abused child
A child who has been physically, sexually, or mentally abused. Most states also consider a child abused who is forced into delinquent activity by a parent or guardian.

acquittal
The judgment of a court, based on a verdict of a jury or a judicial officer, that the defendant is not guilty of the offense(s) for which he or she has been tried.

actus reus
An act in violation of the law; a guilty act.

adjudication
The process by which a court arrives at a decision regarding a case; also, the resultant decision.

adjudicatory hearing
In juvenile justice usage, the fact-finding process wherein the juvenile court determines whether or not there is sufficient evidence to sustain the allegations in a petition.

ADMAX
Administrative maximum; the term used by the federal government to denote ultra—high-security prisons.

admission (corrections)
In correctional usage, the entry of an offender into the legal jurisdiction of a corrections agency and/or physical custody of a correctional facility.

adult
In criminal justice usage, a person who is within the original jurisdiction of a criminal, rather than a juvenile, court because his or her age at the time of an alleged criminal act was above a statutorily specified limit.

adversarial system
The two-sided structure under which American criminal trial courts operate and that pits the prosecution against the defense. In theory, justice is done when the most effective adversary is able to convince the judge or jury that their perspective on the case is the correct one.

aftercare
In juvenile justice usage, the status or program membership of a juvenile who has been committed to a treatment or confinement facility, conditionally released from the facility, and placed in a supervisory and/or treatment program.

aggravated assault
Unlawful intentional causing of serious bodily injury with or without a deadly weapon, or unlawful intentional attempting or threatening of serious bodily injury or death with a deadly or dangerous weapon.

aggravating circumstances
Circumstances relating to the commission of a crime which cause its gravity to be greater than that of the average instance of the given type of offense.

alias
Any name used for an official purpose that is different from a person’s legal name.

alter ego rule
A rule of law that, in some jurisdictions, holds that a person can only defend a third party under circumstances and only to the degree that the third party could act on their own behalf.

alternative sanctions.
See intermediate sanctions.

appeal
Generally, the request that a court with appellate jurisdiction review the judgment, decision, or order of a lower court and set it aside (reverse it) or modify it; also, the judicial proceedings or steps in judicial proceedings resulting from such a request.

appearance (court)
The act of coming into a court and submitting to the authority of that court.

appellant
The person who contests the correctness of a court order, judgment, or other decision and who seeks review and relief in a court having appellate jurisdiction, or the person in whose behalf this is done.

appellate court
A court of which the primary function is to review the judgments of other courts and of administrative agencies.

appellate jurisdiction
The lawful authority of a court to review a decision made by a lower court.

arraignment
I. Strictly, the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge(s) and of his or her rights, and the defendant is required to enter a plea. II. In some usages, any appearance in court prior to trial in criminal proceedings.

arrest
Taking an adult or juvenile into physical custody by authority of law, for the purpose of charging the person with a criminal offense or a delinquent act or status offense, terminating with the recording of a specific offense.

arrest (UCR)
In Uniform Crime Reports terminology, all separate instances where a person is taken into physical custody or notified or cited by a law enforcement officer or agency, except those relating to minor traffic violations.

arrest rate
The number of arrests reported for each unit of population.

arrest warrant
A document issued by a judicial officer which directs a law enforcement officer to arrest an identified person who has been accused of a specific offense.

arson
The intentional damaging or destruction or attempted damaging or destruction, by means of fire or explosion of the property of another without the consent of the owner, or of one’s own property or that of another with intent to defraud.

arson (UCR)
In Uniform Crime Reports terminology, the burning or attempted burning of property with or without intent to defraud.

assault
Unlawful intentional inflicting, or attempted or threatened inflicting, of injury upon the person of another.

assault on a law enforcement officer
A simple or aggravated assault, where the victim is a law enforcement officer engaged in the performance of his or her duties.

Ashurst-Sumners Act
1935 federal legislation which effectively ended the industrial prison era by restricting interstate commerce in prison-made goods.

atavism
A condition characterized by the existence of features thought to be common in earlier stages of human evolution.

attendant circumstances
The facts surrounding an event.

attorney
A person trained in the law, admitted to practice before the bar of a given jurisdiction, and authorized to advise, represent, and act for other persons in legal proceedings.

Auburn style
A form of imprisonment developed in New York state around 1820 that depended upon mass prisons, where prisoners were held in congregate fashion. This style of imprisonment was a primary competitor with the Pennsylvania style.

Battered Woman's Syndrome (BWS);
also Battered Person's Syndrome
a condition characterized by a history of repetitive spousal abuse and learned helplessness — or the subjective inability to leave an abusive situation. BWS has been defined by California courts as "a series of common characteristics that appear in women who are abused physically and psychologically over an extended period of time by the dominant male figure in their lives; a pattern of psychological symptoms that develop after somebody has lived in a battering relationship; or a pattern of responses and perceptions presumed to be characteristic of women who have been subjected to continuous physical abuse by their mates."

battery
1. unlawful physical violence inflicted upon another without his or her consent; 2. an intentional and offensive touching or wrongful physical contact with another without consent, that results in some injury or offends or causes discomfort.

bigamy
the crime of marrying one person while still legally married to another person.

bodily injury
in general usage the term refers to physical harm to a human being. In cases of assault and battery, however, the term refers to the unlawful application of physical force upon the person of the victim -- even when no actual physical harm results.

blackmail
a form of extortion in which a threat is made to disclose a crime or other social disgrace.

brain death
death determined by a "flat" reading on an electroencephalograph (EKG), usually after a 24-hour period, or by other medical criteria.

breach of peace
any unlawful activity that unreasonably disturbs the peace and tranquillity of the community. Also, "an act calculated to disturb the public peace"

bribery
"the offense of giving or receiving a gift or reward intended to influence a person in the exercise of a judicial or public duty."

