Criminal Law

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Actus Reus

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The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability; a forbidden act

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Aforethought

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Thought of in advance; deliberate; premeditated

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Aggravated

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1. Of a crime made worse or more serious by circumstances such as violence, the presence of a deadly weapon, or the intent to commit another crime

2. Of a tort made worse or serious by circumstances such as intention to cause harm or reckless disregard for another’s safety

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Arson

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1. At common law, the malicious burning of someone else’s dwelling house or outhouse that is either appurtenant to the dwelling house or within the curtilage

2. Under modern statutes, the intentional and wrongful burning of someone else’s property (as to destroy) or one’s property (as to fraudulently collect insurance)

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Assault

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1. The threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact

2. An attempt to commit battery, requiring the specific intent to cause physical injury

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Attempt

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1. The act or instance of making an effort to accomplish something, esp. without success

2. An overt act that is done with the intent to commit a crime but that falls short of completely the crime

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Battery

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The use of force against another, resulting in harmful or offensive contact

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Culpable

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1. Guilty; blameworthy

2. Involving breach of a duty

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Embezzlement

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The fraudulent taking of personal property with which one has been entrusted, esp. as a fiduciary

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Enhancement

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The act of augmenting; the state of being enhanced

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Extenuating Circumstances

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1. A fact or situation that does not justify or excuse a wrongful act or offense but that reduces the degree of culpability and thus may reduce the damages or the punishment

2. A fact or situation that does not bear on the question of a defendant’s guilt but that is considered by the court in imposing punishment and esp. in lessening the severity of a sentence

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Felony

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A serious crime usu. punishable by imprisonment for more than one year or by death

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Knowing

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1. Having or showing awareness or understanding; well-informed

2. Deliberate; conscious

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Larceny

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The unlawful taking and carrying away of someone else’s personal property with the intent to deprive the possessor of it permanently

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Malice

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1. The intent ,without justification or excuse, to commit a wrongful act

2. Reckless disregard of the law or of a person’s legal rights

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Manslaughter

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The unlawful killing of a human being without malice aforethought

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Mens Rea

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The state of mind that the prosecution, to secure a conviction, must prove that a defendant had when committing a crime; criminal intent or recklessness

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Misdemeanor

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A crime that is less serious than a felony and is usu. punishable by fine, penalty, forfeiture, or confinement

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Murder

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The killing of a human being with malice aforethought

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Premeditation

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Done with willful deliberation and planning; consciously considered beforehand