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Criminal Law Basics
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Larceny
The unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive them of it. Example: Stealing a bike from a bike rack.
Capital Punishment
A legal penalty where the state executes a person as punishment for a crime. Example: Execution for committing a capital offense like aggravated murder.
Felony
A serious crime usually punishable by imprisonment for more than one year or by death. Example: Armed robbery is considered a felony.
Inchoate Offenses
Crimes that are committed by taking a step towards the commission of another crime, but the final crime does not have to be completed. Example: Attempted burglary.
Justifiable Homicide
Homicide that is carried out as an act of self-defense or in defense of others and is deemed lawful. Example: Killing an assailant who enters a home with the intent to harm the residents.
Cybercrime
Illegal activities carried out using computers or the internet. Example: Hacking into a bank's computer system to steal money from accounts.
Misdemeanor
A criminal offense that is less serious than a felony and generally punishable by a fine, probation, or a short-term imprisonment. Example: Petty theft is typically a misdemeanor.
Fraud
Intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Example: Falsifying information on a tax return.
First-Degree Murder
A willful, deliberate, and premeditated killing with malice aforethought. Example: Planning and executing a plan to poison a wealthy relative.
Robbery
The taking of property from another person by using force or threats. Example: A thief threatens a person with a knife to hand over their wallet.
Burglary
Unlawfully entering a building with the intent to commit a crime therein. Example: Breaking into a house to steal a TV.
Extortion
Obtaining something of value through coercion, such as threats of violence or blackmail. Example: Demanding money to prevent the release of compromising photos.
Search Warrant
A legal order authorizing law enforcement to search and seize property that may be evidence of a crime. Example: A warrant to search a suspect's home for stolen property.
Miranda Rights
Rights that police must inform suspects of upon arrest, including the right to remain silent and the right to an attorney. Example: Telling a suspect, 'You have the right to remain silent. Anything you say can and will be used against you in a court of law.'
Insanity Defense
A defense by which a defendant may be exonerated of a crime on the grounds that, at the time of the crime, they were unable to understand the nature or wrongfulness of the acts due to a severe mental illness. Example: A person with schizophrenia may be found not guilty by reason of insanity if they were unable to distinguish right from wrong when the crime was committed.
Terrorism
The unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives. Example: A bombing in a public area to incite fear and fulfill political aims.
Plea Bargain
An agreement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or the dropping of related charges. Example: Pleading guilty to assault to have a charge of attempted murder dropped.
Assault
An attempt or threat to inflict bodily harm upon someone, with the apparent ability to do so. Example: Raising a fist to someone in a threatening manner.
Second-Degree Murder
A killing that is intentional but not premeditated, resulting from an impulsive act. Example: A sudden fatal attack in a moment of rage without a plan.
Actus Reus
The physical act of committing a crime. Example: John physically taking a TV from a store without paying.
Battery
The intentional and offensive touching of another person without their consent. Example: Punching someone during a fight.
DUI/DWI
Driving under the influence (DUI) or driving while intoxicated (DWI) refers to operating a vehicle while one's blood alcohol content is above the legal limit set by statute. Example: Getting caught driving with a blood alcohol concentration of 0.09%, where the legal limit is 0.08%.
Self-Defense
The use of reasonable force to protect oneself from physical harm from an attacker, provided there is a reasonable belief of imminent harm. Example: Pushing someone away who comes at you with a knife.
Homicide
The killing of one human being by another. Example: A person shoots and kills another person during a robbery.
Involuntary Manslaughter
An unintentional killing that results from recklessness or criminal negligence, without intent to cause death. Example: A person causes a fatal car accident while texting and driving.
Infraction
A minor violation or breach of law not punishable by imprisonment. Example: A traffic violation, like speeding.
Embezzlement
Fraudulent appropriation of property by a person to whom it has been entrusted. Example: A cashier pockets money from the cash register.
Voluntary Manslaughter
The intentional killing of an individual without malice aforethought, usually committed in the heat of passion. Example: A husband kills his wife's lover upon discovering them together.
Money Laundering
The process of transforming the proceeds of crime into ostensibly legitimate money or other assets. Example: Using a cash-based business to funnel drug money into the financial system.
Perjury
The willful act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. Example: Lying under oath during a trial.
Arson
The willful and malicious act of burning or setting fire to property. Example: Intentionally setting a house on fire.
Statutory Rape
Sexual intercourse with a minor who is below the legal age of consent, regardless of whether the minor is willing or the adult believes they are consenting. Example: An adult engaging in a sexual act with a 15-year-old, where the age of consent is 18.
Human Trafficking
The illegal trade of human beings for the purposes of forced labor, sexual slavery, or commercial sexual exploitation. Example: Transporting individuals across borders and forcing them to work under inhumane conditions.
Mens Rea
The mental state of intending to commit a crime or recklessness. Example: Sally plans and intends to embezzle money from her company.
Double Jeopardy
A procedural defense that prevents an accused person from being tried again on the same charges following a valid acquittal or conviction. Example: Once acquitted for burglary, Chloe cannot be tried again for that same burglary.
White-Collar Crime
Financially motivated, nonviolent crime committed by business and government professionals. Example: Insider trading in the stock market.
Probation
A court-imposed criminal sentence that suspends or delays a term of full-time incarceration, allowing the offender to live in the community under supervision. Example: A convicted person is sentenced to three years of probation instead of jail time.
Strict Liability
A legal standard that holds a defendant liable for the commission of an act regardless of intent or mental state. Example: Statutory rape is a strict liability crime; the adult is liable even if they believed the minor was of age.
Identity Theft
The deliberate use of someone else's identity, typically to gain a financial advantage or obtain credit and other benefits. Example: Using someone else's social security number to apply for a credit card.
Parole
The conditional release of a prisoner from imprisonment before the full sentence has been served, subject to conditions set by a parole board. Example: An inmate serving a 10-year sentence is released on parole after 6 years, under conditions of good behavior.
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