Definitions - Criminal Law

Law Definitions
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Definitions - Criminal Law
1 Actus Reus
If the perpetrator establishes failure to prevent murder, the failure will be considered actus reus of manslaughter.
2 Mens Rea
If an individual attacks another and is hurt due to self-defense, then it is not a crime, but if the attacked individual intends to get revenge, it is a crime, and this is how men’s rea is established.
3 Malum in Se
Adultery and robbery are examples of mala in se crimes because they are considered innately immoral alongside being unlawful.
4 Malum Prohibitum
An illegal action culminates in being immoral but not be considered illegal because it is categorized as evil. If an individual possesses a controlled substance, it is against the law but cannot be inherently wrong.
5 Felony
Suppose Kennedy kill his father due to a conflict arising from property inheritance. In that case, it is important to note that he will be treated as a felony because he will be judged with murder which attracts up to life imprisonment without parole.
6 Misdemeanor
Instead of being jailed, the crime perpetrator can be released after paying a fine and be put on probation while doing community service because the crimes involve violating traffic rules, public intoxication, and vandalism.
7 The Corpus Delicti
Applying the principle, an accused can only be convicted of shoplifting in a courtroom if the prosecutor presents convincing evidence for the crime.
8 Intended Results Doctrine
The doctrine holds an individual accountable for a crime resulting from his actions because he understood that the activities would lead to that outcome of breaking the law regardless of the fact that another factor from a different source contributed to the commission of the crime.
9 The Doctrine of Contributory Causes
Suppose a robber goes in to rob a bank and threatens to shoot the teller with a gun, causing him to step back away from the gun, trip, and fall. Later, the teller dies from the injuries sustained; then, the robber is responsible for his death too because of the Doctrine of Contributory causes.
10 Homicide
In law, some homicides are murder, manslaughter and some are lawful if justifiable as self-defense.
Murder
John plans to attack and kill Joe, and when the time comes, he stabs Joe to death. Since John had the intention to kill Joe, before the actual action, he will be convicted of murder.
First-Degree Murder
The prosecutor must prove that willfulness, premeditation, and deliberation are evident in a first-degree murder for the accused to be convicted by life imprisonment without parole or capital punishment.
Second-Degree Murder
If an individual drive while drunk and causes an accident that leads to the death of another person, then the death was not premeditated but is still punishable under the law as second-degree murder.
Manslaughter
A driver commits manslaughter if he hits and kills a pedestrian if he was driving under the influence of alcohol. The crime usually attracts fewer years than murder and, in most cases, up to eleven years in jail.
Voluntary Manslaughter
If Joe came home and found his wife in bed with Kendrick and, due to heightened emotions, Joe picks up the bedside lamp holder and hits Joe, killing him instantly, the crime would be categorized as voluntary manslaughter.
Involuntary Manslaughter
Suppose a tour operator fails to guide passengers through the proper security and safety procedures resulting in the death of one or more passengers. In that case, the operator will be held responsible for having committed involuntary manslaughter.
Malice Aforethought
After planning, Jasmine shoots a Jayden. In this stance, Jasmine will be held responsible for having malice aforethought.
Willful
If an employee arrives at work intoxicated, he will have willfully violated their working terms with his employer.
Deliberation
The jury has to enter into a deliberation process to weigh on whether the evidence provided by the prosecution is enough to vote for the conviction of the accused or not.
Premeditation
When an individual kills another individual by poisoning them implies that they had planned to do so beforehand.
Actual Cause Or Cause In Fact
If a driver hits a pedestrian, the injuries sustained are due to the driver's actions (actual cause) which resulted in the accident.
Proximate Cause
If a worker leaves a manhole uncovered and a passerby stumbles on a stone and falls into the manhole, the injuries sustained to the passerby are said to be caused by the worker failing to cover the maintenance hole. The proximate cause is the employee’s action of leaving the manhole uncovered.
Assault
If a person threatens to kill another without physically touching that individual, he is liable to have committed the crime of assault.
Battery
When an individual decides to touch another individual who blatantly says stop or has not invited them to do so, the touching amounts to the crime of battery.
False Imprisonment
If an individual locks another in a room without their permission over time, he will have committed the crime of false imprisonment.
Kidnapping
Forcefully taking away a bank officer's family to coerce him to pay ransom for their liberty amounts to kidnapping.
Rape
When an underage girl is coerced into having sex by an adult because she does not have the legal consent to engage in sex, the adult should be convicted of rape.
