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