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176 Cards in this Set
- Front
- Back
sodomy |
oral or anal copulation between people of the same or different gender or between a human being and an animal |
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assault |
Attempted or threatened battery. A willful attempt or willful threat to inflict injury on another person. |
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battery |
( 1) Unlawful physical violence inflicted on another without his or her consent.
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mayhem |
The intentional infliction of injury on another that causes the removal of, seriously disfigures, or impairs the function of a member or organ of the body.
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present ability |
As used in assault statutes, a term meaning that the person attempting assault is physically capable of immediately carrying it out. |
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bodily injury |
Physical harm to a human being. In cases of assault and battery, the term refers to the unlawful application of physical force on the person of the victim— even when no actual physical harm results. |
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aggravated assault |
An assault that is committed with the intention of committing an additional crime, such as assault with intent to commit a felony; assault with intent to murder; assault with intent to commit rape, sodomy, mayhem, robbery, or grand larceny; and assault with intent to commit any other felony. |
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stalking |
The intentional frightening of another through following, harassing, annoying, tormenting, or terrorizing activities. |
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constructive touching |
A touching that is inferred or implied from prevailing circumstances. Also, a touching for purposes of the law. |
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sexual battery |
The unlawful touching of an intimate part of another person against that person’s will and for the purpose of sexual arousal, gratification, or abuse.
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effective consent/ legal consent |
consent that has been obtained in a legal manner. |
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aggravated battery |
A battery that is committed with the use of a deadly weapon, that is committed with the intention of committing another crime, or that results in serious injury.
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criminal sexual conduct |
A gender- neutral term applied today to a wide variety of sex offenses, including rape, sodomy, criminal sexual conduct with children, and deviate sexual behavior.
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rape |
Under common law, unlawful sexual intercourse with a female without her consent. Today, rape statutes in a number of jurisdictions encompass unlawful sexual intercourse between members of the same gender.
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deviate sexual intercourse |
Any contact between any part of the genitals of one person and the mouth or anus of another.
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spousal rape |
the rape of one's spouse |
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forcible rape |
Rape that is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the victim.
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statutory rape |
sexual intercourse, whether consensual or not, with a person under the age of consent, as specified by statute. |
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rape shield law |
a statute intended to protect victims of rape by limiting a defendants in court use of a victim's sexual history |
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probative value |
the worth of any evidence to prove or disprove the facts at issue |
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sexual assault |
A statutory crime that combines all sexual offenses into one offense ( often with various degrees). It is broader than the common law crime of rape.
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fellatio |
oral stimulation of the penis |
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sexual contact |
Any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
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kidnapping |
The unlawful removal of a person from the place where he or she is found, against that person’s will, and through the use of force, fraud, threats, or some other form of intimidation.
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fake imprisonment |
The unlawful restraint of another person’s liberty. Also, the unlawful detention of a person without his or her consent. Also called false arrest.
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theft |
a general term embracing a wide variety of misconduct by which a person is unlawfully deprived of his or her property |
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acquisitive offense |
A crime that involves the unlawful acquiring or appropriation of someone else’s property. Larceny, extortion, embezzlement, false pretenses, robbery, and the receiving of stolen property are all acquisitive offenses. Also called wrongful acquisition crime and crime of misappropriation.
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larceny |
The trespassory or wrongful taking and carrying away ( asportation) of the personal property of another with intent to steal. |
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tangible property |
property that has physical form and can be touched, such as land, goods, jewelry, and furniture. also movable property that can be taken and carried away |
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personal property |
anything of value that is subject to ownership and that is not land or fixture |
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fixture |
an item that is permanently affixed to the land |
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intangible property |
Property that has no intrinsic value but that represents something of value. Intangible personal property may include documents, deeds, records of ownership, promissory notes, stock certificates, computer software, and intellectual property.
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real property |
land and fixtures |
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trespassory taking |
for crimes of theft, a taking without the consent of the victim |
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asportation |
the trespassory taking and carrying away (as of personal property in the crime of larceny or of the victim in kidnapping) |
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claim of right |
A defense against a charge of larceny that consists of an honest belief in ownership or right to possession.
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embezzlement |
The misappropriation of property already in the possession of the defendant. Also, the unlawful conversion of the personal property of another by a person to whom it has been entrusted by ( or for) its rightful owner.
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conversion |
The unauthorized assumption of the right of ownership. Conversion is a central feature of the crime of embezzlement, as in the unlawful conversion of the personal property of another, by a person to whom it has been entrusted.
