Law Dictionary
	Search:

crimes against persons A category of criminal offenses in which the perpetrator uses or threatens to use force. Examples include murder, rape, aggravated assault, and robbery. Also termed crimes against the person. Cf. offense against the person under OFFENSE (1).

crimes against property A category of criminal offenses in which the perpetrator seeks to derive an unlawful benefit from or do damage to - another's property without the use or threat offorce. Examples include burglary, theft, and arson (even though arson may result in injury or death). - Also termed property crimes. Cf. offense against property under OFFENSE (1).

crimina extraordinaria (krim-a-na ek-stror-da-nair-ee-a). [Latin]. Roman law. Extraordinary crimes; crimes not brought before a quaestio perpetua. These crimes carried no fixed penalty and were punished according to the judge's discretion.

criminal 1. Having the character of a crime; in the nature of a crime <criminal mischief>. 2. Connected with the administration of penal justice <the criminal courts>.

criminal- 1. One who has committed a criminal offense. 2. One who has been convicted of a crime.

criminal action An action instituted by the government to punish offenses against the public.

criminal action- See ACTION (4).

criminal anarchy A doctrine advocating the overthrow of organized government by force or violence, by assassinating a head of government, or by some other unlawful act . Most states have laws limiting speech that incites criminal anarchy. The laws do not apply to abstract philosophical expressions or predictions orlike expressions protected by the First and Fourteenth Amendments. Criminalanarchy statutes (e.g., 18 USCA § 2385) apply only to speech that is calculated to induce forceful and violent activity, such as attempts to incite people to riot, or that otherwise generates some "clear and present danger" that the advocated violent overthrow may be attempted or accomplished. See Gitlow v. New York, 268 U.S. 652, 666, 45 S.Ct. 625, 630 (1925).

criminal anarchy- See ANARCHY.

criminal anthropology See CRIMINOLOGY.

criminal assault An assault considered as a crime and not as a tort. This term isolates the legal elements that give rise to criminal liability even though the act might also have been tortious.

criminal assault- See ASSAULT.

criminal attempt See ATTEMPT.

criminal bankruptcy See bankruptcy fraud under FRAUD.

criminal battery See BATTERY (1).

criminal behavior Conduct that causes social harm and is defined and punished by law.

criminal capacity he mental ability that a person must possess to be held accountable for a crime; the ability to understand right from wrong. See INSANITY; INFANCY.

criminal capacity- See CAPACITY (3).

criminal charge See CHARGE (1).

criminal code See PENAL CODE.

criminal coercion Coercion intended to restrict another's freedom of action by: (1) threatening to commit a criminal act against that person; (2) threatening to accuse that person of having committed a criminal act; (3) threatening to expose a secret that either would subject the victim to hatred, contempt, or ridicule or would impair the victim's credit or goodwill, or (4) taking or withholding official action or causing an official to take or withhold action.

criminal coercion- See COERCION.

criminal conspiracy See CONSPIRACY.

criminal contempt An act that obstructs justice or attacks the integrity of the court. A criminalcontempt proceeding is punitive in nature. The purpose of criminal-contempt proceedings is to punish repeated or aggravated failure to comply with a court order. All the protections of criminal law and procedure apply, and the commitment must be for a definite period. Also termed common-law contempt. "Criminal contempt is a crime in the ordinary sense; it is a violation of the law, a public wrong which is punishable by fine or imprisonment or both." Bloom v. Illinois, 391 U.S. 194,201,88 S.Ct. 1477, 1481 (1968).

criminal contempt- See CONTEMPT.

criminal conversation A tort action for adultery, brought by a husband against a third party who engaged in sexual intercourse with his wife. Criminal conversation has been abolished in most jurisdictions. - Abbr. crim. con. See HEARTBALM STATUTE. "An action (whether of trespass or case is uncertain, but probably trespass) formerly lay against one who had committed adultery with the wife of the plaintiff. It was known as an action for criminal conversation. The wife's consent was irrelevant. The action was distinct from that of entice· ment: one may commit adultery without enticing a wife away from her husband. The action was no doubt a necessity when divorce could only be obtained by Act of Parliament: as Parliament was not a tribunal suitable for trying allegations of adultery it was reasonable to require the petitioner to establish the truth of his allegations before a court of law. The action might also have been justified on the ground that the plaintiff is in substance complaining of the invasion of privacy of his marriage, and the insult thereby caused to his honour as a husband." R.F.V. Heuston, Salmond on the Law of Torts 358 (17th ed. 1977).

