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Criminal Law Basics
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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.
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.
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.
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.
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.
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.
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.
Burglary
Unlawfully entering a building with the intent to commit a crime therein. Example: Breaking into a house to steal a TV.
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.
White-Collar Crime
Financially motivated, nonviolent crime committed by business and government professionals. Example: Insider trading in the stock market.
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.
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.
Cybercrime
Illegal activities carried out using computers or the internet. Example: Hacking into a bank's computer system to steal money from accounts.
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.'
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.
Battery
The intentional and offensive touching of another person without their consent. Example: Punching someone during a fight.
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.
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.
Embezzlement
Fraudulent appropriation of property by a person to whom it has been entrusted. Example: A cashier pockets money from the cash register.
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.
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.
Homicide
The killing of one human being by another. Example: A person shoots and kills another person during a robbery.
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.
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.
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.
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.
Mens Rea
The mental state of intending to commit a crime or recklessness. Example: Sally plans and intends to embezzle money from her company.
Infraction
A minor violation or breach of law not punishable by imprisonment. Example: A traffic violation, like speeding.
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.
Extortion
Obtaining something of value through coercion, such as threats of violence or blackmail. Example: Demanding money to prevent the release of compromising photos.
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%.
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.
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.
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.
First-Degree Murder
A willful, deliberate, and premeditated killing with malice aforethought. Example: Planning and executing a plan to poison a wealthy relative.
Arson
The willful and malicious act of burning or setting fire to property. Example: Intentionally setting a house on fire.
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.
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.
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