Statutory Rape
If the statutory age of being regarded as an adult is 18 years, an individual above 18 years has sex with a girl at 16 years; the person will be convicted of statutory rape.
Sodomy
If a man left under the care of young boys coerces them to engage in oral and anal sexual penetration, they sodomize them and are liable to conviction under the law.
Mayhem
If a person chops off another's leg, finger, arm, or gouges out the eyes violently, then the offender would have committed a crime called mayhem.
Burglary
If a person breaks the lock of a door or goes into a house through an open window and steals property or shoots at people inside, he is said to have committed burglary.
Statutory Burglary
A robber breaks into an office at night and steals documents harboring clients' confidential information. When arrested, the individual will be charged under the crime of statutory burglary.
Arson
If an individual sets their home on fire willfully to collect compensation from their insurance company, the court will judge them with arson.
Statutory Arson
Suppose Chris decides to burn documents that belong to his wife in a building without spreading the fire to the building because they have filed a divorce in a court of law. In that case, he will have maliciously burnt another individual's property. The timing of the crime indicates that the crime was statutory arson.
Larceny
If Wesley goes to a fashion store selling shoes and notices the price tag on his favorite shoes is expensive, h decides to switch a price tag with cheaper shoes and pays a lesser amount than the actual value he commits larceny.
Larceny By Trick or Deceit
Jasmine convinces his friend to lend her his car for two days. After the agreed two days elapsed, Jasmine does not return the car or cannot be traced. If Jasmine borrowed the car without returning it, the courts would judge her with larceny by deceit.
Obtaining Property by False Pretenses
Pinky and Alicia are friends, and Alicia possesses a watch that Pinky desires to purchase. Alicia knows that Pinky receives a salary at the beginning of every month. If Pinky wants Alicia's look with no intention of paying her after getting her salary, she will be convicted of obtaining property by false pretense.
Embezzlement
If a cashier illegitimately takes money from a deal, they embezzle the funds. The cash would typically be the corporation's asset; however, the cashier chose to keep it for himself or herself.
Robbery
While walking from the supermarket, Adams shoves Jessica and grabs her smartphone. he then runs away. The court will convict Adams with the crime of robbery.
Receiving Stolen Property
Beth robs a retail outlet and steals a classic watch. She hands the watch over to Andy, her fiancé, and informs him she did steal it for him. Andy is guilty of handling stolen goods since Beth got the watch through larceny, and Andy acknowledges it. He will be charged with receiving stolen property
Forgery
John fails to attend school on Monday. On Tuesday, he creates a note and fakes his mother's signature to show that he was out of school on Monday for a reason well-known by the parent. In this case, he commits signature forgery.
Uttering
If an individual creates a fake logbook to demonstrate that he owns a vehicle, the crime is categorized as uttering.
Extortion
Suppose gangsters come into a business and demand that the owners pay them for protection to avert violence to the enterprise. In that case, they commit extortion because they demand money from the business owner through the threat of violence.
Blackmail
When an individual writes a letter to a company cashier threatening to disclose her illicit affair with her boss to her spouse unless she pays $3000, the person commits blackmail.
Misprision of Felony
Under federal statute, an individual who plants cannabis on his land to sell it commits an offense. He is responsible for the misprision of a felony if he erects a wall around the property to conceal the crime.
1 Compounding the Crime
If Edward beats up Joan, but Joan agrees to receive money from Edward not to report the assault to the law enforcers, Edward will be convicted for compounding the crime.
2 Perjury
Attorney Michael Cohen admitted to lying to a US Congress committee three times regarding project specifications, such as when the project was terminated, if he consented to visit Russia for the project, and whether he pushed his boss to travel to Russia for the project. Cohen should be convicted of perjury
3 Subornation of Perjury
In a court case involving a road accident, lawyer Gary interviews an eyewitness who claims that Gary's client violated pedestrian traffic regulations by crossing a street against traffic rules when hit by the suspect's automobile. Gary instructs the eyewitness to assist his client by testifying that the collision occurred at the pedestrian's crosswalk. Therefore, Gary commits the crime of subornation of the witness's perjury.
4 Embracery
If a juror receives something of worth presented to them with the awareness that it was intended to influence their decision as a jury, he or she commits embracery.
5 Bribery
If a politician gives money to electorate officials in return for rigging the election for him to win constitutes bribery.
6 Breach of Peace
Insulting or applying indecent language in public places, obstructing a legitimate seizure, and intruding or destroying possessions when coupled with aggression are examples of breaching public peace.
