Term
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Definition
| parties whose conduct involves direct participation in a crime |
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Term
| accessories before the fact |
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Definition
| persons who aid or assist others in the commission of an offense |
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Term
| accessories after the fact |
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Definition
| persons who, with knowledge that a crime has been committed, conceal or protect the offender |
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Term
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Definition
| the failure to perform an act required by law |
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Term
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Definition
| a ministerial act performed by executive officers in carrying out a duty assigned by law |
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Term
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Definition
| the actual or constructive control or occupancy of real or personal property |
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Term
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Definition
| possession of something with the possessor having immediate control |
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Term
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Definition
| being in the position to effectively control something, even if it is not actually in one's possession |
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Term
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Definition
| one's condition or situation |
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Term
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Definition
| a person's conscious reason for acting; what someone seeks to accomplish by engaging in particular conduct |
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Term
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Definition
| the state of mind to do something prohibited by law without necessarily intending to accomplish the harm that results from the illegal act |
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Term
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Definition
| statutes defining crimes that require only general intent, as distinct from specific intent, on the part of the violator |
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Term
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Definition
| the mental purpose to accomplish a particular thing prohibited by law, such as the death of another person |
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Term
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Definition
| a statute defining criminal conduct in which the offender must harbor a specific intent to accomplish a prohibited result |
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Term
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Definition
| criminal intent inferred by law as a result of circumstances surrounding a party's action |
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Term
| doctrine of transferred intent |
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Definition
| doctrine originating in common law under which an actor's criminal intent associated with an act against an intended victim is transferred to an unintended victim who suffers the consequences of the defendant's act |
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Term
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Definition
| the linkage between cause and effect. X can be said to cause Y if X precedes Y and Y could not have occurred in the absence of X |
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Term
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Definition
| the cause that is nearest to a given effect in a causal relationship |
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Term
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Definition
| persons who voluntarily unite with others in the commission of an offense |
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Term
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Definition
| assisting in or otherwise facilitating the commission of a crime |
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Term
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Definition
| an offense preparatory to committing a crime. Inchoate offenses include attempt, conspiracy, and solicitation |
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Term
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Definition
| an intent to commit a crime coupled with an act taken toward committing the pffense |
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Term
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Definition
| a visible act by an individual |
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Term
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Definition
| a significant movement toward completion of an intended result |
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Term
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Definition
| actions taken in preparation to commit a crime |
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Term
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Definition
| a crime that is the object of an attempt, solicitation, or conspiracy |
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Term
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Definition
| a defense allowed in some jurisdictions when, although the defendant intended to commit a crime, it was impossible to do so because the completed act is not a crime |
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Term
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Definition
| that which is in fact impossible to achieve. Unlike legal impossibility, this is not a defense to a charge of attempt |
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Term
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Definition
| the inchoate offense of 2 or more persons agreeing or planning to commit a target crime |
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Term
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Definition
| rule enunciated by the supreme court in pinkerton v. US (1946) holding that a member of a conspiracy is liable for all offenses committed in furtherance of the conspiracy |
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Term
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Definition
| this rule holds that 2 people cannot conspire to commit a crime such as adultery, incest, or bigamy inas-much as these offenses necessarily require 2 participants; they cannot be committed by one person acting alone |
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Term
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Definition
| the killing of a human being |
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Term
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Definition
| at common law, the unlawful killing of one person by another with malice aforethought (premeditation) |
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Term
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Definition
| the crime of unlawfully killing another person without malice |
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Term
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Definition
| the mental predetermination to commit and illegal act |
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Term
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Definition
| a violent and uncontrollable rage resulting from a provocation that would cause such a response by a reasonable person |
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Term
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Definition
| the intentional taking of a person's own life |
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Term
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Definition
| deliberate decision of plan to commit a crime |
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Term
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Definition
| the intentional killing of a human without malice or premeditation usually occurring during a sudden quarrel or in the heat of passion |
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Term
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Definition
| the unintentional killing of another person as the result of gross or wanton negligence |
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Term
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Definition
| killing another in self defense or defense of others when there is serious danger of death or great bodily harm to self or others or when authorized by law |
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Term
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Definition
| a death caused by accident or misfortune |
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Term
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Definition
| the commission of suicide with the aid of a physician |
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Term
