Вы находитесь на странице: 1из 5

Actus reus -- sometimes called the external element or the objective element of a crime, is the

Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination
with the mens rea, "guilty mind", produces criminal liability in the common law
Aiding and abetting ---- is a legal doctrine related to the guilt of someone who aids or abets in
the commission of a crime. It exists in a number of different countries and generally allows a
court to pronounce someone guilty for aiding and abetting in a crime even if they are not the
principal offender.
Arraignment -- is a formal reading of a criminal charging document in the presence of the
defendant to inform the defendant of the charges against him or her.
Arrest warrant -- is a warrant issued by a judge on behalf of the state, which authorizes the
arrest and detention of an individual, or the search and seizure of an individuals property.
Attempt --- in criminal law is an offense that occurs when a person comes dangerously close to
carrying out a criminal act, and intends to commit the act, but does not in fact commit it. !he
person may have carried out all the necessary steps "or thought they had# but still failed, or the
attempt may have been abandoned or prevented at a late stage. !he attempt must have gone
beyond mere planning or preparation, and is distinct from other inchoate offenses such as
conspiracy to commit a crime or solicitation of a crime.
Attorneyclient privilege --- is a legal concept that protects certain communications between a
client and his or her attorney and $eeps those communications confidential.
!he attorney%client privilege is one of the oldest recognized privileges for confidential
communications.&'( !he )nited *tates *upreme +ourt has stated that by assuring confidentiality,
the privilege encourages clients to ma$e "full and fran$" disclosures to their attorneys, who are
then better able to provide candid advice and effective representation
Bribery --- is an act of giving money or gift giving that alters the behavior of the recipient,
where the gift is of a dishonest nature. ,ribery constitutes a crime and is defined by ,lac$s Law
-ictionary as the offering, giving, receiving, or soliciting of any item of value to influence the
actions of an official or other person in charge of a public or legal duty.
Burglary --- "also called brea$ing and entering&'( and sometimes housebrea$ing#&.( is a crime,
the essence of which is illegal entry into a building for the purposes of committing an offence.
)sually that offence will be theft
Crime --- In ordinary language, the term crime denotes an unlawful act punishable by a state.
criminal conspiracy --- is an agreement between two or more persons to commit a crime at
some time in the future.&'( +riminal law in some countries or for some conspiracies may re/uire
that at least one overt act must also have been underta$en in furtherance of that agreement, to
constitute an offense. !here is no limit on the number participating in the conspiracy and, in most
countries, no re/uirement that any steps have been ta$en to put the plan into effect "compare
attempts which re/uire proximity to the full offence#. 0or the purposes of concurrence, the actus
reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy
can be charged where the co-conspirators have been ac/uitted or cannot be traced.
Fraud --- is a deception deliberately practiced in order to secure unfair or unlawful gain
Cruel and unusual punishment --- is a phrase describing punishment that is considered
unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to it.
!here are generally tests that can serve as a guide to what cruel and unusual punishment is
according to various legal textboo$s in accordance with the law. !hese are1 '# the fre/uency at
which the punishment occurs in society, .# overall acceptance in society, 2# severity "i.e., the
punishment fits the crime#, and 3# if the punishment is arbitrary
Double Jeopardy Clause --- of the 0ifth 4mendment to the )nited *tates +onstitution provides1
"&5(or shall any person be subject for the same offence to be twice put in jeopardy of life or limb
. . . ."&'( !he four essential protections included are prohibitions against, for the same offense1
retrial after an ac/uittal6
retrial after a conviction6
retrial after certain mistrials6
and multiple punishment
Embezzlement --- is the act of dishonestly withholding assets for the purpose of conversion
"theft# of such assets by one or more individuals to whom such assets have been entrusted, to be
held and7or used for other purposes
eclusionary rule --- is a legal principle in the )nited *tates, under constitutional law, which
holds that evidence collected or analyzed in violation of the defendants constitutional rights is
sometimes inadmissible for a criminal prosecution in a court of law.
Etortion --- "also called sha$edown, outwresting, and exaction# is a criminal offense of
obtaining money, property, or services from a person, entity, or institution, through coercion.
!elony --- in some common law countries, means a serious crime.
Forgery --- is the process of ma$ing, adapting, or imitating objects, statistics, or documents with
the intent to deceive or ma$e usually large amounts of money by selling the forged item. +opies,
studio replicas, and reproductions are not considered forgeries, though they may later become
forgeries through $nowing and willful misrepresentations. 0orging money or currency is more
often called counterfeiting. ,ut consumer goods may also be counterfeits if they are not
