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24 Aug 2015

Criminal Law Terminology (A through C)

The following is a list of important Criminal Law terms (A through C) and their definitions.

Abortion: result when one causes the miscarriage of a woman after the fetus has quickened, after the woman has felt, or could have felt, the child alive while inside her.

  • causes the miscarriage
  • fetus has quickened

Accessory: one who with knowledge does counsel, command, encourage, or aid in the perpetration of a crime.

  • with knowledge
  • counsel, command, encourage, aid
  • in perpetration of crime

Accessory After the Fact: one who is not the perpetrator but who, with knowledge that the crime as actually committed, aids the felon in avoiding arrest, conviction, or punishment.

  • not the perpetrator
  • with knowledge that crime was committed
  • aids felon
  • in avoiding arrest, conviction, or punishment

Actual Cause of Cause in Fact: that cause which starts, ignites or makes possible the act which follows and is determined by the “but for” test.

  • cause which starts,
  • ignites,
  • or makes possible the act which follows

Actus Reus: the overt act

Affray: mutual fight in a public place

  • mutual fight
  • public place

Arson: malicious burning of the dwelling house of another

  • malicious burning
  • dwelling house of another

Assault: intentional threatening of another with a battery and the creating of apprehension of immediate bodily harm in the victim.

  • intentional
  • threatening with battery
  • creating of apprehension
  • of immediate bodily harm

Attempt: occurs when criminal intent becomes accompanied by an act which comes within close proximity of committing a crime.

  • criminal intent
  • accompanied by act
  • close proximity of committing a crime

Battery: intentional and unlawful, harmful or offensive touching of the person of another

  • intentional
  • unlawful, harmful, or offensive touching
  • of the person
  • of another

Bestiality: sodomy that involves copulation with a beast that involves either a man or woman.

  • sodomy
  • copulation with beast

Blackmail: unlawful extraction or communication for extraction of money or other valuables by means of a threat not sufficient for robbery.

  • unlawful extraction or communication for extraction
  • money or other valuables
  • threat

Breach of Peace: can result from any willful act which unreasonably disturbs the public peace

  • willful act
  • unreasonably disturbs public peace

Bribery: corrupt payment or receipt of private consideration for official action

  • corrupt payment or receipt
  • for official action

Buggery: sodomy that involves anal copulation by a man with another man or with a woman.

  • sodomy
  • anal copulation
  • by a man
  • another man or woman

Burglary: breaking and entering of the dwelling house of another at night with the intent to commit a felony.

  • breaking and entering
  • dwelling house of another
  • at night
  • intent to commit a felony

Compounding the Crime: 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.

  • acceptance of anything of value
  • under an unlawful agreement not to prosecute known offender
  • OR limit or hinder prosecution of his case

Conspiracy: results from a combination of two or more persons in an agreement to accomplish a criminal or unlawful act or to do a lawful act by criminal or unlawful means.

  • two or more persons
  • agreement to accomplish criminal or unlawful act
  • OR do a lawful act by criminal or unlawful means

Constructive Presence: occurs if one is so situated as to give assistance to the perpetrator.

  • situated to give assistance to perpetrator

Corpus Delicti: body of the crime, meaning the prima facie case or elements of the crime.

  • prima facie case
  • elements of the crime

Filed Under: Criminal Law Tagged With: Criminal, Criminal Law, Definitions, terminology, terms

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