criminal court A court with jurisdiction over criminal matters.

criminal court- See COURT.

criminal damage to property 1. Injury, destruction, or substantial impairment to the use of property (other than by fire or explosion) without the consent of a person having an interest in the property. 2. Injury, destruction, or substantial impairment to the use of property (other than by fire or explOSion) with the intent to injure or defraud an insurer or lienholder. Cf. ARSON.

criminal defendant One who is accused in a criminal proceeding.

criminal desertion See DESERTION.

criminal desertion- One spouse's willful failure without just cause to provide for the care, protection, or support of the other spouse who is in ill health or needy circumstances.

criminal forfeiture See FORFEITURE.

criminal forfeiture- A governmental proceeding brought against a person to seize property as punishment for the person's criminal behavior.

criminal fraud See FRAUD.

criminal fraud- Fraud that has been made illegal by statute and that subjects the offender to criminal penalties such as fines and imprisonment. An example is the willful evasion of taxes accomplished by filing a fraudulent tax return. Cf. civil fraud; larceny by trick under LARCENY.

criminal homicide See HOMICIDE.

criminal homicide- 1. Homicide prohibited and punishable by law, such as murder or manslaughter. 2. The act of purposely, knowingly, recklessly, or negligently causing the death ofanother human being. Model Penal Code § 210.1. "Criminal homicide is everywhere divided into categories that reflect the historical distinction in English law between murder and manslaughter. American statutory formations have varied the terminology and the precise classifications; many statutes create more than two forms of criminal homicide, for purposes of definition and/or punishment. These variations notwithstanding, it is usually possible to discern a category that corresponds to the common-law crime of murder, the paradigm of which is a deliberate killing without legal justification or excuse, and a category that corresponds to the common-law crime of manslaugh ter and comprises killings that either are committed in circumstances which substantially mitigate their intentional aspect or are not intentional. In common speech as well as in the law, murder refers to the most serious criminal homicides, and manslaughterto those that may be serious crimes for which a substantial penalty is imposed but lack the special gravity of murder: Lloyd L. Weinreb, "Homicide: Legal Aspects," in 2 Encyclopedia of Crime and justice 855, 857 (Sanford H. Kadish ed., 1983).

criminal infringement See INFRINGEMENT.

criminal infringement The statutory criminal offense ofeither (1) willfully infringing a copyright to obtain a commercial advantage or financial gain (17 USCA § 506; 18 USCA § 2319), or (2) trafficking in goods or services that bear a counterfeit mark (18 USCA § 2320). Under the second category, the law imposes criminal penalties if the counterfeit mark is (1) identical with, or substantially indistinguishable from, a mark registered on the Principal Register of the U.S. Patent and Trademark Office, and (2) likely to confuse or deceive the public.

criminal instrument 1. Something made or adapted for criminal use. Model Penal Code § 5.06(1) (a). 2. Something commonly used for criminal purposes and possessed under circumstances showing an unlawful purpose. Model Penal Code § 5.06(I)(b). Also termed instrument of crime.