buggery
a term which has generally been understood to mean anal intercourse.

burden of proof
the mandate, operative in American criminal courts, that an accused person is assumed innocent until proven guilty, and which tasks the prosecution with proving the defendant's guilt beyond a reasonable doubt.

burglary
the breaking and entering of a building, locked automobile, boat, etc. with the intent to commit a felony or theft. Also, the entering of a structure for the purposes of committing a felony or theft offense.

but-for rule
a method for determining causality which holds that "without this, that would not be," or "but for the conduct of the accused, the harm in question would not have occurred."

capital murder
murder for which the death penalty is authorized by law.

capital punishment
the imposition of a sentence of death.

career offender
under federal sentencing guidelines, a person who (1) is at least 18 years old at the time of the most recent offense; (2) is convicted of a felony that is either a crime of violence or a controlled substance offense; (3) has at least two prior felony convictions of either a crime of violence or a controlled substance offense.

case law
the body of previous decisions, or precedents, which have accumulated over time and to which attorneys refer when arguing cases, and which judges use in deciding the merits of new cases.

castle exception
an exception to the retreat rule that recognizes a persons' fundamental right to be in his or her home, and also recognizes the home as a final and inviolable place of retreat. Under the castle exception to the retreat rule it is not necessary to retreat from one's home in the face of an immediate threat, even where retreat is possible, before resorting to deadly force in protection of the home.

causation in fact
an actual link between an actor's conduct and a result.

civil law
that form of the law that governs relationships between parties.

claim of right
a defense against a charge of larceny, consisting of an honest belief in ownership, or right to possession.

clear and convincing evidence
evidence that establishes the reasonable certainty of a claim. It is a standard less than that of proof "beyond a reasonable doubt," but greater than that required by a "preponderance of the evidence" standard.

code jurisdictions
those states that have enacted legislation recognizing as criminal only that conduct specifically prohibited by statute.

common law
law originating from usage and custom rather than from written statutes. The term refers to non-statutory customs, traditions, and precedents that help guide judicial decision making.

common law states
jurisdictions in which the principles and precedents of common law continue to hold sway.

community service
a sentencing alternative that requires offenders to spend at least part of their time working for a community agency.

competent to stand trial
a finding by a court, when a defendant's mental competency to stand trial is at issue, that the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, and that he has a rational as well as factual understanding of the proceedings against him.

complicity
involvement in crime either as principal or accomplice. The term also refers to the activities of conspirators, and may therefore be taken to mean the conduct on the part of a person that is intended to encourage or aid another person in the commission of a crime, assist in an escape, or avoid prosecution.

compounding a crime
also known as compounding a felony, "consists of the receipt of property or other valuable consideration in exchange for an agreement to conceal or not prosecute one who has committed a crime."

computer crime
crime which employs computer technology as central to its commission, and which could not be committed without such technology. See also, cybercrime.

computer fraud
a statutory provision, found in many states, which makes it unlawful for any person to use a computer or computer network without authority and with the intent to (a) obtain property or services by false pretenses; (b) embezzle or commit larceny; or (c) convert the property of another.

computer tampering
the illegal insertion or attempt to insert a "program" into a computer, while knowing or believing that the "program" contains information or commands that will or may damage or destroy that computer (or its data), or any other computer (or its data) accessing or being accessed by that computer, or that will or may cause loss to the users of that computer or the users of a computer which accesses or which is accessed by such "program."

computer trespass
the offense of using a computer or computer network without authority and with the intent to (a) remove computer data, computer programs or computer software from a computer or computer network; (b) cause a computer to malfunction; (c) alter or erase any computer data, computer programs or computer software; (d) effect the creation or alteration of a financial instrument or of an electronic transfer of funds; (e) cause physical injury to the property of another; or (f) make or cause to be made an unauthorized copy of data stored on a computer, or of computer programs or computer software.

concealed weapon
one that is carried on or near one's person and is not discernible by ordinary observation.

concurrence
the simultaneous coexistence of an act in violation of the law, and a culpable mental state.

concurrent sentence
one of two or more sentences imposed at the same time after conviction for more than one offense and to be served at the same time.

conduct
in the criminal law, behavior and its accompanying mental state.

consecutive sentence
one of two or more sentences imposed at the same time, after conviction for more than one offense, and which is served in sequence with the other sentences.

consent
a justification offered as a defense to a criminal charge which claims that the person suffering an injury either agreed to sustain the injury, or that the possibility of injury in some activity was agreed to before that activity was undertaken.

conspiracy
see criminal conspiracy.

constructive entry
in the crime of burglary, one that occurs when the defendant causes another person to enter a structure to commit the crime or achieve a felonious purpose.

constructive possession
the ability to exercise control over property and objects, even though they are not in one's physical custody.

constructive touching
a touching which is inferred or implied from prevailing circumstances. Also, a touching for purposes of the law.

controlled substance
a specifically defined bioactive or psychoactive chemical substance which comes under the purview of the criminal law.

conversion
unauthorized assumption of the right of ownership. Conversion is a central feature of the crime of embezzlement, as in the unlawful conversion of the personal property of another, by a person to whom it has been entrusted.

corpus delicti
The "body of crime." Facts which show that a crime has occurred.

crime
any act or omission prohibited by public law, committed without defense or justification, and made punishable by the state in a judicial proceeding in its own name.

crime against nature
a general term which can include homo- or heterosexual acts of anal intercourse, oral intercourse, and bestiality, and which may even apply to heterosexual intercourse in "positions" other than the generally accepted "missionary" position.

criminal conspiracy
an agreement between two or more persons to commit or to effect the commission of an unlawful act, or to use unlawful means to accomplish an act that is not unlawful.

criminal contempt
deliberate conduct calculated to obstruct or embarrass a court of law. Also, conduct intended to degrade the role of a judicial officer in administering justice.

