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Criminal Law Terminology (D through H)

The following is a list of important Criminal Law terms (D through H) and their definitions.

 

Defense of Defense of Others: in those that apply “reasonable appearances tests” holds that a person defending another in good faith and in ignorance of the other’s fault is justified when acting upon reasonable appearances in defending one whom he is authorized by statute to protect.  However, in those jurisdictions that apply the “step-in-shoes test” a person is not allowed to defend another person unless the other person had a right to self defense.

  • Reasonable Appearances Jurisdictions
    • good faith
    • ignorance of other’s fault
    • justified
  • Step-In-Shoes Jurisdictions
    • not allowed unless
    • other person had right to self defense

Defense of Defense of Property: holds that a person is privileged to use reasonable force falling short of that likely to cause death or serious bodily harm in defense of his property.

  •   reasonable force
  • falling short of that likely to cause death/serious bodily harm

Defense of Entrapment: exists where the government implant in the mind of an innocent person the disposition to commit the alleged offense and induce its commission in order that they may prosecute.

  • government originates the crime AND induces its commission
  • defendant is an innocent person, not predisposed to committing this sort of crime

Defense of Infancy: holds that a child under age 7 does not have capacity to commit a crime and that there is a rebuttable presumption that a child between ages 7 – 14 is incapable of committing any crime but that a child over the age of 14 has the same capacity to commit a crime as an adult.

  • under age 7 does not have capacity to commit a crime
  • rebuttable presumption that age 7-14 is incapable of committing a crime
  • over age 14 has same capacity to commit a crime as an adult

Defense of Involuntary Intoxication: will excuse one’s actions to the same extent as would a mental disorder if the involuntary intoxication of alcohol or drugs occurred as a result of force, fraud, medical prescription, reasonable mistake or the like.

  • involuntary intoxication occurred as result of force, fraud, medical prescription, reasonable mistake
  • excuse actions to same extent as a mental disorder

Defense of Mistake of Fact: asserts that a mistake of fact will disprove a criminal charge if it is honestly entertained, based upon reasonable grounds and is of such a nature that the conduct would have been lawful had the facts been as they were supposed to be.

  • if honestly entertained
  • based upon reasonable grounds
  • AND is such that had the facts been true, the conduct would be lawful

Defense of Mistake of Law: not a valid defense to a crime except in those rare instances where it negates an essential element of the crime.  “Ignorance of the law is no excuse.”

  • not valid defense

Defense of Prevention of a Crime: holds that a person can use reasonable force in prevention of a crime, and such force can be deadly force if reasonably necessary to prevent a dangerous felony such as a burglary, arson, rape, robbery, or mayhem.

  • reasonable force
  • can be deadly to prevent a dangerous felony (burglary, arson, rape, robbery, mayhem)

Defense of Privilege of Public Authority:  purports that a person who has public authority to commit an act is not criminally liable.

  • has public authority to commit act
  • not criminally liable

Defense of Self-Defense:

Defense of Unconsciousness:

Defense of Voluntary Intoxication: will not constitute a complete defense unless the intoxication has developed into a permanent mental disorder. It may mitigate the degree or severity of the crime or charge. 

  • will not constitute complete defense unless developed into permanent mental disorder
  • May mitigate degree/severity of crime/charge

Deliberation:  to carefully consider.

Doctrine of Contributory Cases: holds that when more than one cause brings about the result, then both are equally responsible.

  • More than one cause
  • brings about the result
  • both are equally responsible

Embezzlement: fraudulent appropriation of personal property by one to whom possession has been entrusted.

  • fraudulent
  • appropriation of personal property

Embracery: the attempt to influence a jury corruptly to one side or the other, by promises, persuasions, entreaties, entertainments, douceurs, and the like.

Extortion: corrupt collection of fees or other things of value by government officials or those acting in an official capacity, such as lawyers representing a client.
  • corrupt collection of fees or other things of value
  • official capacity

False Imprisonment: unprivileged restraint of another person’s freedom of movement.

  • unprivileged restraint
  • another person’s freedom of movement

Felony: Serious crime that is punishable by at least one year in state prison

  • serious crime
  • punishable by at least 1 year in state prison

First Degree Murder: Murder by poison, lying in wait, torture, or murder done willfully, deliberately and with premeditation or murder that results from a death that occurred during the commission of a dangerous felony.

  • poison, lying in wait, torture OR
  • done willfully, deliberately, and with premeditation OR
  • murder that results from a death during the commission of a felony

Forgery: false making or material alteration of any writing of legal significance with the intent to defraud.

  • false making or material alteration
  • any writing of legal significance
  • intent to defraud

Homicide: the killing of one human being by another human being.

  • killing
  • of a human being
  • by another human being