7 Affray
If a reveler gets into a fight with another in a nightclub, the people within the bar will fear for their safety because they are likely to be caught up in the commotion, which is referred to as affray.
8 Unlawful Assembly
In a peaceful demonstration, some people might start brandishing weapons or orchestrating attacks on the public. Even though it began as a peaceful demonstration legally permitted, it will culminate in unlawful assembly with such violent actions.
9 Rout
When a troop of soldiers returning from the battlefield cause panic due to their disorderliness, majorly because they lack leadership and discipline, they cause a rout because of the disruption of peace.
10 Riot
The historical Los Angeles Riots of 1992 occurred due to the acquittal of assault charges of the law enforcers that assaulted Rodney King using a dangerous weapon and unreasonable force. Many people went to the streets and protested against the ruling. It is one of the many examples of historical riots in American history.
Solicitation
If Janice walks up to his friend and asks him to steal a toy for her and the friend does exactly as told, he would be liable for solicitation.
Attempt
Calvin creates a door lock breaker and goes with it to a store, which is now locked. He removes the lock breaker and proceeds to put it into the keyhole of the door to the store. A security officer apprehends Calvin before he can even unlock the latch. In this case, Calvin is accused of a criminal attempt.
Conspiracy
Let us assume that both Keith and Cindy agree to kill Hugo; they plan to kidnap Hugo and hack him to death inside at garage when he takes his car servicing. Regardless of whether they carry out the deed or not, both Keith and Cindy will be convicted of conspiracy to commit murder.
Accessory
If Simon steals from a local store, escapes, hides in Juliet's house with her consent and knowledge, and fails to inform the police, Juliet will be regarded as an accessory to the crime.
Principal in the First Degree
Troy goes to the stores and purchases a pistol, which he then utilizes to steal from customers in a nearby restaurant. Troy is a first-degree principal since he is the one who broke the law.
Principal in the Second Degree
A principal in the second degree can be explained through the role of someone who stood watch at the entrance throughout a home invasion.
Constructive Presence
If Mendy takes Alvaro's credit card details, the real card technically never leaves the presence of Alvaro; however, Mendy is said to be constructively in possession of the card. Therefore, he might be prosecuted for the crime of theft of Alvaro's credit card under the clause of constructive presence.
Accessory After The Fact
An individual charged with knowing that an individual has been a participant in the crime embraces, consoles, or aids that individual to enable the criminal to flee.
Illustration
George drives a suspect away from a crime scene knowingly. He will be regarded as an accomplice, and his action is described as an accessory after the fact under criminal law.
M'Naghten Rule Or The Right Vs. Wrong Test Of Insanity
One such instance is when a man murders his wife and children in cold blood. After the action, the man sits without any reaction as he waits for the arrival of law enforcers at the scene of the crime. In such a case, the individual has to undergo a mental examination to identify whether the man was mentally stable before being prosecuted. However, such instances provide evidence that indicates that the father is mentally unwell. Therefore, the M’Naghten Rule Test of insanity applies in such cases to avoid convicting mentally unwell individuals.
Insane Delusion
The Indiana Supreme Court concluded in the 1854 case Addington v. Wilson that a decedent who excommunicated his kids since he felt they were wizards was not mad enough to make a logical will for that rationale solely. Therefore, the individual was held for insane delusion, resulting from excommunicating his children because he felt they were witches.
Irresistible Impulse Test
For instance, if Justin molests a child and the child's mother shot and kills him, the mother would successfully argue that she was overwhelmed by emotions despite knowing that killing was a felony and shot Justin. The mother will have passed the irresistible impulse test.
Substantial Capacity Test or Model Penal Code Test
Laura was identified with psychotic episodes as a child and lived most of her childhood in a psychiatric facility. Laura formed friendships with many inmates and staff members at the psychiatric facility. Laura would make unpleasant jokes about her acquaintances occasionally. Because of her mental state, she cannot be sued for any derogatory comments or remarks on her friends because she will have undergone the substantial capacity test to prove her insanity.
Durham Rule
For example, having committed a crime because of his addiction to alcohol or any other form of addiction, Wayne could be declared not guilty because of insanity resulting from the addiction according to the Durham rule.
Diminished Capacity Test
A fully mature man with a juvenile mental condition may be considered insane and incompetent to perpetrate or carry out attacks on his victim deliberately. The presence of the juvenile mental condition can be tested using the diminished capacity test under criminal law.