criminal homicide
The purposeful, knowing, reckless, or negligent causing of the death of one human being by another. Also, that form of homicide for which criminal liability may be incurred. Criminal homicide may be classified as murder, manslaughter, or negligent homicide

criminal law
that body of rules and regulations that defines and specifies punishments for offenses of a public nature, or for wrongs committed against the state or society; also called penal law.

criminal liability
the degree of blameworthiness assigned to a defendant by a criminal court, and the concomitant extent to which the defendant is subject to penalties prescribed by the criminal law.

criminal mischief
the intentional or knowing damage or destruction of the tangible property of another.

criminal negligence
1.) behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences; 2.) negligence of such a nature and to such a degree that it is punishable as a crime; 3.) flagrant and reckless disregard for the safety of others, or willful indifference to the safety and welfare of others.

criminal sexual conduct
a gender-neutral term which is applied today to a wide variety of sex offenses, including rape, sodomy, criminal sexual conduct with children, and deviate sexual behavior.

criminal simulation
the making of a false document or object that does not have any apparent legal significance.

criminal solicitation
the encouraging, requesting, or commanding of another person to commit a crime.

criminal syndicalism
advocating the use of unlawful acts as a means of accomplishing a change in industrial ownership, or to control political change.

criminal trespass
the entering or remaining on the property or in the building of another when entry was forbidden or; having received notice to depart, failing to do so.

criminalize
to make criminal. To declare an act or omission to be criminal or in violation of a law making it so.

criminally negligent homicide
homicide which results from criminal negligence.

culpable ignorance
the failure to exercise ordinary care to acquire knowledge of the law or of facts which may result in criminal liability.

cybercrime
crime which employs computer technology as central to its commission, and which could not be committed without such technology. Another word for computer crime.

dangerous proximity test
A test for assessing attempts, under which a person is guilty of an attempt when his or her conduct comes dangerously close to success.

deadly force
force likely to cause death or great bodily harm.

defense
evidence and arguments offered by a defendant and his or her attorney(s) to show why that person should not be held liable for a criminal charge.

degree
the level of seriousness of an offense.

depraved heart murder
(1) unjustifiable conduct which is extremely negligent, and which results in the death of a human being, or (2) the killing of a human being with extreme atrocity.

designer drugs
chemical substances which have a potential for abuse similar to or greater than that for controlled substances, but which are designed to produce a desired pharmacological effect and to evade the controlling statutory provisions.

determinate sentencing
(also presumptive or fixed sentencing)
a model for criminal punishment which sets one particular punishment, or length of sentence, for each specific type of crime. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars.

deterrence
a goal of criminal sentencing which seeks to prevent others from committing crimes similar to the one for which an offender is being sentenced.

deviate sexual intercourse
any contact between any part of the genitals of one person and the mouth or anus of another.

diminished capacity
also diminished responsibility
a defense based upon claims of a mental condition which may be insufficient to exonerate a defendant of guilt, but that may be relevant to specific mental elements of certain crimes or degrees of crime.

disorderly conduct
specific, purposeful, and unlawful behavior that tends to cause public inconvenience, annoyance, or alarm.

disturbance of public assembly
a crime that occurs when any person(s) acts(s) unlawfully at a public gathering collected for a lawful purpose in such a way as to purposefully disturb the gathering.

driving under the influence (DUI)
unlawfully operating a motor vehicle while under the influence of alcohol or drugs. See also, driving while intoxicated (DWI).

driving while intoxicated (DWI)
unlawfully operating a motor vehicle while under the influence of alcohol. See also, driving under the influence (DUI).

drug
a generic term applicable to a wide variety of substances having any physical or psychotropic effect upon the human body.

DSM-IV
The fourth edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. The DSM-IV lists 12 major categories of mental disorder.

due process of law
those procedures which effectively guarantee individual rights in the face of criminal prosecution; the due course of legal proceedings according to the rules and forms which have been established for the protection of private rights; formal adherence to fundamental rules for fair and orderly legal proceedings.

duress
or compulsion
a condition under which one is forced to act against one's will.

Durham Rule
also known as the product rule, holds that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or mental defect.

effective consent
also termed legal consent, is consent that has been obtained in a legal manner.

elements of crime
(1) the basic components of crime; (2) in a specific crime, the essential features of that crime as specified by law or statute.

embezzlement
the misappropriation of property already in possession of the defendant. Also, the unlawful conversion of the personal property of another, by a person to whom it has been entrusted by (or for) its rightful owner.

entrapment
an improper or illegal inducement to crime by agents of enforcement. Also, a defense that may be raised when such inducements occur.

equity
a sentencing principle, based upon concerns with social equality, which holds that similar crimes should be punished with the same degree of severity, regardless of the social or personal characteristics of offenders.

espionage
the unlawful act of spying for a foreign government.

excusable homicide
killing in a manner which the criminal law does not prohibit. Also, homicide that may involve some fault, but which is not criminal homicide.

express consent
verbally expressed willingness to engage in a specified activity.

excuses
a category of legal defenses in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

execution of public duty defense
a defense to a criminal charge (such as assault) which is often codified, and which precludes the possibility of police officers and other public employees from being prosecuted when lawfully exercising their authority.

extortion
the taking of personal property by threat of future harm.

false arrest
see false imprisonment.

false imprisonment
the unlawful restraint of another person's liberty. Also, the unlawful detention of a person without his or her consent. Sometimes called false arrest.

false pretenses
knowingly and unlawfully obtaining title to, and possession of, the lawful property of another by means of deception, and with intent to defraud. Also known as obtaining property by false pretenses.

federal interest computer
a computer exclusively for the use of a financial institution or the United States Government, or one which is used by or for a financial institution or the United States Government, or which is one of two or more computers used in committing the offense, not all of which are located in the same state.

