Criminal

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actus reus

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the wrongful act that makes up the physical action of a crime

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mens rea

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a criminal intention or knowledge that an act is wrong

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malum in se

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an offense that is evil or wrong from its own nature irrespective of statute

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malum prohibitum

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an offense prohibited by statute but not inherently evil or wrong malum prohibitum and, therefore, does not demand mens rea

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felony

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a crime for which the punishment may be death or imprisonment for more than a year

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misdemeanor

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a crime punishable by a fine and by a term of imprisonment not to be served in a penitentiary and not to exceed one year

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corpus delicti

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the body of facts that constitute an offence

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intended results doctrine

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Holds that if a person causes events to come about which obtain his or her desired result, then that person's actions are still the proximate cause of the result even if an intervening act was independent and unforeseeable. This doctrine therefore states an exception to the otherwise applied rule of proximate cause

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doctrine of contributory causes

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Holds that when more than one cause brings about the result, then both are equally responsible

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homicide

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the killing of one human being by another

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murder

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the killing of a human being with malice aforethought

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first degree murder

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murder that is willful, deliberate, or premeditated, or that is commited during the course of another dangerous felony. poisoning or lying in wait

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second degree murder

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all types of murder not involving willful, deliberate and premeditation

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manslaughter

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the unlawful killing of a human being without malice aforethought

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voluntary manslaughter

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manslaughter resulting from an intentional act done without malice or premeditation and while in the heat of passion or on sudden provocation

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involuntary manslaughter

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homicide in which there is no intent to kill or do grievous bodily harm; but that is commited with criminal negligence or during the commision of a crime not within the felony-murder rule

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malice aforethought

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a predetermination to commit an unlawful act without just cause or provocation

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willful

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deliberate, voluntary, or intentional

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deliberation

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thoughtful, careful, consideration of issues before making a decision or action

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premeditation

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conscious consideration and planning that precedes some act

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but-for-cause

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the cause without which the event could not have occurred; actual cause or cause-in-fact

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proximate cause

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a cause that sets in motion a sequence of events uninterrupted by any superseding causes and that results in a usually foreseeable effect (as an injury) which would not otherwise have occurred

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assault

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an attempt to commit battery, requiring the specific intent to cause physical harm

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battery

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the use of force against another, resulting in a harmful or offensive manner

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false imprisonment

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the restraint of a person's liberty without lawful authority

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kidnapping

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to steal, carry off, or abduct by force or fraud

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rape

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unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will

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statutory rape

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sexual intercourse with a girl under the age of consent as defined by law

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sodomy

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oral or anal sexual contact or penetration between persons

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mayhem

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the crime of willfully inflicting a bodily injury on another so as to make the victim less capable of self-defense or, under modern statutes, so as to cripple or mutilate the victim

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burglary

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the felony of breaking into and entering the house of another at night with intent to steal

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statutory burglary

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The trespassory entry into any structure of another with the intent to commit a felony or any theft crime therein. Statutory burglary is less restrictive than common law burglary and omits the elements of dwelling house, night and breaking.

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arson

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the malicious burning of another's house or property, or in some statutes, the burning of one's own house or property, as to collect insurance

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statutory arson

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statues were inacted in almost every state to greatly expand the crime of arson to include the criminal burning of almost any property

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larceny

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the wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the taker's own use

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larceny by trick or deceit

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the taking of property with the owner's consent when that consent was obtained by Fraud or deceit

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obtaining property by false pretenses

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is when a person obtains property by intentionally misrepresenting a past or existing fact.

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embezzlement

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to convert (property entrusted to one's care) fraudulently to one's own use

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robbery

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the felonious taking of the property of another from his or her person or in his or her immediate presence, against his or her will, by violence or intimidation

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elements of false pretense

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The elements of false pretenses are: (1) a false representation (2) of a material past or existing fact (3) which the person making the representation knows is false (4) made for the purpose of causing (5) and which does cause (6) the victim to pass title (7) to his property

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receiving stolen property

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The offense of acquiring goods with the knowledge that they have been stolen, extorted, embezzled, or unlawfully taken in any manner

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forgery

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the act of falsely making, altering, or imitating (as a document or signature) with intent to defraud

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extortion

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the crime of obtaining money or some other thing of value by the abuse of one's office or authority

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blackmail

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extortion or coercion by often written threats esp. of public exposure, physical harm, or criminal prosecution

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misprision of felony

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(1) another person actually committed a felony; (2) the defendant knew that the felony was committed; (3) the defendant did not notify any law enforcement or judicial officer; and (4) the defendant took affirmative steps to conceal the felony

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compounding the crime

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the offense committed by a victim of a crime when he or she fails to report or prosecute the offender or agrees to hamper prosecution in exchange for a bribe, act of atonement, or making of amends by the criminal

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perjury

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knowingly making a false statement (as about a material matter) while under oath or bound by an affirmation or other officially prescribed declaration that what one says, writes, or claims is true

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subordination of purgery

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inducing someone to make a false oath as part of a judicial proceeding

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embracery

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an attempt to influence a judge or jury corruptly

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uttering

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knowingly tendering or showing a forged instrument or counterfeit coin to another with intent to defraud

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bribery

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the crime of giving or taking a bribe

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breach of peace

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a violation of the public peace, as by a riot, disturbance, etc.