Self-Defense
Celine suffers from woman battered syndrome, and at one point, his abusive husband grabs her by the throat and strangles her after an argument. Pleading for him to stop, Jack seems unconcerned and continues to strangle her. Céline manages to grab a 2 kg weight on the table next to her and hits him on the head. Jack collapses and dies instantly. Celine's defense will successfully win the case because she had no internet of killing jack but acted in self-defense.
Defense of Others
If Daniel hits or threatens to hit Frank, Frank sees Daniel the next day; Frank strikes him after worrying about the incident overnight. Frank is unlikely to employ self-defense in this circumstance since this threat of being hurt by Daniel elapsed before he hit him. Therefore, he cannot invoke the law of defense of others.
Defense of Property
Cole owns a farm. Patrick settles on the land and commences the construction of a dwelling. Patrick decides to stay when Cole requests him to leave. Later, Cole forcibly removes Patrick from the farm. Then, Patrick files a battery claim against Cole. If Cole used reasonable force during the forcible removal of Patrick from the farm, Cole could invoke the defense of property to help in case of dismissal.
Defense of Prevention of a Crime
Tracy is on her way back home when she encounters Morgan violently robbing Celine on a bridge. Tracy pushes Morgan, and he falls off the bridge resulting in his death. Tracy can use the defense of prevention of a crime in defending herself in court because he pushed Morgan with the intent of preventing him from robbing Celine not to kill him. Still, he accidentally fell off the bridge, causing his death.
Defense of Privilege of Public Authority
In the case United States v. Canty (2007), the police discovered counterfeit money in Canty's printer. It meant that Canty was manufacturing bills. In his defense, Canty claimed that he had the privilege to manufacture the counterfeit money because he had been given the authority to do so for the government so that the police would use it as "flash money.” In this case, Canty invoked the defense of public authority privilege to help prove his innocence.
Defense of Mistake of Fact
Suppose Karen is convicted of larceny, but in her defense, she proves that she believed the property she took from Alicia was legally hers. In that case, the misunderstanding negates any malice aforethought to deprive Alicia of her property. She invokes the defense of mistake of fact successfully.
Defense of Mistake of Law
A mistake of law defense indicates that a person lacked the mental capacity to conduct a felony based on a misunderstanding of a statute. A suspect can claim that he did not scheme to break the law since he felt he had the lawful authority to conspire so under the statute.
Defense of Entrapment
Pinky has been accused of selling illicit substances to an undercover detective. Pinky said the opioids were for her personal use, not for selling. The undercover detective visited her flat for more than twenty days, pleading with her to allow him to pay for some of the drugs because the detective’s mother was very ill. The detective said that the opioids would be effective painkillers. Pinky continued to refuse but later agreed. Immediately she agreed, the detective took her into custody. The detective’s continued entreaties and falsehoods are serious enough to establish entrapment and sway the jury and the judge to settle for a not guilty verdict is the outcome.
Defense of Unconsciousness
Sleep paralysis and convulsions are good instances of uncontrolled conduct that might result in harmful activity in certain cases (Joe hitting and killing Jasmine when sleepwalking). Joe can invoke the defense of unconsciousness in such a situation.
Defense of Infancy
Mario, a ten-year-old, steals from a shop and is arraigned in court for a theft charge. Mario will not be prosecuted for the crime because the juvenile court will dismiss the case because he is underage. The defense of infancy will be helpful in Mario's case.
Defense of Intoxication
Damien assaults George while under the influence of alcohol. In the court case, Damien will be allowed to use the defense of intoxication in his favor to prove that he had no specific intent to harm George.
Definitions – Tort Law
1 Battery
Morgan sets his dog upon Leroy, which results in Leroy sustaining serious injuries. In this case, Morgan does set the dog upon Leroy knowingly. Therefore, he will be charged with battery.
2 Assault
If George points a gun at Kingsley threateningly, even if the gun is not loaded, he will be charged for assault.
3 False Imprisonment
Martin deliberately locks up Casey in a room for a whole day without his permission. The action of restraining Casey to a bounded area is punishable under tort law as false imprisonment.
4 Intentional Infliction of Mental (or Emotional) Distress
Martin, White, hurls racist insults at Austin, the only black African man on the team, calling him ‘a good for nothing monkey’ during a football match. The others laugh at him and scold him. In this case, martin intentionally inflicts emotional distress on Austin because of the racial insults.
5 Trespass To Land
Bruno is a neighbor to Madison. Bruno keeps hitting golf balls into Madison’s yard. Since it has become a habit, Madison has the right to sue Bruno for violating the law to trespass to land.