fellatio
oral stimulation of the penis.

felony
a serious crime, generally one punishable by death or by incarceration in a state or federal prison facility as opposed to a jail.

felony murder rule
a rule that establishes murder liability for a defendant if he or she kills another person during the commission of certain felonies.

fighting words
utterances which are intended to provoke the person(s) at whom they are directed. Fighting words are not protected by the free speech clause of the First Amendment to the U.S. Constitution.

first degree murder
any willful, deliberate and premeditated killing.

fixtures
items that are permanently affixed to the land

forfeiture
an enforcement strategy supported by federal statutes and some state laws which authorizes judges to seize "all monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance…(and) all proceeds traceable to such an exchange."

forgery
the making of a false written instrument or the material alteration of an existing genuine written instrument.

forcible rape
rape that is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the victim.

fornication
voluntary sexual intercourse between two persons, one of whom is unmarried.

fleeing felon rule
a now defunct law enforcement practice that permitted officers to shoot a suspected felon who attempted to flee from a lawful arrest.

gambling
the wagering of money, or of some other thing of value, on the outcome or occurrence of an event.

general deterrence
a goal of criminal sentencing which seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced.

general intent
that form of intent that can be assumed from the defendant's behavior. General intent refers to an actor's physical conduct.

general intent crimes
those particular forms of voluntary behavior that are prohibited by law.

Golden Age of the Victim
an historical epoch during which victims had well recognized rights, including a personal say in imposing punishments upon apprehended offenders.

gross negligence
conscious disregard of one's duties, resulting in injury or damage to another.

guilty but mentally ill (GBMI)
equivalent to a finding of "guilty," a GBMI verdict establishes that "the defendant, although mentally ill, was sufficiently in possession of his faculties to be morally blameworthy for his acts."

habeas corpus
literally, "you have the body;" a writ challenging the legality of incarceration; or a writ ordering a prisoner to be brought before a court to determine the legality of the prisoner's detention.

habitual offender
a person sentenced under the provisions of a statute declaring that persons convicted of a given offense, and shown to have previously been convicted of another specified offense(s), shall receive a more severe penalty than that for the current offense alone.

harm
also resulting harm. Loss, disadvantage, or injury or anything so regarded by the person affected, including loss, disadvantage, or injury to any other person in whose welfare he is interested.

hidden costs of crime
the intangible impact of crime on victims, including such difficult to measure aspects of the victimization experience such as pain, suffering, and decreased quality of life.

home confinement
house arrest. Individuals ordered confined in their homes are sometimes monitored electronically to be sure they do not leave during the hours of confinement (absence from the home during working hours is often permitted).

homicide
the killing of a human being by the act, procurement, or omission of another human being.

ignorance of fact
lack of knowledge of some fact relating to the subject matter at hand.

ignorance of the law
a lack of knowledge of the law or of the existence of a law relevant to a situation at hand.

impossibility
a defense to a charge of attempted criminal activity that claims either that the defendant could not have factually or legally committed the envisioned offense even if he or she had been able to carry through the attempt to do so. It is, for example, factually impossible to kill someone who is already dead.

incapacitation
the use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses.

incest
unlawful sexual intercourse with a relative through blood or marriage.

inchoate crime
an unfinished crime that generally leads to another crime. Also, crimes that consist of actions that are steps toward another offense. Sometimes referred to as an anticipatory offense.

inciting a riot
the use of words or other means intended and calculated to provoke a riot.

incompetent to stand trial
a finding by a court that, as a result of a mental illness, defect or disability, a defendant is unable to understand the nature and object of the proceeding against him or to assist in the preparation of his own defense.

indecent exposure
public indecency. Specifically, the willful exposure of the private parts of one person to the sight of another person in a public place with the intent to arouse or gratify sexual desires. Also, the commission, in a place accessible to the public, of (1) an act of sexual intercourse; (2) a lewd exposure of the sexual organs; (3) a lewd appearance in a state of partial or complete nudity; or (4) a lewd caress or indecent fondling of the body of another person.

indeterminate sentencing
a model of criminal punishment that builds upon the use of general and relatively unspecific sentences (such as a term of imprisonment of "from one to ten years").

infancy
also immaturity, a defense that makes the claim that certain individuals should not be held criminally responsible for their activities by virtue of youth.

infraction
sometimes called a summary offense; a violation of a state statute or local ordinance punishable by a fine or other penalty, but not by incarceration.

inherently dangerous
an act or course of behavior (usually a felony) which, by its very nature is likely to result in death or serious bodily harm to either the person involved in the behavior, or to someone else.

insanity
an affirmative defense to a criminal charge; a social and legal term (rather than a medical one) that refers to "a condition which renders the affected person unfit to enjoy liberty of action because of the unreliability of his behavior with concomitant danger to himself and others." Also, a finding by a court of law.

Insanity Defense Reform Act (IDRA)
Part of the 1984 Crime Control and Prevention Act, the IRDA mandated a comprehensive overhaul of the insanity defense as it operated in the federal courts, making insanity an affirmative defense to be proved by the defendant by clear and convincing evidence, and creating a special verdict of "not guilty by reason of insanity."

intangible property
property that has no intrinsic value, but which represents something of value. Intangible personal property may include documents, deeds, records of ownership, promissory notes, stock certificates, software and intellectual property.

intensive supervision
a form of probation supervision involving frequent face-to-face contacts between the probationary client and probation officers.

intentional action
that which is undertaken volitionally to achieve some goal.

intermediate sanctions
also alternative sanctions, the use of split sentencing, shock probation and parole, home confinement, shock incarceration, and community service in lieu of other, more traditional, sanctions such as imprisonment and fines. Intermediate sanctions are becoming increasingly popular as prison crowding grows.

involuntary intoxication
intoxication which is not willful.

involuntary manslaughter
an unintentional killing for which criminal liability is imposed, but which does not constitute murder. Also, the unintentional killing of a person during the commission of a lesser unlawful act, or the killing of someone during the commission of a lawful act, which nevertheless results in an unlawful death.