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false pretenses |
Knowingly and unlawfully obtaining title to, and possession of, the lawful property of another by means of deception and with intent to de-fraud. Also called obtaining property by false pretenses.
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forgery |
the making of a false written instrument or the material alteration of an existing genuine written instrument |
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uttering |
The offering, passing, or attempted passing of a forged instrument with knowledge that the document is false and with intent to defraud.
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criminal simulation |
the making of a false document or object that does not have any apparent legal significance |
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receiving stolen property |
( 1) Knowingly taking possession of or control over property that has been unlawfully stolen from another.
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robbery |
The unlawful taking of property that is in the immediate possession of another by force or by threat of force. Also, larceny from a person by violence or intimidation or by placing the person in fear.
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extortion |
the taking of personal property by threat of future harm |
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blackmail |
a form of extortion in which a threat is made to disclose a crime or other social disgrace |
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compounding a crime |
The receipt of property or other valuable consideration in exchange for agreeing to conceal or not prosecute one who has committed a crime. i Also called compounding a felony.
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identity theft |
The unauthorized use of another individual’s personal identity to fraudulently obtain money, goods, or services; to avoid the payment of debt; or to avoid criminal prosecution.
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burglary |
The breaking and entering of a building, locked automobile, boat, and so on, with the intent to commit a felony or theft. Also, the entering of a structure for the purposes of committing a felony or theft.
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constructive entry |
In the crime of burglary, an entry that occurs when the defendant causes another person to enter a structure to commit a crime or for a felonious purpose.
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criminal trespass |
The entering or remaining on the property or in the building of another when entry was forbidden.
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criminal mischief |
The intentional or knowing damage or destruction of the tangible property of another.
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looting |
Burglary committed within an affected geographic area during an officially declared state of emergency or during a local emergency resulting from an earthquake, fire, flood, riot, or other disaster.
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arson |
The knowing and malicious burning of the personal property of another or the burning of one’s own property if the purpose is to collect insurance money.
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intellectual property |
A form of creative endeavor that can be protected through patent, copyright, trademark, or other legal means. Intellectual property includes proprietary knowledge, trade secrets, confidentiality agreements, know- how, ideas, inventions, creations, technologies, processes, works of art and literature, and scientific discoveries or improvements.
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computer crime |
A crime that employs computer technology as central to its commission and that could not take place without such technology. Also called cybercrime.
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computer fraud |
A statutory provision, found in many states, that makes it unlawful for any person to use a computer or computer network without authority and with the intent to ( 1) obtain property or services by false pretenses, ( 2) embezzle or commit larceny, or ( 3) convert the property of another.
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computer trespass |
The offense of using a computer or computer network without authority and with the intent to ( 1) remove computer data, computer programs, or computer software from a computer or computer network; ( 2) cause a computer to malfunction; ( 3) alter or erase any computer data, computer programs, or computer software; ( 4) effect the creation or alteration of a financial instrument or of an electronic transfer of funds; ( 5) cause physical injury to the property of another; or ( 6) make or cause to be made an unauthorized copy of data stored on a computer or of computer programs or com-puter software.
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theft of computer services |
the willful use of a computer or computer network with the intent to obtain computer services without authority |
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personal trespass by computer |
the use of a computer or computer network without authority and with the intent to cause physical injury to an individual |
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computer tampering |
Illegally inserting or attempting to insert a “ program” into a computer, while knowing or believing that the “ program” contains information or commands that will or may damage or destroy that computer ( or its data), or any other computer ( or its data) accessing or being accessed by that computer, or that will or may cause loss to the users of that computer or the users of a computer that accesses or that is accessed by such “ program.” ii
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breach of peace |
Any unlawful activity that unreasonably disturbs the peace and tranquility of the community. Also, “ an act calculated to disturb the public peace.”
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fighting words |
Words that, by their very utterance, inflict injury or tend to incite an immediate breach of peace. Fighting words are not protected by the free speech clause of the First Amendment to the U. S. Constitution.
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disorderly conduct |
specific, purposeful and unlawful behavior that tends to cause public inconvenience, annoyance, or alarm |
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affray |
a fight between two or more people in a public place to the terror of others |
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prize fighting |
unlawful public fighting undertaken for the purpose of winning an award or a prize |
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driving while intoxicated (DWI) |
unlawfully operating a motor vehicle while under the influence of alcohol |
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driving under the influence (DUI) |
unlawfully operating a motor vehicle while under the influence of alcohol or drugs (or both) |
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public drunkenness |
the offense of being in a state of intoxication in a place accessible to the public |
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unlawful assembly |
a gathering of three or more people for the purpose of doing an unlawful act or for the purpose of doing a lawful act in a violent, boisterous, or tumultuous manner |
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rout |
the preparatory stage of a riot |
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riot |
A tumultuous disturbance of the peace by three or more people assembled of their own authority. |
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inciting a riot |
the use of words or other means to intentionally provoke a riot |
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lynching |
the taking, by means of riot, of any person from the lawful custody of a peace officer |
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rescuing a prisoner |
A crime that is committed when one or more people rescue or attempt to rescue any person being held in lawful custody.
