The Corpus Delicti
Body of the crime, meaning the prima facie case or elements of the crime. Generally, the term embodies both the obvious evidence of a crime and the logical conclusion based upon that evidence that the elements of a crime have been committed, for example,
Actus Reus
A guilty (prohibited) act.
Malum In Se
Evil in itself" or "inherently evil.
Malum Prohibitum
Something made wrong by legislation
Felony
In most jurisdictions, is a crime that is punishable by death or by a sentence of more than one year even though the sentence actually imposed is one year or less. However, in some states, a crime is a felony if the sentence is to be served in a state pri
Misdemeanor
A crime of lesser gravity than a felony, punishable by a fine and/or imprisonment in a county jail
Merger Rule
When all the elements of one crime are included within the elements of another crime, the lesser crime merges with the greater and a defendant cannot be convicted of both crimes. For example, larceny merges with robbery and battery merges with murder.
Add
Mens Rea
The "guilty mind" or wrongful intent
Concurrence
Refers to the requirement that the actus reus and mens rea exist at the same time.
General Intent
Under common law, refers to the purposeful commission of a prohibited act where the performance of the act is sufficient to establish intent to commit the crime because intent is inferred from the fact that the act was done. Examples of general intent cri
Specific Intent
Refers to the purposeful commission of a prohibited act with the aim of producing a particular result. Examples of specific intent crimes are burglary and larceny: for burglary, the specific intent to commit a felony within the dwelling house of another i
Transferred Intent Doctrine:
Is applicable when a defendant, while in the process of committing a crime against one person, unintentionally commits the crime against a different person or commits a different crime. In such a case, the defendant's wrongful intent is transferred to inc
Intent under the Model Penal Code
Under the MPC, the distinction between general and specific intent has been abandoned, and a person is generally guilty of an offense only if he acted purposefully, knowingly, recklessly or negligently, as the law for a particular crime may require, with
Intent for Inchoate Crimes
Even if the target crime is a general intent crime, the inchoate version will be a specific intent crime (the specific intent to commit the target crime.)
Causation
Proof that the defendant's act is the actual and proximate cause of harm is required in order to establish that a defendant should be found guilty of a crime that includes a harmful result.
Actual Cause
Is the cause which starts, ignites or makes possible the result which follows, and which satisfies the "But For" or Substantial Factor Test
But For" Test
- "Causation" - a relationship between the breach and the injur, this test is used to establish actual cause in criminal cases which include a harmful result as an element of the crime. To apply the test, the state must show that "but for" the defendant's
Substantial Factor Test
Used to establish actual cause where more than one act contributes to the harm. The defendant is said to be an actual cause of the harm if the defendant's act is a substantial factor in bringing the harm about. This means that the defendant's act contribu
Proximate Cause
Foreseeable - In criminal law, an actual cause of harm is also the _____ if the act is closely connected enough to the resulting harm that it is fair to hold the defendant responsible for causing the harm. Under the Model Penal Code, this means that the r
Principal in the First Degree
Under common law, is one who personally performs the actus reus of the crime.
Principal in the Second Degree
Under the common law, is one who does not personally perform any actus reus of the crime, but who is actually or constructively present and who aids and abets in the commission of the crime.
Principal
Modernly, most jurisdictions have abandoned the common law title of "principal in the first degree" and refer to the person who commits the actus reus of the crime simply as a ?
Constructive Presence
Is presence that is legally imputed to one who, while not physically present during an act, is so situated as to give assistance to the perpetrator. For example, a lookout or the driver of a getaway car during a robbery is constructively present at the cr
Aid and Abet
Means to knowingly or intentionally assist in or facilitate the commission of a crime.
Accessory before the Fact
Counsels, commands, encourages or assists prior to the actus reus of the crime and is not present during the commission of the crime.
Accessory after the Fact
One who was not present during the commission of the crime, but who provides aid with knowledge that the crime was committed, for example, by aiding the felon in avoiding arrest, conviction or punishment.
Accomplice
Modernly, most jurisdictions have abandoned t e common law titles of "principal in the second degree" and "accessory before the fact," and refer to one who intentionally and knowingly participates or assists in the commission of a crime as an ? In the min
Accomplice Liability
Under the theory of this, accomplices are guilty of the target crime and, in most jurisdictions, are also guilty of all acts by all accomplices or principals which are in furtherance of the target crime and all additional crimes which are a natural or pro
Misprision of a Felony
Under common law, is the nondisclosure of the known felony of another. However, modernly it is the concealment of a known felony of another.
Compounding the Crime
Involves the acceptance of anything of value under an unlawful agreement not to prosecute a known offender, or to limit or to otherwise hinder the prosecution of his case.