criminal intent 1. MENS REA. 2. An intent to commit an actus reus without any justification, excuse, or other defense. Also termed felonious intent. See specific intent. "The phrase criminal intent is one that has been bandied about with various meanings not carefully distinguished. At times it has been used in the sense of the intent to do wrong (the olltline of the mental pattern which is necessary for crime in general), as, for example, in the phrase the mental element commonly called criminal intent. At times it has been used in the sense of mens rea as the mental element requisite for guilt of the very offense charged, a varying state of mind which is the contrary of an innocent state of mind, whatever may be pointed out by the nature of the crime as an innocent state of mind. Often it is used to include criminal negligence as well as an actual intent to do the harmful deed, although at other times such negligence is referred to as a substitute, so to speak, for riminal intent in connection with certain offenses. Occasionally it is found in the sense of an intent to violate the law, - implying a knowledge of the law violated. On the other hand, as such knowledge is a factor not ordinarily required for conviction it has been pointed out that to establish ignorance of the law does not disprove criminal intent. Thus it has been said (assuming the absence of any circumstance of exculpation) whenever an act is criminal, the party doing the act is chargeable with criminal intent: ... This suggests a helpful guide for the use of the phrase criminal intent. Some other term such as mens rea or guilty mind should be employed for more general purposes, and criminal intent be restricted to those situations in which there is (1) an intent to do the actus reus, and (2) no circumstance of exculpation." Rollin M. Perkins & Ronald N. Boyce, Criminal Low 832-34 (3d ed. 1982).

criminal intent 1. See INTENT (1). 2. MENS REA.

criminal jurisdiction A courts power to hear criminal cases.

criminal jurisdiction See JURISDICTION.

criminal justice 1. The methods by which a society deals with those who are accused of having committed crimes. See LAW ENFORCEMENT (1). Cf. CIVIL JUSTICE. 2. The field of study pursued by those seeking to enter law enforcement as a profession. Many colleges oiter degrees in criminal justice, typically after two to four years of study. - Also termed (in sense 2) police science; law enforcement.

criminal law The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders. Also termed penal law. 'The criminal law represents the pathology of civilization." Morris R. Cohen, Reason and Law 70 (1961). "Often the term 'criminal law' is used to include all that is involved in 'the administration of criminal justice' in the broadest sense. As so employed it embraces three different fields, known to the lawyer as (1) the substantive criminal law, (2) criminal procedure, and (3) special problems in the administration and enforcement of criminal justice.... The phrase 'criminal law' is more commonly used to include only that part of the general field known as the substantive criminal law ...." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 1, 5 (3d ed. 1982).

criminal lawyer See LAWYER.

criminal letter Scots law. A summons.

criminal libel See LIBEL.

criminal miscarriage See ABORTION (1).

criminal mischief See MALICIOUS MISCHIEF.

criminal neglect of family See NONSUPPORT.

criminal negligence See NEGLIGE!IICE.

criminal nonsupport See NONSUPPORT.

criminal offense- See OFFENSE (1).

criminal operation ABORTION (1).

criminal plea See PLEA (1).

criminal policy The branch of criminal science concerned with protecting against crime. It draws on information provided by criminology, and its subjects for investigation are (1) the appropriate measures of social organization for preventing harmful activities, and (2) the treatment to be accorded to those who have caused harm, i.e., whether the offenders should receive warnings, supervised probation, or medical treatment, or whether they should suffer serious deprivations of life or liberty such as imprisonment or capital punishment.

criminal possession The unlawful possession of certain prohibited articles, such as illegal drugs or drug paraphernalia, firearms, or stolen property.

criminal possession See POSSESSION.

criminal procedure- The rules governing the mechanisms under which crimes are investigated, prosecuted, adjudicated, and punished. It includes the protection of accused persons' constitutional rights.

criminal proceeding A proceeding instituted to determine a person s guilt or innocence or to set a convicted person s punishment; a criminal hearing or trial.

criminal proceeding See PROCEEDING.

criminal process A process (such as an arrest warrant) that issues to compel a person to answer for a crime.

criminal process See PROCESS.

criminal prosecution See PROSECUTION (2).

criminal protector An accessory after the fact to a felony; one who aids or harbors a wrongdoer after the commission of a crime.

criminal registration See REGISTRATION (1).

criminal registration The requirement in some communities that any felon who spends any time in the community must register his or her name with the police. Since the late 19805, many states have adopted strict registration laws for convicted sex offenders. See MEGAN S LAW.

criminal responsibility 1. See RESPONSIBILITY (2). 2. See RESPONSIBILITY (3).