Irresistible Impulse Test
a test for insanity which evaluates defense claims that, at the time the crime was committed, a mental disease or disorder prevented the defendant from controlling his or her behavior in keeping with the requirements of the law.

keeping a place of prostitution
knowingly granting or permits the use of place for the purpose of prostitution

kidnapping
the unlawful and forcible removal of a person from his or her residence or place of business. Also, an aggravated form of false imprisonment that is accompanied by either a moving or secreting of the victim.

knowing behavior
action undertaken with awareness.

knowing possession
possession with awareness (of what one possesses).

larceny
the trespassory taking and carrying away (asportation) of the personal property of another with intent to steal. Also, the wrongful taking of the personal property of another, with intent to steal.

lascivious
that which is obscene or lewd, or which tends to cause lust

last act test
in the crime of attempt, a test which asks whether the accused had taken the last step or act towards commission of the offense, and had performed all that he intended to do and was able to do in an attempt to commit the crime, but for some reason the crime was not completed.

law
that which is laid down, ordained, or established … a body of rules of action or conduct prescribed by controlling authority, and having binding legal force.

legal cause
a legally-recognizable cause. The type of cause that is required to be demonstrated in court in order to hold an individual criminally liable for causing harm.

legal consent
see effective consent.

lewd
obscene. Also, obscene behavior (lewdness).

loitering
the act of delaying, lingering, or to be idle about without lawful business for being present.

looting
burglary committed within an affected geographical area during an officially declared state of emergency, or during a local emergency resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster.

lynching
the taking, by means of riot, any person from the lawful custody of any peace officer.

mala in se
acts that are regarded, by tradition and convention, as wrong in themselves.

mala prohibita
acts that are considered "wrongs" only because there is a law against them.

malice aforethought
an "unjustifiable, inexcusable and unmitigated person-endangering-state-of-mind."

malice
a legal term which refers to the intentional doing of a wrongful act without just cause or legal excuse. In cases of homicide the term means "an intention to kill."

manslaughter
the unlawful killing of a human being without malice. Manslaughter differs from murder in that malice and premeditation are lacking. See also, voluntary manslaughter and involuntary manslaughter.

mayhem
intentional infliction of injury on another that causes the removal of, seriously disfigures, or impairs the function of a member or organ of the body.

mens rea
the specific mental state operative in the defendant at the time of a crime; a guilty mind.

mere possession
possession in which one may or may not be aware of what he or she possesses.

mere preparation
An act or omission that may be part of a series of acts or omissions constituting a course of conduct planned to culminate in the commission of a crime, but which fails to meet the requirements for a substantial step.
Also, preparatory actions or steps taken toward the completion of a crime that are remote from the actual commission of the crime.

misconduct in office
acts which a public office holder (1) has no right to perform, (2) performs improperly, (3) fails to perform in the face of an affirmative duty to act.

misdemeanor
a minor crime; an offense punishable by incarceration, usually in a local confinement facility, for a period of which the upper limit is prescribed by statute in a given jurisdiction, typically limited to a year or less.

misprision of felony
the failure to report a known crime; concealment of a crime.

misprison of treason
the concealment or nondisclosure of the known treason of another.

mistake of fact
misinterpretation, misunderstanding, or forgetfulness of a fact relating to the subject matter at hand; belief in the existence of a thing or condition that does not exist.

mistake of law
a misunderstanding or misinterpretation of the law relevant to a situation at hand.

mitigating factors
circumstances surrounding the commission of a crime which do not in law justify or excuse the act, but which in fairness may be considered as reducing the blameworthiness of the defendant. Also, those elements of an offense or of an offender's background that could result in a lesser sentence under the determinate sentencing model than would otherwise be called for by sentencing guidelines.

mixed sentence
one which requires that a convicted offender serve weekends (or other specified periods of time) in a confinement facility (usually a jail), while undergoing probation supervision in the community.

Model Penal Code
a model code of criminal laws intended to standardize general provisions of criminal liability, sentencing, defenses, and the definitions of specific crimes between and among the states. The Model Penal Code was developed by the American Law Institute.

moral enterprise
the activities of moral crusaders through which new laws are created.

moral entrepreneurs
those who work to enact desired legislation.

morals
ethical principles, or principles meant to guide human conduct and behavior; principles or standards of right and wrong.

morals offenses
a category of unlawful behavior that was originally created to protect the family and related social institutions. Included are crimes such as lewdness, indecency, sodomy, and other sex-related offenses such as seduction, fornication, adultery, bigamy, pornography, obscenity, cohabitation, and prostitution.

mores
unwritten but generally known rules that govern serious violations of the social code.

motive
a person's reason for committing a crime.

murder
The unlawful killing of a human being, carried out with malice or planned in advance. According to the common law, the killing of one human being by another with malice aforethought. See also criminal homicide.

National Crime Victimization Survey (NCVS)
a survey that is conducted annually by the Bureau of Justice Statistics (BJS), and which provides data on surveyed households that report they were affected by crime.

natural law
rules of conduct inherent in human nature and in the natural order which are thought to be knowable through intuition, inspiration, and the exercise of reason, without the need for reference to man-made laws.

necessity
a defense to a criminal charge that claims that it was necessary to commit some unlawful act in order to prevent or to avoid a greater harm.

negligent homicide
the killing of a human being by criminal negligence, or by the failure to exercise reasonable, prudent care. Also, a criminal offense committed by one whose negligence is the direct and proximate cause of another's death.

norms
unwritten rules that underlie and are inherent in the fabric of society.

not guilty by reason of insanity (NGRI)
one of a number of possible verdicts in a criminal trial where the defense of insanity is raised. Other possible verdicts include "guilty" and "not guilty."