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disturbance of public assembly |
A crime that occurs when one or more people act unlawfully at a public gathering collected for a lawful purpose in such a way as to purposefully disturb the gathering.
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vagrancy |
Under common law, the act of going about from place to place by a person without visible means of support, who was idle, and who, though able to work for his or her maintenance, refused to do so and lived without labor or on the charity of others.
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vagrant |
a wanderer; an idle person who being able to maintain him or herself by lawful labor, either refuses to work or resorts to unlawful practices such as begging, to gain a living. |
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status |
a person's state of being |
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loitering |
the act of delaying, lingering or idling about without a lawful reason for being present |
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concealed weapon |
a weapon that is carried on or near one's person and its not discernible by ordinary observation |
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rebellion |
deliberate, organized resistance by force and arms, to the laws or operations of the government, committed by a subject of that government. |
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espionage |
the unlawful act of spying for a foreign government |
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sedition |
a crime that consists of a communication or agreement intended to defame the government or to incite treason |
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perjury |
The willful giving of false testimony under oath in a judicial proceeding. Also, false testimony given under any lawfully administered oath.
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subornation of perjury |
The unlawful procuring of another person to commit perjury. |
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criminal contempt |
Deliberate conduct calculated to obstruct or embarrass a court of law. Also, conduct intended to degrade the role of a judicial officer in administering justice.
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obstruction of justice |
An unlawful attempt to interfere with the administration of the courts, the judicial system, or law enforcement officers or with the activities of those who seek justice in a court or whose duties involve the administration of justice.
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resisting arrest |
the crime of obstructing or opposing a peace officer who is making an arrest |
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escape |
The unlawful leaving of official custody or confinement without permission. Also, the failure to return to custody or confinement following an official temporary leave.
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misconduct in office |
Acts that a public officeholder ( 1) has no right to perform, ( 2) performs improperly, or ( 3) fails to perform in the face of an affirmative duty to act.
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bribery |
The offense of giving or receiving a gift or reward intended to influence a person in the exercise of a judicial or public duty.
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victimless crime |
An offense committed against the social values and interests represented in and protected by the criminal law and in which parties to the offense willingly participate.
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prostitution |
“ The offering or receiving of the body for sexual intercourse for hire.”
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soliciting prostitution |
The act of asking, enticing, or requesting another to commit the crime of prostitution.
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promoting prostitution |
The statutory offense of ( 1) owning, controlling, managing, supervising, or otherwise keeping a house of prostitution; ( 2) procuring a person for a house of prostitution; ( 3) encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute; ( 4) soliciting a person to patronize a prostitute; ( 5) procuring a prostitute for another; or ( 6) transporting a person with the purpose of promoting that person’s involvement in prostitution.
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keeping a place of prostitution |
knowingly granting or permitting the use of a place for the purpose of prostitution |
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pimping |
Aiding, abetting, counseling, or commanding another in the commission of prostitution. Also, the act of procuring a prostitute for another. |
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pandering |
soliciting a person to perform an act of prostitution |
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pornography |
The “ depiction of sexual behavior in such a way as to excite the viewer sexually.”
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obscenity |
That which appeals to the prurient interest and lacks serious literary, artistic, political, or scientific value.
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prurient interest |
A morbid interest in sex; an “obsession with lascivious and immoral matters.”
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child pornography |
the depiction of sexual behavior involving children |
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lewdness |
obscene behavior |
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lascivious |
that which is obscene or lewd or tends to cause lust |
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indecent exposure/ public indecency |
The willful exposure of the private parts of one person to the sight of another person in a public place with the intent to arouse or gratify sexual desires.
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fornication |
voluntary sexual intercourse between two people, one of whom is unmarried |
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adultery |
sexual intercourse between a male and a female, at least one of whom is married to someone else |
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crime against nature |
A general term that can include homosexual or heterosexual acts of anal intercourse, oral inter-course, and bestiality and that may even apply to heterosexual intercourse in positions other than the conventional “ missionary” position.