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Definition
| controversial "right" to terminate one's own life under certain circumstances |
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Term
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Definition
| conduct that prompts another person to react through criminal conduct |
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Term
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Definition
| the highest degree of unlawful homicide, usually defined as "an unlawful act committed with the premeditation intent to take the life of a human being" |
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Term
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Definition
| a homicide committed during the course of committing another felony other than murder |
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Term
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Definition
| a killing perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual |
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Term
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Definition
| a serious moral deficiency, a high level of malice often linked to second degree murder |
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Term
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Definition
| a homicide resulting from the unlawful and negligent operation of a motor vehicle |
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Term
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Definition
| "the body of the crime" the material thing upon which a crime has been committed |
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Term
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Definition
| the cause that is nearest to a given effect in a casual relationship |
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Term
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Definition
| the complete cessation of activity of the central nervous system |
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Term
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Definition
| a common law rule that to convict a defendant of homicide, not more that a year and a day can intervene from the defendant's criminal act to the death of the victim |
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Term
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Definition
| the act of aiding or assisting a person to take his or her life, an offense in some jurisdictions |
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Term
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Definition
| that point in pregnancy at which the fetus is capable of prolonged life outside of the mother's womb |
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Term
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Definition
| a method of abortion in which the fetus is partially delivered before its life is terminated and it is removed from the mother's body |
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Term
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Definition
| the intentional termination of a pregnancy |
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Term
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Definition
| Refers to the set of doctrines under which individuals are held accountable for criminal conduct. |
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Term
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Definition
| A defense in which the defendant denies committing the crime or claims that the prosecution lacks sufficient evidence of the defendant's guilt. |
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Term
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Definition
| A defense to a criminal charge in which the defendant admits to the criminal act but denies criminal responsibility. |
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Term
| beyond a reasonable doubt |
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Definition
| The standard of proof that is constitutionally required to be met before a defendant can be found guilty of a crime or before a juvenile can be adjudicated as a delinquent. |
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Term
| preponderance of the evidence |
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Definition
| Evidence that has greater weight than countervailing evidence. |
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Term
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Definition
| Defense to a criminal charge that places the defendant at some place other than the scene of the crime at the time that the crime occurred. |
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Term
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Definition
| The condition of being below the age of legal majority. |
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Term
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Definition
| Condition in which a person has impaired physical or mental capacities due to the ingestion of drugs or alcohol. |
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Term
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Definition
| The state of becoming drunk or intoxicated of one's own free will. |
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Term
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Definition
| Intoxication that is not the result of a person's intentional ingestion of an intoxicating substance. A person may become involuntarily intoxicated through the trickery or fraud of another person or through the inadvertent ingestion of medicine. |
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Term
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Definition
| A degree of mental illness that negates the legal capacity or responsibility of the affected person. |
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Term
| not guilty by reason of insanity |
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Definition
| A plea that admits criminal conduct but raises the insanity defense. |
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Term
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Definition
| Under the rule, for a defendant to be found not guilty by reason of insanity, it must be clearly proved that, at the time of committing the act, the defendant was suffering such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing OR if he did know it, that he did not know that what he was doing was wrong. |
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Term
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Definition
| A test for insanity that allowed a person who knew an act was wrong but acted under an uncontrollable desire or duress of mental disease to be excused from a criminal act. |
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Term
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Definition
| A test for determining insanity developed by the US Court of Appeals for the District of Columbia Circuit in Durham v. United States (1954). Under this test, a person is not responsible for an unlawful act if it was the product of a mental disease or defect. |
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Term
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Definition
| A test proposed by the American law Institute to determine if a defendant if legally insane. |
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Term
| substantial capacity test |
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Definition
| The doctrine that a person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, the person lacked substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law. |
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Term
| insanity defense reform act of 1984 |
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Definition
| An act of Congress that specifies that insanity is an affirmative defense to a prosecution under a federal statute and details the requirements for establishing such a defense. |
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Term
| clear and convincing evidence standard |
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Definition
| An evidentiary standard that is higher than the standard of preponderance of the evidence but lower than the standard of beyond a reasonable doubt. |
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Term
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Definition
| A form of verdict that may be rendered in some states where the jury finds that the defendant's mental illness does not deprive the defendant of substantial capacity sufficient to satisfy the insanity test but warrants the defendant's treatment in addition to incarceration. |
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Term
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Definition
| The condition under which a person performs a set of actions during a state of unconsciousness. |
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Term
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Definition
| The use of illegal confinement or threats of harm to coerce someone to do something he would not do otherwise. |
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Term
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Definition
| A condition that compels or requires a certain course of action. |