NOVA
an acronym for the National Organization for Victims' Assistance.

NVC
an acronym for the National Victims' Center.

obscenity
"that which appeals to the prurient interest and lacks serious literary, artistic, political or scientific value."

omission to act
an intentional or unintentional failure to act which may impose criminal liability if a duty to act under the circumstances is specified by law.

ordinary negligence
the want of ordinary care, or negligence that could have been avoided if one had exercised ordinary, reasonable, or proper care.

outrageous government conduct
a kind of entrapment defense based upon an objective criterion involving "the belief that the methods employed on behalf of the Government to bring about conviction cannot be countenanced."

OVC
an acronym for the federal Office for Victims of Crime, established under the 1984 Victims of Crime Act (VOCA).

pandering
soliciting a person to perform an act of prostitution.

Part I Offenses
that group of offenses, also called major offenses or index offenses, for which the Uniform Crime Reports (UCR) publishes counts of reported instances, and which consists of murder, rape, robbery, aggravated assault, burglary, larceny, auto theft, and arson.

Part II Offenses
a group of 19 "lesser crimes" including forgery, fraud, embezzlement, vandalism, prostitution, drug abuse violations, etc., which are reported in the FBI's Uniform Crime Reports (UCR). Part II Offenses are counted only in terms of arrests (rather than as reported crimes).

parties to crime
all persons who take part in the commission of a crime, including those who aid and abet, and who are therefore criminally liable for the offense.

penal law
see criminal law.

perfect self-defense
a claim of self-defense that meets all of the generally accepted legal conditions for such a claim to be valid. Where deadly force is used perfect self-defense requires that, in light of the circumstances, the defendant reasonably believed it to be necessary to kill the decedent to avert imminent death or great bodily harm, and the defendant was not the initial aggressor nor was responsible for provoking the fatal confrontation.

perjury
the willful giving of false testimony under oath in a judicial proceeding. Also, false testimony given under any lawfully administered oath.

personal crime
also called violent crime, is a crime committed against a person, including (according to the FBI's UCR program) murder, rape, aggravated assault, and robbery.

personal property
anything of value that is subject to ownership that is not land nor fixtures.

personal trespass by computer
an offense in which a person uses a computer or computer network without authority and with the intent to cause physical injury to an individual.

physical proximity test
a test traditionally used under common law to determine whether a person was guilty of attempted criminal activity. The physical proximity test requires that the accused has it within his or her power to complete the crime almost immediately.

pimping
aiding, abetting, counseling, or commanding another in the commission of prostitution, or the act of procuring a prostitute for another.

plea bargaining
the process of negotiating an agreement between defendant, prosecutor, and the court as to what an appropriate plea and associated sentence should be in a given case.

plurality requirement
the logical and legal requirement that a conspiracy involve two or more parties.

pornography
"the depiction of sexual behavior in such a way as to excite the viewer sexually."

postcrime victimization
also, secondary victimization. Problems which follow from initial victimization, such as the loss of employment, medical bills, the insensitivity of family members, and others, etc.

precursor chemicals
chemicals that may be used in the manufacture of a controlled substance.

premeditated murder
murder that was planned in advance (however briefly) and willfully carried out.

premeditation
the act of deliberating or meditating upon, or planning, a course of action (i.e., a crime). For purposes of the criminal law, premeditation requires the opportunity for reflection between the time the intent to act is formed and the act is committed.

preponderance of the evidence
a standard for determining legal liability which requires a probability of just over 50% that the defendant did what is claimed.

present ability
as used in assault statutes, a term meaning that the person attempting assault is physically capable of immediately carrying it out.

principal in the first degree
a person whose acts directly result in the criminal misconduct in question.

principal in the second degree
any person who was present at the crime scene and who aided, abetted, counseled, or encouraged the principal.

principle of legality
an axiom which holds that behavior cannot be criminal if no law exists which defines it as such.

prize fighting
unlawful public fighting undertaken for the purpose of winning an award or a prize.

probation
a sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to an adjudicated or adjudged adult or juvenile offender, as long as the person meets certain conditions of behavior.

probative value
the worth of any evidence to prove or disprove the facts at issue.

procedural law
that aspect of the law that specifies the methods to be used in enforcing substantive law.

promoting prostitution
the statutory offense of (1) owning, controlling, managing, supervising, or otherwise keeping a house of prostitution; (2) procuring a person for a house of prostitution; (3) encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute; (4) soliciting a person to patronize a prostitute; (5) procuring a prostitute for another; or (6) transporting a person with the purpose of promoting that person's involvement in prostitution.

property crime
a crime committed against property, including (according to the FBI's UCR program) burglary, larceny, auto theft, and arson.

proportionality
a sentencing principle which holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed.

prostitution
"the offering or receiving of the body for sexual intercourse for hire [as well as] the offering or receiving of the body for indiscriminate sexual intercourse without hire." Some states limit the crime of prostitution to sexual intercourse for hire.

proximate cause
the primary or moving cause that plays a substantial part in bringing about injury or damage. It may be a first cause that sets in motion a string of events whose ultimate outcome is reasonably foreseeable.

prurient interest
a morbid interest in sex; an obsession with lascivious and immoral matters.

psycholegal error
"the mistaken belief that if we identify a cause for conduct, including mental or physical disorders, then the conduct is necessarily excused."

public drunkenness
the offense of being in a state of intoxication in a place accessible to the public.

public order offense
an act that is willfully and unlawfully committed and which disturbs public peace or tranquillity. Included are offenses such as fighting, breach of peace, disorderly conduct, vagrancy, loitering, unlawful assembly, public intoxication, obstructing public passage, and (illegally) carrying weapons.