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bestiality |
sexual relations with animals |
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buggery |
anal intercourse |
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bigamy |
the crime of marrying one person while still legally married to another person |
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polygamy |
the state of having more than one wife or husband at the same time |
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incest |
unlawful sexual intercourse with a relative through blood or marriage |
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gambling |
the wagering of money, or of some other thing of value, on the outcome or occurrence of an event. also called gaming |
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drug |
any of a wide variety of substances having a physical or psychotropic effect on the human body |
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controlled substance |
A specifically defined bioactive or psychoactive chemical substance that comes under the purview of the criminal law.
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designer drug |
A chemical substance that ( 1) has a potential for abuse similar to or greater than that of controlled substances, ( 2) is designed to produce a desired pharmacological effect, and ( 3) is produced to evade the controlling statutory provisions.
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precursor chemical |
a chemical that may be use in the manufacture of a controlled substance |
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forfeiture |
An enforcement strategy supported by federal statutes and some state laws that authorizes judges to seize “ all monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance . . . [ and] all proceeds traceable to such an exchange.”
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RICO statute |
A section of the federal Organized Crime Control Act known as the Racketeer Influenced and Corrupt Organizations provision.
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terrorism |
The commission of a traditional crime, such as murder, with the intention of coercing a population or influencing a government through fear or intimidation.
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treason |
The crime of levying war against, or supporting the enemy of, one’s nation. It is the only crime specifically mentioned in the U. S. Constitution.
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foreign intelligence surveillance act of 1978 (FISA) |
The Foreign Intelligence Surveillance Act of 1978 is the primary federal statute governing the col-lection of foreign intelligence by federal law enforcement agencies. Significant amendments to FISA were passed in 2001 through the USA PATRIOT Act and again in 2008.
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habeas corpus |
Literally, “ you have the body”; a writ challenging the legality of incarceration, or a writ ordering a prisoner to be brought before a court to determine the legality of the prisoner’s detention.
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USA Patriot Act |
A federal statute enacted immediately following, and in response to, the terrorist attacks on the United States on September 11, 2001. The statute increased federal law enforcement authority to prevent, detect, and prosecute terrorists.
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human smuggling |
Illegal immigration in which an agent is paid to help a person cross a national border clandes-tinely.
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trafficking in persons (TIP) |
The exploitation of unwilling or unwitting people through force, coercion, threat, or deception.
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sex trafficking |
The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
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national crime victimization survey (NCVS) |
A survey, conducted annually by the Bureau of Justice Statistics, that provides data on households that report having been affected by crime.
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victim |
“Any individual against whom an offense has been committed,” or for certain procedural purposes, “ a parent or legal guardian if the victim is below the age of eighteen years or incompetent” or “ one or more family members or relatives designated by the court if the victim is deceased or incapacitated.”
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golden age of the victim |
A historical epoch during which victims had well- recognized rights, including a personal say in imposing punishments on apprehended offenders.
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postcrime victimization |
Problems for the victim that follow from an initial victimization, such as loss of employment, inability to pay medical bills, and insensitivity of family members. Also called secondary victimization.
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victim-assistance program |
a service organization that works to provide comfort and assistance to victims of crime and to witnesses |
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victims' rights |
the fundamental right of victims to be equitably represented throughout the criminal justice process |
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right of allocution |
A statutory provision permitting crime victims to speak at the sentencing of convicted offenders. A federal right of allocution was established for victims of federal violent and sex crimes under the Violent Crime Control and Law Enforcement Act of 1994.
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son of sam law |
A statute that provides support for the rights of victims by denying convicted offenders the opportunity to further capitalize on their crimes. Son of Sam laws set the stage for civil action against infamous offenders who might otherwise profit from the sale of their story. Also called notoriety- for-profit law.
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victim impact statement |
The in- court use of victim- or survivor- supplied information by sentencing authorities who want to make an informed sentencing decision. Also, a written document that describes the losses, suffering, and trauma experienced by the crime victim or by the victim’s survivors.
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uniform crime reporting (UCR) program |
A data- collection program run by the Federal Bureau of Investigation that tallies crime statistics annually. Reports under the program consist primarily of data on crimes reported to the police and of arrests.
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restitution |
A court requirement that a convicted offender pay money or provide services to the victim of the crime or provide services to the community.
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sentencing |
The process through which a sentencing authority imposes a lawful punishment or other sanction on a person convicted of violating the criminal law.
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just deserts |
A model of criminal sentencing that holds that criminal offenders deserve the punishment they receive at the hands of the state and that suggests that punishments should be appropriate to the type and severity of crime committed.
