20 Answers (2): Terminology of Criminal Law and Criminal Procedure

20 Questions...(2)

Here are the answers to the 20 Questions on the Terminology of Criminal Law and Criminal Procedure published in a previous blog post:

1) A public official who conducts criminal prosecutions on behalf of his jurisdiction: PROSECUTOR

2) An agreement between two or more persons to engage in a criminal act: CONSPIRACY

3) At common law, the offense of breaking and entering a building with the intent to commit a felony: BURGLARY

4) The judgment in a criminal case imposing a punishment of imprisonment, probation, fine, forfeiture or some other penalty: SENTENCE

5) A rule that prohibits a second trial or punishment for the same offense: DOUBLE JEOPARDY

6) The fraudulent conversion of property with which a person has been entrusted: EMBEZZLEMENT

7) The killing of a human being without premeditation or malice and without legal excuse or justification: MANSLAUGHTER

8) The defense that the accused was elsewhere at the time the crime was committed: ALIBI

9) The act of bringing an accused before a court to answer a criminal charge and to enter a plea of guilty or not guilty: ARRAIGNMENT

10) The criminal offense of obtaining money or other things of value by duress, force, threat of force, fear, or under color of office: EXTORTION

11) The intentional and premeditated killing of a human being: (FIRST-DEGREE) MURDER

12) A sentence that allows a person convicted of a crime to continue to live and work in the community under the supervision of the court: PROBATION

13) The release of a person from incarceration after serving a portion of his/her sentence if certain conditions are met: PAROLE

14) The crime of giving something of value with the intention of influencing the action of a public official, witness, juror, etc: BRIBERY

15) Detention of a person on a criminal charge: ARREST

16) The degree of proof required to convict a person of a crime: BEYOND A REASONABLE DOUBT

17) The false making, material alteration, or uttering of any writing with the intent to defraud: FORGERY

18) The crime of taking personal property, without consent, with the intent to deprive the owner of it permanently: THEFT

19) A crime not amounting to a felony: MISDEMEANOR

20) The felonious taking of money or something of value from a person against his will, by force or by putting him in fear: ROBBERY

 

3 thoughts on “20 Answers (2): Terminology of Criminal Law and Criminal Procedure

  1. Very interesting. I have a question: What’s the difference between theft and larceny? (I answered “larceny” where the answer was theft). Thanks!

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    • Hi Yvonne,

      You’re answer isn’t wrong! “Theft” and “larceny” are often used interchangeably. Compare these definitions from Black’s Law Dictionary, 7th ed.: Theft: “The felonious taking of another’s personal property with the intent to deprive the true owner of it; larceny.” Larceny: “The unlawful taking and carrying away of someone else’s property with the intent to deprive the possessor of it permanently.” Under the entry on “larceny” Black’s notes that in some jurisdictions “larceny has been broadened to include embezzlement and false pretenses,” while the entry on “theft” indicates that in a broader sense theft may denote “any act of stealing, including larceny, burglary, embezzlement and false pretenses. Many modern penal codes have consolidated such property offenses under the name ‘theft’.”

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