rape (common law)
unlawful sexual intercourse with a female without her consent. Today, rape statutes in a number of jurisdictions encompass unlawful sexual intercourse between members of the same gender.

rape shield laws
statutes intended to protect victims of rape by limiting a defendant's in-court use of a victim's sexual history.

real property
land and fixtures.

reasonable doubt
(in legal proceedings) an actual and substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from the lack of evidence. Also, that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in such a condition that they cannot say they feel an abiding conviction of the truth of the charge.

reasonable doubt standard
that standard of proof necessary for conviction in criminal trials.

reasonable force
a degree of force that is appropriate in a given situation and is not excessive. The minimum degree of force necessary to protect oneself, ones' property, a third party, or the property of another in the face of a substantial threat.

reasonable person
a person who acts with common sense and who has the mental capacity of an average, normal, sensible human being. The reasonable person criterion requires that the assumptions and ideas upon which a defendant acted must have been reasonable, in that the circumstances as they appeared to the defendant would have created the same beliefs in the mind of an ordinary person.

reasonable provocation
see adequate provocation and adequate cause.

rebellion
"deliberate, organized resistance, by force and arms, to the laws or operations of the government, committed by a subject."

receiving stolen property
(1) knowingly taking possession of or control over property that has been unlawfully stolen from another; (2) the receiving of stolen property, knowing that it has been stolen.

reckless behavior
activity which increases the risk of harm.

rehabilitation
the attempt to reform a criminal offender. Also, the state in which a reformed offender is said to be.

renunciation
the voluntary and complete abandonment of the intent and purpose to commit a criminal offense. Renunciation is a defense to a charge of attempted criminal activity.

rescuing a prisoner
a crime which is committed when any person or persons rescues or attempts to rescue any person being held in lawful custody.

restitution
a court requirement that an alleged or convicted offender pay money or provide services to the victim of the crime or provide services to the community.

restoration
a sentencing goal which seeks to make victims and the community "whole again."

restorative justice
a sentencing model that builds upon restitution and community participation in an attempt to make the victim "whole again."

retreat rule
a rule operative in many jurisdictions which requires that a person being attacked retreat in order to avoid the necessity of using force against the attacker if retreat can be accomplished with "complete safety."

retribution
the act of taking revenge upon a criminal perpetrator. Also, the most punishment oriented of all sentencing goals, and one which claims that we are justified in punishing because offenders deserve it.

RICO
an acronym for a section of the federal Organized Crime Control Act known as the Racketeer Influenced Corrupt Organizations provision. Some states have passed their own RICO-like statutes.

right of allocution
a statutory provision permitting crime victims to speak at the sentencing of convicted offenders. A federal right of allocution was established for victims of federal violent and sex crimes under the Violent Crime Control and Law Enforcement Act of 1994.

riot
a tumultuous disturbance of the peace by three or more persons assembled of their own authority.

robbery
the unlawful taking of property that is in the immediate possession of another by force or threat of force. Also, larceny from a person by violence, intimidation, or by placing the person in fear.

rout
the preparatory stage of a riot.

rule of law
also, the supremacy of law. The maxim that an orderly society must be governed by established principles and known codes which are applied uniformly and fairly to all of its members.

scienter
knowledge; guilty knowledge.

second degree murder
depending upon jurisdiction, either (1) murders committed during the perpetration or attempted perpetration of an enumerated felony such as arson, rape, robbery, and burglary, or (2) all murder not classified by statute as first degree.

sedition
a crime which consists of a communication or agreement intended to defame the government or to incite treason.

selective incapacitation
a sentencing strategy that imprisons or otherwise removes from society a select group of offenders — especially those considered to be most dangerous.

self-defense
a defense to a criminal charge that is based upon the recognition that a person has an inherent right to self-protection and that to reasonably defend oneself from unlawful attack is a "natural" response to threatening situations.

sentencing
the process through which a sentencing authority imposes a lawful punishment or other sanction upon a person convicted of violating the criminal law.

sexual assault
a statutory crime that combines all sexual offenses into one offense (often with various degrees). It is broader than the common law crime of rape.

sexual battery
the unlawful touching of an intimate part of another person against that person's will and for the purpose of sexual arousal, gratification, or abuse.

sexual contact
any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

shock incarceration
a sentencing option that makes use of "boot camp"—type prisons in order to impress upon convicted offenders the realities of prison life.

shock probation
the practice of sentencing offenders to prison, allowing them to apply for probationary release, and enacting such release in surprise fashion. Offenders who receive shock probation may not be aware of the fact that they will be released on probation and may expect to spend a much longer time behind bars.

simple assault
see assault.

social debt
a sentencing principle which objectively counts an offender's criminal history in sentencing decisions.

sodomy
oral or anal copulation between persons of the same or different gender, or between a human being and an animal.

solicitation
see criminal solicitation.

soliciting prostitution
is the act of asking, enticing, or requesting another to commit the crime of prostitution.

Son of Sam laws
also known as notoriety-for-profit laws, are statutes that provide support for the rights of victims by denying convicted offenders the opportunity to further capitalize on their crimes. Son of Sam laws set the stage for civil action against infamous offenders who might otherwise profit from the sale of their "story."

specific deterrence
a goal of criminal sentencing which seeks to prevent a particular offender from engaging in repeat criminality.

specific intent
a thoughtful, conscious intention to perform a specific act in order to achieve a particular result.

specific intent crimes
literally, crimes that require a specific intent. Generally speaking, specific intent crimes involve a secondary purpose.

split sentence
a sentence explicitly requiring the convicted person to serve a period of confinement in a local, state, or federal facility followed by a period of probation.

spousal rape
the rape of one's spouse.

stalking
the intentional frightening of another through following, harassing, annoying, tormenting, or terrorizing activities.

