CLASSIFICATIONS & SYSTEMS (State vs. Federal)
This classification of crime is a major offense punishable by imprisonment or death, like murder or arson.
What is a felony?
The two essential elements that must be proven to establish a crime.
What are the criminal act and the required state of mind?
The unlawful touching of another person, which can include spitting in someone's face or commanding a dog to attack.
What is battery?
The unlawful taking and carrying away of personal property with the intent to deprive the owner of it.
What is larceny (or stealing)?
The government attorney who presents the case in court against the person accused of a crime.
What is the prosecutor?
These are less serious crimes, such as lying about one's age to buy alcohol or driving without a license.
What is a misdemeanor?
This criminal defense is used when a law enforcement officer induces a law-abiding citizen to commit a crime they otherwise wouldn't have.
What is entrapment?
The unlawful killing of another human being without malice aforethought.
What is manslaughter?
The wrongful taking of another's property by a person who has been entrusted with that property, like a cashier taking money from the register.
What is embezzlement?
The person or party accused of a crime.
What is the defendant?
This type of criminal law is created by states using their inherent police power to protect health, safety, welfare, and morals.
What is state criminal law?
This legal concept plays no part in proving criminal liability, even though movie detectives often make it a crucial part of their case.
What is motive?
This type of homicide takes place when one person intends to kill another but does so suddenly as the result of great personal distress (sudden rage).
What is voluntary manslaughter?
The wrongful taking and carrying away of personal property through violence or threats.
What is robbery?
The crime of using symbols, writings, or words to cause fear or anger in people because of their race, religion, or gender.
What is a hate crime?
The source of power for the federal government to create criminal statutes, requiring some sort of interstate activity.
What is the Commerce Clause?
A person must try to retreat before resorting to force when claiming this defense, unless the attack occurs in their own home.
What is self-defense?
This serious offense is defined as the unlawful removal or restraint of a person against his or her will.
What is kidnapping?
The willful and malicious burning of a building, requiring that some portion of the material must actually be charred.
What is arson?
The legal principle guaranteed by the Fifth Amendment that prevents a person from being tried twice for the same crime.
What is double jeopardy?
This is the only crime named and defined in the U.S. Constitution, requiring either a confession in open court or two witnesses to the same act.
What is Treason?
The oldest legal test for this defense, which requires the defendant not to have known the nature or moral inappropriateness of the act.
What is the M'Naghten Rule (or the defense of insanity)?
The unlawful killing of another human being with malice aforethought, often divided into first- and second-degree categories.
What is murder?
This crime is defined today as breaking and entering with the intent to commit a felony or misdemeanor, even when raising a partially opened window.
What is burglary?
This crime is an attempt to commit a battery; pointing a gun at someone is an example.
What is assault?