manufactured or produced by the designated manufacture or producer given on the label or
flagged by the trademar$ symbol. 8hen the object forged is a record or document it is often
called a false document.
hung "ury --- or deadloc$ed jury is a jury that cannot, by the re/uired voting threshold, agree
upon a verdict after extended deliberation and is unable to change its votes
#mmunity !rom prosecution --- is a doctrine of international law that allows an accused to
avoid prosecution for criminal offences. Immunities are of two types. !he first is functional
immunity, or immunity ratione materiae. !his is an immunity granted to people who perform
certain functions of state. !he second is personal immunity, or immunity ratione personae. !his
is an immunity granted to certain officials because of the office they hold, rather than in relation
to the act they have committed.
indictment --- in the common law system, is a formal accusation that a person has committed a
crime.
$arceny --- generally refers to nonviolent theft. !he unauthorized ta$ing and removal of the
9ersonal 9roperty of another by an individual who intends to permanently deprive the owner of
it6 a crime against the right of possession.
mail and wire !raud --- is any fraudulent scheme to intentionally deprive another of property or
honest services via mail or wire communication
%ens rea --- is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary
elements of some crimes. !he standard common law test of criminal liability is usually expressed
in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act is not culpable
unless the mind is guilty". !hus, in jurisdictions with due process, there must be an actus reus, or
"guilty act", accompanied by some level of mens rea to constitute the crime with which the
defendant is charged. 4s a general rule, criminal liability does not attach to a person who merely
acted with the absence of mental fault. !he exception is strict liability crimes.
misdemeanor --- is any "lesser" criminal act in some common law legal systems. :isdemeanors
are generally punished less severely than felonies,
penal code --- the codified body of the laws in any legal system that relate to crime and its
punishment
plea bargain --- is an agreement in a criminal case between the prosecutor and defendant
whereby the defendant agrees to plead guilty to a particular charge in return for some concession
from the prosecutor. !his may mean that the defendant will plead guilty to a less serious charge,
or to one of several charges, in return for the dismissal of other charges6 or it may mean that the
defendant will plead guilty to the original criminal charge in return for a more lenient sentence
&ossession o! stolen goods --- is a crime in which an individual has bought, been given, or
ac/uired stolen goods some other way "other than they themselves having stolen them#.
'obbery --- is the crime of ta$ing or attempting to ta$e something of value by force or threat of
force or by putting the victim in fear. 4t common law, robbery is defined as ta$ing the property
of another, with the intent to permanently deprive the person of that property, by means of force
or fear
search warrant --- is a court order issued by a magistrate, judge or *upreme +ourt official that
authorizes law enforcement officers to conduct a search of a person, location, or vehicle for
evidence of a crime and to confiscate evidence if it is found. 4 search warrant cannot be issued in
aid of civil process.
(el!-incrimination --- is the act of exposing oneself "generally, by ma$ing a statement# "to an
accusation or charge of crime6 to involve oneself or another &person( in a criminal prosecution or
the danger thereof."&'( *elf-incrimination can occur either directly or indirectly1 directly, by
means of interrogation where information of a self-incriminatory nature is disclosed6 indirectly,
when information of a self-incriminatory nature is disclosed voluntarily without pressure from
another person.
search and seizure --- !he 0ourth 4mendment to the ).*. +onstitution protects citizens and
criminal suspects from unreasonable searches of their property and persons, and prohibits police
officers from ma$ing unlawful arrests ""seizures"#.
violation --- is a breach of a law or of a code of behavior.
)hite collar crime --- refers to financially motivated nonviolent crime committed by business
and government professionals
corporate liability --- determines the extent to which a corporation as a legal person can be
liable for the acts and omissions of the natural persons it employs
*olo contendere --- is a legal term that comes from the Latin for "I do not wish to contend." It is
also referred to as a plea of no contest. In criminal trials in certain ).*. jurisdictions, it is a plea
where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading
of guilty or not guilty. 4 no-contest plea, while not technically a guilty plea, has the same
immediate effect as a guilty plea, and is often offered as a part of a plea bargain
%oney laundering --- is the process whereby the proceeds of crime are transformed into
ostensibly legitimate money or other assets.&'( ;owever, in a number of legal and regulatory
systems the term money laundering has become conflated with other forms of financial crime,
and sometimes used more generally to include misuse of the financial system
+rand the!t --- in the )nited *tates it is defined as intentional ta$ing property of others in an
amount exceeding the state statutory amount
petit the!t --- 4 criminal act in which property belonging to another is ta$en without that
persons consent.

Вам также может понравиться