6 Trespass To Chattel
After visiting her friend, Cate, for a late-night movie at her place, Alice gets up to go home when she notices a laptop on the table. She picks it up and leaves, thinking that it is hers. The laptop belongs to Cate. Alice happens to have the same model of laptop as Cate’s. If Cate were supposed to submit an assignment saved on the laptop and failed to, Alice would be charged with chattel trespass and pay for the damages she caused Cate under tort law.
7 Conversion
If Solomon takes a book and reprints its cover page after modifying the title and the author, then sells the book in the streets, yet the book belongs to Jasmine, he is guilty of conversion. He does not have to know the original author. He deprives Jasmine of the right to the ownership of the book.
8 Intent (as used for Intentional Torts)
If Amos drives at high speed (100km/hr) in a busy street with a traffic sign of a limit of less than 50km/hr and hits a pedestrian, causing him injuries, then he will be charged for having the intent to cause an accident.
9 Substantial Certainty Doctrine
Paul throws a baseball off a pedestrian walk and strikes Claire on her forehead, injuring her. Paul knew that he would hit someone with substantial certainty because the pedestrian walk is always busy. He is liable for battery.
10 Transferred Intent Doctrine
Robert throws a blunt metallic object at Frank but misses and hits Josiah causing his death. In this case, Robert’s intent to strike Frank is transferred to the unintended result of striking and killing Josiah. He will be charged with murder under the transferred intent doctrine.
Defense of Consent
Football players usually consent to be touched by others alongside being tackled. The defense of consent applies to a football player who tackled and inflicted another player with a life-threatening injury.
Self-Defense
Joe punches Calvin. Before Joe would throw another punch, Calvin punches him back. In tort law, Calvin acts justified in punching Joe because it will be considered an act of self-defense. However, Calvin punches him continuously without any continued threat from Joe; his actions are no longer viable to be categorized as self-defense.
Defense of Others
James is a bully. He hits and pushes Jayden. However, Ben notices and comes to the defense of Jayden, pushing and threatening to beat James if he continues bullying Jayden. Ben can justify pushing and threatening James under tort law by invoking the defense of others.
Step-in-Shoes Jurisdiction
James hits and pushes Jayden. Ben notices and comes to the defense of Jayden, pushing and threatening to beat James if he continues bullying Jayden. However, James realizes that Jayden is the aggressor because he first hit and pushed James. It means that Ben cannot invoke the defense of others because he is step-in shoes jurisdiction bars him from doing so.
Reasonable Appearances Jurisdiction
In the same case of bullying, James hits and pushes Jayden. Ben notices and comes to the defense of Jayden, pushing and threatening to beat James if he continues bullying Jayden. However, James does not know that Jayden is the aggressor because he first hit and pushed James. It means that Ben can invoke the defense of others because he is allowed the reasonable mistake for the defense of others.
Defense of Property
When Aladdin tries to rob Samir off his watch from his hand violently, Samir punches him on his face causing him to be admitted to the hospital. In a lawsuit against him, Samir will invoke the tort of defense of property to dismiss Aladdin’s claims of assault successfully.
Defense of Prevention of Crime
Joseph is a police officer. He overhears his neighbor, Jason planning to attack and kill his wife, Alice, at the parking lot at eight in the evening when she returns from work. At four in the afternoon, Jason enters Jason’s house, handcuffs him, and locks every door and window, leaving with the keys. He returns at eight in the evening while Alice enters her house and arrests Jason taking him to the police station. Joseph has the evidence of the defendant preparing to commit the crime, but Jason files a lawsuit against Jason for false imprisonment. Joseph will successfully invoke the tort of defense to prevent crime to dismiss Jason’s accusations.
Defense of Legal Authority
Wayne enters a pawn shop and threatens to shoot Claire while pointing the gun at her if she does not give him all the money in the drawer. It happens that law enforcers get wind of the ongoing robber with violence and arrive at the crime scene. They order Wayne to surrender, but he starts shooting at them. Then the police officers will be forced to shoot back at him because Wayne does not want to surrender. Wayne is hot and dies on the spot. In a court of law, the police officers will use the defense of legal authority to defend their action of shooting Wayne down (they were forced to use deadly force).
Defense of Necessity
Leakey is hurt in a factory room of Chester’s Company. Samuel, his co-worker rushes to the store and takes bandages which are for sale and rushes back to dress Leakey's open wound before he the ambulance arrives to tak...