Inchoate
Partly or imperfectly formed, or incomplete.
Solicitation
Occurs when one counsels, incites, solicits, or requests another to commit an unlawful act.
Attempt
Occurs when criminal intent becomes accompanied by an act which comes within close proximity of committing a crime.
Conspiracy
Results when two or more persons agree together to accomplish a criminal or unlawful act or to do a lawful act by criminal or unlawful means.
Pinkerton's Rule
Each member of a conspiracy can be charged with crimes committed by co-conspirators if those crimes were committed in furtherance of the target crime or if they were a natural and probable consequence of the target crime.
Wharton's Rule
When a crime requires the participation of more than one person, (e.g., dueling, bribery, etc.) the perpetrators cannot be charged with conspiracy. However, if there are more perpetrators than the crime, by definition, logically requires, then conspiracy
Battery
Is the intentional, harmful or offensive touching of another person.
Assault
Is the intentional threatening of another with battery and the creating of reasonable apprehension of immediate bodily harm in the victim. Additionally, in criminal law, an assault is an attempted but failed battery regardless of whether the intended vict
Rape
Is sexual intercourse with a woman without her consent.
Statutory Rape
Is sexual intercourse with a willing female under the age of consent.
Sodomy
Term used generically to cover what the common law or state legislatures regard as seriously "deviate" or "unnatural" sexual practices.
Mayhem
Is the malicious maiming or disfiguring of another.
False Imprisonment
Is the intentional confinement of another person against his will.
Kidnapping
Is the movement of a person against his will from one place to another.
Homicide
Is the killing of one human being by another human being
Murder
Is a homicide committed with malice aforethought.
Malice Aforethought
Is the mens rea required for murder. It exists when the defendant has a "man endangering state of mind" as evidenced by one of the following intentions:
1) an intent to kill as expressed by the defendant;
2) an intent to cause serious bodily harm as impli
First Degree Murder
Murder committed by poison; torture; lying in wait; or other willful, deliberate and premeditated means; or murder that results from application of the Felony Murder Rule.
Torture
Occurs when a person inflicts great bodily injury on another with intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.
Felony Murder Rule
If a death occurs during the attempt or commission of a serious felony, is causally related to that felony, and is not a lesser included offense, then the felon can be charged with first degree murder.
Second Degree Murder
Is all murders which are not first degree murder, in other words, those homicides committed with malice aforethought but which do not meet the requirements for murder in the first degree.
Voluntary Manslaughter
Is a murder which, because of mitigating circumstances, is treated as less heinous than first or second degree murder.
Heat of Passion
Is one mitigating factor that can reduce a murder charge to voluntary manslaughter, if the defendant can prove the following elements:
1) adequate provocation to lead a reasonable person to lose his normal self-control,
2) the defendant actually lost his
Involuntary Manslaughter
Is an unintentional homicide committed without malice but under circumstances involving either gross negligence or the commission of a crime not covered by the Felony Murder Rule.
Burglary
Is the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony therein.
Statutory Burglary
Is an unlawful entry into a structure or vehicle with the intent to commit or felony or theft, including petty theft, once inside.
Arson
Is the malicious burning of the dwelling house of another.
Statutory Arson
Is the malicious burning of any structure.
Larceny
Is the trespassory taking and carrying away of the personal property of another with intent to permanently deprive the owner thereof.
Larceny by Trick
Is a form of larceny in which the taking of the personal property of another was done with the owner's consent; however, the consent was obtained by deceit or fraud.
Obtaining Property by False Pretenses
Is the obtaining of title to the property of another through a false representation of fact with the intent to defraud.
Embezzlement
Is the fraudulent taking of the personal property of another by one to whom possession has been entrusted.
Robbery
Is larceny from the person of another by use of violence, force, intimidation, or threat of immediate harm.
Extortion
Is the unlawful obtaining of property from another through coercion, usually involving a threat to perform an illegal act in the future. In some states, the term "extortion" applies to one acting in an official capacity or under color of office, while "bl
Blackmail
In most states, is the same as extortion. However, in some states, extortion applies to those acting under color of office, while blackmail applies to any person obtaining property through coercion. In other states, blackmail applies to coercion through a
Bribery
Is the corrupt payment or receipt of an advantage or anything of value with an intent to influence a person's action, vote, or opinion, in any public or official capacity.
Forgery
Is the false making or material alteration of any writing of legal significance with the intent to defraud.
Uttering
Is the use of a forged instrument, knowing that it is forged, with the intent to defraud.
Receiving Stolen Property
Is the acquisition of stolen property with knowledge at the time of receipt that it was stolen, when done with intent to deprive the owner of his or her property.
