Crime - Law Dictionary Search Results
environmental crime
environmental crime : an act that is destructive to the environment and that has been criminalized by statute ...
crime
crime ...
hate crime
hate crime ...
Actus reus
Actus reus, means the wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability; a forbidden act i.e. the actus reus for theft is the taking of or unlawful control over property without the owner's consent. Also termed deed of crime; overt act, Black Law Dictionary, 7th Edn., p. 37.The phrase 'deed of crime' i.e. actus reus as so used does not indicate the crime itself but merely one of the ingredients of crime; and this ingredient may be present without any crime at all, just as hydrogen is one of the ingredients of water but may be present without water. The words 'deed of crime' are so suggesting of the crime itself, however, that perhaps the Latin phrase 'actus reus' is less likely to cause confusion. The actus reus is essential to crime but is not sufficient for this purpose without the necessary mens rea, just as mens rea is essential to crime but is sufficient without the necessary 'actus reus...
felony
felony pl: -nies : a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor ;specif : a federal crime for which the punishment may be death or imprisonment for more than a year see also attainder, treason NOTE: Originally in English law a felony was a crime for which the perpetrator would suffer forfeiture of all real and personal property as well as whatever sentence was imposed. Under U.S. law, there is no forfeiture of all of the felon's property (real or personal) and such forfeiture is not part of the definition of a felony. For certain crimes, however (as for a conviction under the Racketeer Influenced and Corrupt Organizations Act or a narcotics law), specific property, such as that used in or gained by the crime, is subject to forfeiture. Every state has its own statutory definition of a felony. Most are in line with the federal definition of a felony as a crime which carries a sentence of imprisonment for more than one year or the death ...
accessory
accessory also ac·ces·sa·ry [ik-se-sə-rē, ak-] n pl: -ries [Medieval Latin accessorius subordinate matter, accomplice to a crime, from Latin accedere to go to, agree, assent] 1 : a person who is not actually or constructively present but with criminal intent contributes as an assistant or instigator to the commission of a felony called also accessory before the fact compare principal in the second degree at principal NOTE: The traditional distinction between accessories before the fact and principals, that accessories were not present and principals were present at the commission of the crime, is not recognized under most modern state statutes. Accessories before the fact are usually considered principals. 2 : a person who knowing that a felony has been committed aids, assists, or shelters the offender with the intent to defeat justice called also accessory after the fact NOTE: Many state statutes now omit the term accessory after the fact and instead c...
assault
assault [Old French assaut, literally, attack, ultimately from Latin assultus, from assilire to leap (on), attack] 1 : the crime or tort of threatening or attempting to inflict immediate offensive physical contact or bodily harm that one has the present ability to inflict and that puts the victim in fear of such harm or contact compare battery 2 : the crime of assault accompanied by battery ;specif : sexual assault in this entry called also assault and battery aggravated assault : a criminal assault accompanied by aggravating factors: as a : a criminal assault that is committed with an intent to cause or that causes serious bodily injury esp. through the use of a dangerous weapon b : a criminal assault accompanied by the intent to commit or the commission of a felony (as rape) compare simple assault in this entry assault with intent : a criminal assault committed with the intent to commit another specified crime [assault with intent to rob] [assault with intent to kill] civ...
Accomplice
Accomplice [fr. complice, Fr., complex, Lat., bound up with one in a project, but always in a bad sense], one concerned with another or others in the commission of a crime, Hawk. P.C. 87. An accomplice could always be called to give evidence, and by virtue of (English) Lord Denman's Act, 1843 (6 & 7 Vict. C. 85), s. 1, even though convicted, and now by virtue of the Criminal Evidence Act, 1898 (61 & 62 Vict. C. 36), s. 1, he can with his consent be called for the defence, but should he give evidence tending to incriminate his co-prisoner, such co-prisoner may cross-examine him, R. v. Hadwen, 1902 (1) KB 882; see also R. v. Rowland, 1910 (1) KB 458; R. v. Paul, 1920 (2) KB 183). See APPROVER.The word 'accomplice' has not been defined by the Evidence Act and it is generally understood that an accomplice means a guilty associate or partner in crime. An accomplice by becoming an approver becomes a prosecution witness, M. Shamsudhin v. State of Kerala, (1999) 3 SCC 351 (357): 1995 SCC (Cri)...
Reparation
Reparation, is taken to mean the making of amends by an offender to his victim, or to victims of crime generally, and may take the form of compensation, the performance of some service or the return of stolen property (restitution), these being types of reparation which might be described as practical or material. The term can also be used to describe more intangible outcomes, as where an offender makes an apology to a victim and provides some reassurance that the offence will not be repeated, thus repairing the psychological harm suffered by the victim as a result of the crime, State of Gujarat v. Hon'ble High Court of Gujarat, (1998) 7 SCC 392.Mean 'Payment for an injury or damage; redress for a wrong done, several states have adopted the Uniform Crime Victims Reparation Act, certain federal statutes also provide for reparation for violation of the Act; especially persons suffering losses because of violations of the Commodity Futures Trading Act may seek reparation under the Act aga...
Habitual criminal
Habitual criminal, A person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be a continuity in the commission of those offences, Ayub Pappubhan Navab Khan Pathan v. S.N. Sinha, AIR 1990 SC 2069 (2071): (1990) 4 SCC 552. [Gujarat Prevention of Anti Social Activities Act (16 of 1985), s. 2(c)]. See PREVENTIVE DETENTION.A person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be continuity in commission of those offences, R. Kalavathi v. State of Tamil Nadu, (2006) 6 SCC 14: (2006) 6 JT 69: (2006) 6 SCALE 385: (2006) 5 Supreme 116: (2006) 5 SLT 321: (2006) 6 SCJ 69: (2006) 7 SCJD 583: (2006) 8 SRJ 57: (2006) 3 SCC (Cri) 11: (2006) 3 Crimes 7 (SC): (2006) 2 JCC 1185: (2006) 3 Recent CR...
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