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affray

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the fighting of two or more persons in a public place

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unlawful assembly

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a meeting of three or more people with the intent of carrying out any unlawful purpose

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rout

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a disturbance of the public peace by three or more persons acting together in a manner that suggests an intention to riot although they do not actually carry out the intention

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riot

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a disturbance of the public peace by three or more persons acting together in a disrupting and tumultuous manner in carrying out their private purposes

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solicitation

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the crime of asking another to commit or to aid in a crime

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attempt

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the crime of having the intent to commit and taking action in an effort to commit a crime

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conspiracy

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an agreement by two or more persons to commit a crime, fraud, or other wrongful act

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accessory

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a person who is not actually or constructively present but with criminal intent contributes as an assistant or instigator to the commission of a felony or a person who knowing that a felony has been committed aids, assists, or shelters the offender with the intent to defeat justice

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principal in the first degree

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a principal under common law who intentionally commits and is actually or constructively present at the commission of a crime

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principal in the second degree

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a principal under common law who aids, encourages, or commands another to commit a crime and is actually or constructively present when it is committed

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constructive presence

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the commission of crimes is when a party is not actually present, but an eye-witness to its commission and watches while another commits the crime

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accessory after the fact

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a person who knowingly conceals or assists another who has committed a felony

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M'Naghten rule or Right v. Wrong

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a criminal defendant is not guilty by reason of insanity if, at the time of the alleged criminal act, the defendant was so deranged that she did not know the nature or quality of her actions or, if she knew the nature and quality of her actions, she was so deranged that she did not know that what she was doing was wrong.

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test of insanity

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a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law

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insane delusion

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a false belief in a nonexistent state of facts in which no rational person would believe that deprives a person of the capacity to make a will and renders any will made invalid

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irresistible impulse test

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an insanity defense that involves a determination of whether an impulse to commit a criminal act was irresistible due to mental disease or defect regardless of whether the defendant knew right from wrong

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substantial capacity test or model

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holds that a defendant is entitled to the defense of insanity if at the time of such 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

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penal code test-MPC

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holds that a defendant is entitled to the defense of insanity if at the time of such 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

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Durham or product rule

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Durham v. U.S. (214 F.2d 862), and states that "... holds that a defendant is entitled to the defense of insanity if because of a mental disease or defect, an unlawful act was committed

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diminished capacity or Wells-Gorshen rule

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is not a complete defense but does hold that evidence of mental infirmity not amounting to insanity is admissible and should be considered on questions of premeditation, deliberation and malice

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self defense

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The protection of one's person or property against some injury attempted by another; a person may use reasonable force when it appears reasonably necessary to prevent an impending injury

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defense of others

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Defendant can use deadly force to defend another person as long as its reasonable and necessary.

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defense of property

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an affirmative defense for civil and criminal cases. Generally, the defendant accepts the elements of the crime but argues that their actions were justified or excused based on this defense. Deadly force is not allowed

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prevention of a crime

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a person can use reasonable force in prevention of a crime, and such force can be deadly force if reasonably necessary to prevent a dangerous felony such as a burglary, arson, rape, robbery, or mayhem

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privilege of public authority

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purports that a person who has public authority to commit an act is not criminally liable

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mistake of fact

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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

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mistake of law

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Not a defense! reasonable or unreasonable. Very rare where negates an essential element of the crime

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entrapment

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a law enforcement officer (or an agent of an officer) solicits, induces or encourages another to commit a crime which the other would not otherwise have committed

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unconsciousness

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holds that one who is unconscious, for instance, someone walking in their sleep, does not have the capacity to commit a crime

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infancy

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holds that a child under the age of 7 does not have the capacity to commit a crime and that there is a rebuttable presumption that a child between the ages of 7 and 14 is incapable of committing any crime but that a child over the age of 14 has the same capacity to commit a crime as an adult

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involuntary intoxication

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will excuse one's actions to the same extent as would a mental disorder if the involuntary intoxication of alcohol or drugs occurred as a result of force, fraud, medical prescription, reasonable mistake or the like

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voluntary intoxication

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will not constitute a complete defense unless the intoxication has developed into a permanent mental disorder. It may, however, mitigate the degree or severity of the crime or charge