Perjury
Is the making of a false oath or affirmation in a judicial proceeding in regard to a material matter.
Subornation of Perjury
Is the procurement of perjury from another.
Embracery
Is an attempt by corrupt and wrongful means to influence a juror in regard to the jury's verdict.
Breach of Peace
Is a willful act which unreasonably disturbs the public peace.
Unlawful Assembly
Is a meeting of three or more people with a common plan to commit an unlawful act or a lawful act in a manner likely to cause a breach of peace.
Rout
The movement of unlawful assemblers for the purpose of carrying out the common design.
Riot
A tumultuous breach of peace by three or more persons acting together to commit a crime by open force or to carry out any common enterprise.
Affray
A mutual fight in a public place.
Infancy
A child under the age of 7 does not have the capacity to commit a crime, there is a rebuttable presumption that a child aged 7 to 14 does not have the capacity to commit a crime, and a child over the age of 14 has the same capacity to commit a crime that
Unconsciousness
Someone who is sleep walking, does not have the capacity to commit a crime.
Involuntary Intoxication
On alcohol or drugs as a result of force, fraud, medical prescription, reasonable mistake, allergic reaction, or the like, then his or her actions are excused to the same extent as they would be if those actions were the result of a mental disorder.
Voluntary Intoxication
A defendant who is intentionally intoxicated will be excused for his or her actions only if the intoxication has developed into a permanent mental disorder. However, this may mitigate the degree or severity of the crime or charge if, due to the intoxicati
The M'Naghten Rule
A defendant is entitled to the defense of insanity if he suffers from a mental disease of the mind and does not know what he is doing or does not know that what he is doing is wrong. Also, a defendant is entitled to the defense of insanity if he suffers f
Insane Delusion
The product of a mental disorder in which the defendant has a false belief in something that would be incredible to others and that belief remains persistent despite proof to the contrary.
The Irresistible Impulse Test
A defendant is entitled to the defense of insanity if, because of a mental disorder, he knows that he is doing wrong but cannot control his behavior.
The Substantial Capacity Test
A defendant is entitled to the defense of insanity if at the time of his conduct, as a result of a mental disease or defect, he lacks substantial capacity to appreciate the wrongfulness of his conduct or the capacity to conform his conduct to the requirem
The Durham Rule
A defendant is entitled to the defense of insanity if, because of a mental disease or defect, he committed an unlawful act.
The Diminished Capacity Test
Evidence of mental infirmity not amounting to insanity is admissible and should be considered on questions of premeditation, deliberation, and malice, although diminished capacity is not a complete defense.
Defense of Self-Defense
A person who reasonably believes himself to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself.
If the attack is with so-called "deadly force" the majority rule is that the one attacked may
Defense of Defense of Others
A person who reasonably believes another to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect the personal safety of the other person.
Step-In-Shoes Jurisdiction (Defense of Others)
In some jurisdictions a person is not allowed to use the this defense unless the person being defended was not the aggressor and had the right to use self-defense.
Reasonable Appearances Jurisdictions (Defense of Others)
In other jurisdictions, a person defending another in good faith and in ignorance of the fact that the person being defended is the aggressor and not entitled to use self-defense is nevertheless justified when acting upon reasonable appearances. Sometimes
Defense of Defense of Property
A person may use reasonable force that is not likely to cause death or serious bodily harm to protect his or her possession of real or personal property against an apparent trespasser.
Defense of Prevention of Crime
A person, whether a police officer or private person, may use reasonable force to prevent the commission of a crime which is apparently being attempted in his or her presence.
Defense of Legal Authority
A person may commit an otherwise criminal act if it is done under legal process or is otherwise authorized by law.
Defense of Necessity
A person may commit an otherwise criminal act if that person is acting in an emergency situation to protect himself or others from a threatened injury to person or property. The person claiming the defense of necessity may act on appearances. A reasonable
Defense of Duress
A person may commit an otherwise criminal act if his act was the result of a reasonable fear of imminent death or serious bodily harm and if his fear was induced by a threat made by a third person. However, this defense will not apply to an intentional ki
Defense of Entrapment
A person may not be convicted of a crime if a law enforcement officer (or an agent of an officer) solicited, induced or encouraged the person to commit the crime and if the person would not otherwise have committed it.
Defense of Mistake of Fact
Will disprove a criminal charge if it is honestly entertained, based upon reasonable grounds and is of such a nature that the conduct would have been lawful had the facts been as they were supposed to be.
Defense of Mistake of Law
Not a valid defense to a crime except in those rare instances where it negates an essential element of the crime. Therefore, the old saying "ignorance of the law is no excuse" is appropriate as a general rule.