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| The law which regulates and defines allowed conduct and makes its violation punishable as a public offense. Ex: Criminal laws lie in the Penal Code, or the California Constitution, Vehicle Code, etc. Each state has it's own set of codes and names for statutes. |
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| A violation of those codes which society defines as criminal law and which therefore includes a penalty payable to society. Ex: John robbed a grocery store. He was charged with the crime of robbery. |
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| Serious crimes that are wrong by their very nature. Ex: Murder and rape are examples of mala in se. |
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| Crimes which are wrong because laws have defined them as crimes but which are not universally offensive to society. Ex: Most traffic lawsand examples of mala-prohibita type codes. |
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| The evidence that shows the commission of the basic elements of a crime, latin for "body of the crime.". Ex: The police find a body with bullet holes in it. At this point the officers have the "body of the crime." |
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| The method in which the crime is done. Ex: At the scene of a crime, a car is found smashed with a sledge hammer. This is the MO of the crime. |
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| A serious crime-- the punishment for which is usually one year or more in prison, or death. Ex: Rape is a felony. |
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| A less serious crime than a felony-- the punishment for which is usually a fine or imprisonment for less than one year. Ex: Vandalism is a misdemeanor. |
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| Crimes less serious than normal misdemeanors-- involve only a fine. Ex: A traffic violation is an infraction. |
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| A person who has been named as a defendant in a criminal action/ a person suspected and charged with committing a crime. Ex: In the case "People vs. John Smith," Josh Smith is the accused. He is the defendant in a criminal case. |
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| Anyone who actually participated in the commission of a crime. Ex: Jeff held thegfun while his partner Anne robbed the cash register. Both are principals. |
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| Someone who helps in the commission of a crime. Ex: Jeff encouraged Anne to rob a bank and supplied her with the bank diagrams. He can be charged as an aider and abettor. |
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| Someone who aids in the commission of a crime and is liable for the same crime which the defendant is charged. Ex: Anne and Jeff robbed a bank. Anne was Jeff's accomplice, and both can be charged with the crime. |
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| Someone who shared criminal guilt in the crime but was not present when the crime was committed. Ex: Jeff presented Anne with the plans to the bank and encouraged her to commit the crime, but was not present at the scene. He is an accessory. |
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| The person who actually commits the crime. Ex: Jeff robbed a bank; he is the perpetrator. |
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| The mindset required to commit a crime; the mental formation of a purpose to accomplish an act which is illegal. Ex: Jeff needed money, so he pulls a gun and forces an innocent person to give him his wallet. He intended to commit the crime of robbery (this was his mindset). |
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| "Guilty mind." It means the person formed the required criminal intent. Ex: A four-year-old finds a loaded gun and accidently shoots his brother. He lacks the ability to form a criminal intent. Therefore, there is no mens rea, and so no crime. |
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| Means that the person had prior knowledge than an act would be wrongful. Ex: Jeff was found with cash and a bank plan from a recently robbed bank. The criminal complaint will charge Jeff with scienter-- because he knew the act was wrong, and that he planned the crime beforehand. |
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| A complex legal definition indicating the person has a mental illness; he or she lacks the capacity to totally or partially form criminal intent. Ex: Jeff kills someone but because of a serious mental defect, he is unable to understand that the act is wrong. He would not be convicted of murder. |
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| "Not of sound mind;" indicates the person is insane or mentally unsound. Ex: Jeff is non compos mentis and therefore can't enter into a contract or form the necessary guilty mind to commit a crime. |
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| A defense to a crime that argues that the defendant was somewhere else instead of at the scene of the crime (meaning the defendant could not have committed the crime). Ex: Jeff is accused of robbing a gas station. But he introduces an alibi that he was at a party 100 miles away at the time, and produces testimony from people who saw him there. Therefore, he couldn't have been involved in the robbery. |
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| Means that a person is a habitual criminal who can't be rehabilitated into leading a law abiding life. Ex: Jeff, age 17, has been arrested 8 times for major crimes. He is cosidered incorrigble (mostly used to describe minors). |
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| A repeat offender; the so-called habitual criminal. Ex: Jeff is being tried for robbery. Because he committed the same offense a year ago, he is condiered a recidivist (known as a career criminal in CA) |
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| The rule of law which holds that a person can't be subject to prosecution twice for the same crime. Ex: In the movie "Double Jepordy," the wife, who was wrongly accused of killing her husband --- but he didn't really die --- set out to kill him for real this time, knowing that she couldn't be tried for the same offense twice. |
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| A defense to a criminal act caused by government officers inducing a person to commit the crime. Ex: A senator is charged for selling legislation for money. He tries to argue entrapment, saying that he wouldn't have made the offer unless the government had encouraged him to do so. |
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| A rule that holds that people can't be forced to testify against themselves or be forced to offer evidence that can be used against them. Ex: Jeff is accused of murder. As his case is being tried, he can not be forced to testify against himself. |
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| A state of mind characterized by the intent to injure another or the intent to commit a criminal act. Ex: Jeff carefully stalked someone for 10 blocks before killing them. By following the person for so long, the Court can probably infer a premeditated act, made with malice, which would warrant a finding of murder. |
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| A minor who in most cases will not be treated as an adult. Ex: A 10-year-old robs Jeff and is caught. Because of his age, he is tried as a juvenile in court. |
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