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retribution |
The act of taking revenge on a criminal perpetrator. The most punishment- oriented of all sen-tencing goals, retribution claims that we are justified in punishing offenders because they deserve it.
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deterrence |
A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which an offender is being sentenced.
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specific deterrence |
A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality.
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general deterrence |
A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced.
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rehabilitation |
The attempt to reform a criminal offender. Also, the state in which a reformed offender is said to be.
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restoration |
A sentencing goal that seeks to make victims and the community “ whole again.”
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restorative justice |
A sentencing model that builds on restitution and community participation in an attempt to make the victim “ whole again.”
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incapacitation |
The use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses.
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habitual offender |
A person sentenced under the provisions of a statute declaring that those who are convicted of a given offense and are shown to have previously been convicted of another specified offense( s) shall receive a more severe penalty than that for the current offense alone.
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career offender |
Under federal sentencing guidelines, a person who ( 1) is at least 18 years old at the time of the most recent offense, ( 2) is convicted of a felony that is either a crime of violence or a controlled substance offense, and ( 3) has at least two prior felony convictions of either a crime of violence or a controlled substance offense.
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three-strikes legislation |
Statutory provisions that mandate lengthy prison terms for criminal offenders convicted of a third violent crime or felony.
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selective incapacitation |
A sentencing strategy that imprisons or otherwise removes from society a select group of offenders, especially those considered to be most dangerous.
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indeterminate sentence |
A relatively unspecific term of incarceration stated as a minimum and maximum time to be served ( such as a term of imprisonment of “ from one to ten years”).
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consecutive sentence |
One of two or more sentences imposed at the same time, after conviction for more than one offense, and served in sequence with the other sentences.
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concurrent sentence |
One of two or more sentences imposed at the same time, after conviction for more than one offense, and to be served simultaneously.
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determinate sentence |
A fixed term of incarceration specified by law. Also called presumptive or fixed sentence.
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proportionality |
A sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed.
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equity |
A sentencing principle, based on concerns with social equality, that holds that similar crimes should be punished with the same degree of severity, regardless of the social or personal characteristics of the offenders.
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social debt |
A sentencing principle that objectively counts an offender’s criminal history in sentencing decisions.
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aggravating factor |
an element of an offense or of an offender’s background that could result in a harsher sentence under the determinate sentencing model than would otherwise be called for by sentencing guidelines.
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mitigating factor |
A circumstance surrounding the commission of a crime that does not in law justify or excuse the act but that in fairness may be considered as reducing the blame-worthiness of the offender.
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truth in sentencing |
“ A close correspondence between the sentence imposed upon those sent to prison and the time actually served prior to prison release.”
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plea bargaining |
The process of negotiating an agreement among the defendant, the prosecutor, and the court as to what an appropriate plea and associated sentence should be in a given case.
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probation |
A sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to an adjudicated or adjudged adult or juvenile offender, as long as the person meets certain condtions of behavior.
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hate crime |
A criminal offense in which the defendant’s conduct was motivated by hatred, bias, or prejudice, based on the actual or perceived race, color, religion, national origin, ethnicity, gender, or sexual orientation of another individual or group of individuals. Also called bias crime.
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capital punishment |
the imposition of a sentence of death |
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intermediate sanctions |
The use of split sentencing, shock probation and parole, home confinement, shock incarceration, and community service in lieu of other, more traditional sanctions, such as imprisonment and fines. Intermediate sanctions are becoming increasingly popular as prisons become more crowded. Also called alternative sanctions.
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split sentence |
A sentence explicitly requiring the convicted person to serve a period of confinement in a local, state, or federal facility, followed by a period of probation.
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shock probation |
The practice of sentencing offenders to prison, allowing them to apply for probationary release, and granting release in surprise fashion. Offenders who receive shock probation may not be aware that they will be released on probation and may expect to spend a much longer time behind bars.
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shock incarceration |
A sentencing option that makes use of “ boot camp”– type prisons in order to impress on convicted offenders the realities of prison life.
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mixed sentence |
A sentence that requires a convicted offender to serve weekends ( or other specified periods of time) in a confinement facility ( usually a jail), while undergoing probation supervision in the community.
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community service |
a sentencing alternative that requires offenders to spend at least part of their time working for a community agency |
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intensive supervision |
A form of probation supervision involving frequent face- to- face contacts between the probationary client and probation officers.
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home confinement |
A form of punishment in which individuals are confined to their homes and may be monitored electronically to be sure they do not leave during the hours of confinement. Absence from the home during working hours is often permitted. Also called house arrest.
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