criminal sanction See SANCTION.

criminal sanction A sanction attached to a criminal conviction, such as a fine or restitution. Also termed penal sanction. "A criminal sanction ... is a legally authorized post-con viction deprivation suffered by a human being through governmental action. By using the words post-conviction in that definition, criminal sanctions are thus limited to those imposed upon defendants in criminal proceedings who, by reason or in consequence of ajudgment entered upon a verdict of gUilty found by ajury, or judge sitting without ajury (the latter having been legally waived), or upon a plea of guilty, or a plea of nolo contendere, stand conVicted." A Treatise on the Law of Crimes § 2.00. at 66 (Marian QUinn Barnes ed., 7th ed. 1967).

criminal science The study of crime with a view to discovering the causes ofcriminality, devising the most effective methods of reducing crime, and perfecting the means for dealing with those who have committed crimes. The three main branches of criminal science are criminology, criminal policy, and criminal law.

criminal sexual conduct in the first degree See FIRSTDEGREE SEXUAL CONDUCT.

criminal solicitation See SOLICITATION (2).

criminal statute A law that defines, classifies, and sets forth punish ment for one or more specific crimes. See PENAL CODE.

criminal statute See STATUTE.

criminal syndicalism Any doctrine that advocates or teaches the use of illegal methods to change industrial or political control.

criminal syndicalism See SYNDICALISM.

criminal term See TERM (5).

criminal trespass See TRESPASS.

criminal wrong See CRIME.

criminal-court judge See JUDGE.

criminal-court judge A judge who sits on a court with jurisdiction only over criminal matters.

criminal-instrumentality rule The principle that when a criminal act is committed, that act - rather than the victim's negligence that made the crime possible - will be considered to be the crime's proximate cause.

criminalism 1. A pathological tendency toward criminality. 2. Archaic. The branch of psychiatry dealing with habitual criminals.

criminalist (krim-a-nal-ist). 1. A person who practices criminalistics as a profession. 2. Archaic. One versed in criminal law. 3. Archaic. A psychiatrist who treats criminals. 4. Archaic. A habitual criminal.

criminalistics (krim-a-na-lis-tiks), n. The science of crime detection, usu. involving the subjection of physical evidence to laboratory analysis, including ballistic testing, blood-fluid and tissue analysis, and other tests. Cf. CRIMINOLOGY. - criminalistic, adj.

criminaliter (krim-a-nay-la-tar), adv. [Latin]. Criminally. Cf. CIVILITER (1).

criminality (krim-a-nal-a-tee). 1. The state or quality of being criminal. 2. An act or practice that constitutes a crime. See DOUBLE CRIMINALITY.

criminalization (krim-a-nal-a-zay-shan), n. 1. The act or an instance of making a previously lawful act criminal, usu. by passing a statute. Cf. DECRIMINALIZATION; CIVILIZATION. 2. The process by which a person develops into a criminal.

criminalize (krim-a-nal-iz), vb. To make illegal; to outlaw.

criminal-justice system The collective institutions through which an accused offender passes until the accusations have been disposed of or the assessed punishment concluded.o The system typically has three components: law enforcement (police, sheriffs, marshals), the judicial process (judges, prosecutors, defense lawyers), and corrections (prison officials, probation officers, and parole officers). Also termed law-enforcement system.

criminally negligent homicide- See negligent homicide.

criminally negligent homicide See negligent homicide under HOMICIDE.

criminal-referral form A form once required by federal regulatory authorities (from 1988 to 1996) for reporting every instance when a bank employee or affiliate committed or aided in committing a crime such as creditcard fraud, employee theft, or check-kiting. This form, like the suspicious-transaction report, has since been superseded by the suspicious-activity report. Abbr. CRF. See SUSPICIOUS-ACTIVITY REPORT.

criminate See INCRIMINATE.

crimination (krim-a-nay-shan), 1. INCRIMINATION. 2. An accusation or strong censure.

criminative (krim-a-nay-tiv), adj. Of, relating to, or involving incrimination or accusation. Cf. INFIRMATIVE.