

The belief that much of our social behavior is determined by our biological makeup.

Sociological Criminology

Criminology that explains criminal behavior through social factors.

Sociological Definition of Crime

What defines crime isn't the act itself, but societies' response to crime. If society says it should be punished, then it's a crime.

Stand Your Ground Laws

Laws that make it easier for individuals to use force in self-defense.

Strain Theory

Criminological theory that believes that crime often results from the inability of people to realize socially prescribed goals by socially prescribed means.

Strict Liability

Crimes that do not require a mens rea.

Transitional Neighborhood

Neighborhoods with a large number of immigrants.

Treason

Helping an enemy power bring down the US.

Uniform Crime Report

A federally run measure of crime based largely on police reports.

Victimization Surveys

A means of measuring crime by asking people whether they have been the victim of a crime.

Victimless Crimes

Crimes where there is no single identifiable victim. Examples: selling drugs, gambling, and prostitution.

White Collar Crime

Crime that occurs in a professional context. Example: stealing from your employer.