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Term
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Definition
| An erroneous opinion of legal principles applied to a set of facts. |
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Term
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Definition
| A defense asserting that a criminal defendant acted from an innocent misunderstanding of fact rather than from a criminal purpose. |
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Term
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Definition
| The necessary and reasonable use of force by a person in self-defense, defense of another, or defense of property. |
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Term
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Definition
| The degree of force that may result in the death of the person against whom the force is applied. |
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Term
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Definition
| Force that does not result in death. |
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Term
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Definition
| The protection of one's person against attack. |
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Term
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Definition
| The common-law requirement that a person being attacked "retreat to the wall" before using deadly force in self-defense. |
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Term
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Definition
| Statutes providing that a person faced with a threat of bodily harm may use force to repel the threat and is not required to retreat. |
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Term
| objective test for the use of deadly force |
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Definition
| Under this test, the judge or jury places themselves in the shoes of a hypothetical reasonable and prudent person to determine whether a defendant's use of deadly force was permissible. |
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Term
| subjective standard of reasonableness |
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Definition
| A test used by courts to determine whether it was appropriate for a defendant to use deadly force in self-defense. Under this approach, the jury is asked to place itself in the shoes of the defendant. |
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Term
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Definition
| A group of symptoms typically manifested by a woman who has suffered continued physical or mental abuse, usually from a male whom she lives. |
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Term
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Definition
| A group of symptoms typically manifested by a child who has suffered continued physical or mental abuse, often from a parent or person having custody of the child. |
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Term
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Definition
| The maximum degree of force that is necessary to accomplish a lawful purpose. |
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Term
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Definition
| The defense asserted by one who claims the right to use reasonable force to prevent the commission of a felony against another person. |
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Term
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Definition
| The right of a defendant charged with an offense to assert that he used reasonable force to protect his home or property. |
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Term
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Definition
| An exception to the retreat rule allowing the use of deadly force by a person who is protecting his home and its inhabitants from attack, especially from a trespasser who intends to commit a felony or inflict serious bodily harm. |
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Term
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Definition
| Exemption from civil suit or prosecution. |
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Term
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Definition
| A grant of immunity that forbids prosecutors from using immunized testimony as evidence in criminal prosecutions. |
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Term
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Definition
| A grant of immunity applying to all offenses that a witness's testimony relates to. |
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Term
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Definition
| A grant by a prosecutor with approval of a court that makes a witness immune from prosecution in exchange for the witness's testimony. |
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Term
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Definition
| A privilege to be free from arrest and prosecution that is granted under international law to diplomats, their staff, and their household members. |
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Term
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Definition
| Either of two special immunities given to members of Congress: 1) the exemption from arrest while attending a session of the body to which the member belongs, excluding an arrest for treason, breach of the peace, or a felony OR 2) the exemption from arrest or questioning for any speech or debate entered into during a legislative session. |
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Term
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Definition
| The condition of being tried twice for the same criminal offense. |
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Term
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Definition
| Evidence that falls short of establishing what is required by law, usually referring to evidence that does not legally establish an offense or a defense. |
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Term
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Definition
| The balance or preponderance of the evidence. Weight of the evidence is to be distinguished from legal sufficiency of the evidence, which is the concern of an appellate court. |
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Term
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Definition
| That which is clearly or obviously necessary or essential. |
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Term
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Definition
| A test applied by courts to determine if the charges against a defendant would constitute a violation of the constitutional prohibition against double jeopardy. The Blockberger test holds that is is not double jeopardy for a defendant to be tried for two offenses if each offense includes an element that the other offense does not. |
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Term
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Definition
| A test applicable to the Double Jeopardy Clause of the Fifth Amendment. If, to establish an essential element of an offense charged, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted, a second prosecution is barred. |
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Term
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Definition
| Test that bars separate punishment for the offenses that have the same elements or for one offense that includes or is included in another offense. |
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Term
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Definition
| A law proscribing prosecutions for specific crimes after specified periods of time. |
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Term
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Definition
| Causing to cease. For example, one who conceals himself from the authorities causes a tolling of the statutes of limitation on the prosecution of a crime. |
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Term
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Definition
| The act of government agents inducing someone to commit a crime that the person would not otherwise be disposed to commit. |
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Term
| subjective test of entrapment |
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Definition
| Whether the defendant's criminal intent originated in the mind of the police officer or the defendant was predisposed to commit the offense. |
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Term
| objective test of entrapment |
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Definition
| Under this approach to determining whether police engaged in entrapment, a court inquires whether the police methods were so improper that they were likely to induce or ensnare a reasonable person into committing a crime. |
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Term
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Definition
| Singling out defendants for prosecution on the basis of race, religion, or other impermissible classifications. |
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