stare decisis
the legal principle which requires that courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them regarding subsequent cases on similar issues of law and fact. The term literally means "standing by decided matters."

status
a person's state of being.

statutory law
law in the form of statutes or formal written strictures, made by a legislature or governing body with the power to make law.

statutory rape
sexual intercourse, whether or not consensual, with a person under the "age of consent," as specified by statute.

strict liability
liability without fault or intention. Strict liability offenses do not require mens rea.

strict liability crimes
violations of law for which one may incur criminal liability without fault or intention.

subornation of perjury
unlawfully procuring another to commit perjury.

substantial capacity test
a test developed by the American Law Institute and embodied in the Model Penal Code. The test holds that "A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of the law."

substantial step
significant activity undertaken in furtherance of some goal. An act or omission that is a significant part of a series of acts or omissions constituting a course of conduct planned to culminate in the commission of a crime. Also, an important or essential step toward the commission of a crime that is considered as sufficient to constitute the crime of criminal attempt. A substantial step is conduct that is strongly corroborative of the actor's criminal purpose. According to one court, a substantial step is "behavior of such a nature that a reasonable observer, viewing it in context could conclude beyond a reasonable doubt that it was undertaken in accordance with a design to violate the statute."

substantive criminal law
that part of the law that defines crimes and specifies punishments.

substantive law
that part of the law that creates and defines fundamental rights and duties.

sudden passion
(as in instances of voluntary manslaughter) passion directly caused by and rising out of provocation by the victim or of another acting with the victim, and includes the understanding that the passion arises at the time of the killing and is not solely the result of former provocation.

syndrome
a complex of signs and symptoms presenting a clinical picture of a disease or disorder."

syndrome-based defense
a defense predicated upon, or substantially enhanced by, the acceptability of syndrome-related claims.

tangible property
property that has physical form and is capable of being touched, such as land, goods, jewelry, furniture, and so forth. Movable property that can be taken and carried away.

theft
a general term embracing a wide variety of misconduct by which a person is unlawfully deprived of his or her property.

theft of computer services
an offense in which a person willfully uses a computer or computer network with intent to obtain computer services without authority.

three-strikes legislation
statutory provisions which mandate lengthy prison terms for criminal offenders convicted of a third violent crime or felony.

tort
a private or civil wrong or injury. The "unlawful violation of a private legal right other than a mere breach of contract, express or implied."

tort-feasor
an individual, business, or other legally-recognized entity that commits a tort.

transferred intent
a legal construction by which an unintended act that results from intentional action undertaken in the commission of a crime may also be illegal.

treason
violation of allegiance toward one's country or sovereign, esp. the betrayal of one's own country by waging war against it or by consciously and purposely acting to aid its enemies.

trespassory taking
for purposes of crimes of theft, a taking without the consent of the victim.

truth in sentencing
a close correspondence between the sentence imposed upon those sent to prison and the time actually served prior to prison release.

Uniform Crime Reports (UCR)
a summation of crime statistics tallied annually by the Federal Bureau of Investigation (FBI), and consisting primarily of data on crimes reported to the police and of arrests.

Uniform Determination of Death Act (UDDA)
a standard supported by the American Medical Association, the American Bar Association, and by The National Conference of Commissioners on Uniform State Laws which provides that "An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead." The UDDA provides a model for legislation, and has been adopted in various forms by many states.

unlawful assembly
a gathering of three or more persons for the purposes of doing an unlawful act or for the purpose of doing a lawful act in a violent, boisterous, or tumultuous manner.

uttering
the offering, passing, or attempted passing of a forged instrument with knowledge that the document is false and with intent to defraud.

vagrancy
under common law, the act of going about from place to place by a person without visible means of support, who was idle, and who, though able to work for his or her maintenance, refused to do so, but lived without labor or on the charity of others.

vagrant
also, vagabond, "a wanderer; an idle person who, being able to maintain himself by lawful labor, either refuses to work or resorts to unlawful practices, e.g., begging, to gain a living."

vehicular homicide
the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

venue
the geographical location or place where a case can be prosecuted.

vicarious liability
the criminal liability of one party for the criminal acts of another party.

victim
any individual against whom an offense has been committed. Or, for certain procedural purposes, a parent or legal guardian if the victim is below the age of eighteen years or is incompetent. Also, one or more family members or relatives designated by the court if the victim is deceased or incapacitated.

victim impact statement
the in-court use of victim- or survivor-supplied information by sentencing authorities wishing to make an informed sentencing decision. Also, a written document which describes the losses, suffering, and trauma experienced by the crime victim or by victim's survivors. In jurisdictions where victims impact statements are used, judges are expected to consider them in arriving at an appropriate sentence for the offender.

victimless crime
an offense committed against the social values and interests represented in and protected by the criminal law, and in which parties to the offense willingly participate.

victims rights
the fundamental right of victims to be equitably represented throughout the criminal justice process.

victim/witness assistance programs
service organizations that work to provide comfort and assistance to victims of crime and to witnesses.

VOCA
an acronym for the 1984 Victims of Crime Act.

voluntary intoxication
willful intoxication; intoxication that is the result of personal choice. Voluntary intoxication includes the voluntary ingestion, injection, or taking by any other means of any intoxicating liquor, drug, or other substance.

voluntary manslaughter
the unlawful killing of a human being, without malice, which is done intentionally upon a sudden quarrel or in the heat of passion. Also, a killing committed without lawful justification, wherein the defendant acted under a sudden and intense passion resulting from adequate provocation.

Wharton's Rule
a rule applicable to conspiracy cases which holds that where the targeted crime by its very nature takes more than one person to commit, then there can be no conspiracy when no more than the number of persons required to commit the offense participate in it.

Year and a Day Rule
a common law requirement that homicide prosecutions could not take place if the victim did not die within a year and a day from the time that the fatal act occurred.