Substantive Criminal Justice

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  1. Common Law Arson
    The malicious and willful burning of another's house
  2. Curtilage
    The land immediately surrounding and associated with the home, including such structures as a barn, outhouse, or milk house
  3. Willfulness
    The voluntary, intentional nature of a crime; required as a separate element of arson
  4. Modern Arson
    The malicious, willful burning, or attempted burning of, one's own or another person's property
  5. Common Law Burglary
    Breaking and entering, in the nighttime, of the mansion or dwelling home or curtilage of another, with the intent to commit a felony
  6. Modern Burglary
    Entering, whether in the daytime or at night, of any building, structure, or vehicle, with the intent to commit any criminal offense
  7. Inner Door
    A door inside a building that does not lead directly to the outside
  8. Constructive Entry
    An entry effected by using an instrumentality, such as another person, an animal, or a physical object
  9. Nighttime
    At common law, the period between sunset and sunrise when there is enough daylight to discern a man's face
  10. Sleep Test
    Whether the dwelling is used regularly as a place to sleep determines whether a dwelling is occupied
  11. Breaking and Entering
    Unlawful forced entry; similar to burglary, but without the specific intent to commit a theft or felony inside the structure
  12. Simple Burglary
    The unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein
  13. Aggravated Burglary
    Simple burglary with the added elements of entering an inhibited dwelling, or any structure or vehicle, while armed with a dangerous weapon, or by committing a battery after or upon entry
  14. Burglar's Tools
    Tools and instruments that are designed, adapted, or commonly used to commit burglaries
  15. Motor Vehicle
    A vehicle proceeding on land by means of its own power plant and free of rails, tracks, or overhead wires
  16. Joyriding
    The illegal driving or someone else's automobile without permission, but with no intent to deprive the owner of it permanently
  17. Theft
    A broad category of misconduct against property that includes the crimes of larceny, embezzlement, theft by false pretenses, shoplifting, robbery, and receiving stolen goods
  18. Grand Theft
    The felonious taking of property valued above a set monetary amount, or the theft of a motor vehicle. More serious than petit or petty theft
  19. Petit or Petty Theft
    The misdemeanor taking of property under a set monetary amount. Less serious than grand theft
  20. Thief
    The original unlawful taker of the property of another person
  21. Larceny
    The taking and carrying away of the property of another, without consent, with the purpose of stealing or permanently depriving the owner of possession
  22. Larceny From A Person
    Statutory offense of taking property from the person of another; the penalty of another is usually greater than that for simple larceny
  23. Shoplifting
    A crime defined by a specific theft statute to address thefts of merchandise, concealment of merchandise, altering of price tags, and retail theft
  24. Abandoned Property
    Property over which a person voluntarily gives up permanent possession or ownership
  25. Embezzlment
    The unlawful taking or misuse of property by persons, typically employees, who lawfully come into possession of the property and therefore do not meet the theft or larceny requirement of wrongfully obtaining the property
  26. Misappropriation
    The wrongful misuse or taking of another's property that has been entrusted to the accused
  27. False Pretenses
    A crime in which title or ownership of the property is passed to the defendant in reliance on the defendant's misrepresentation
  28. Receiving
    Acquiring possession, control, or title, or lending on the security of, property that has been stolen
  29. Constructive Possession
    A relationship between the defendant and the stolen goods such that it is reasonable to treat the extent of the defendant's dominion and control over the property as if it were actual possession
  30. Extortion
    The gaining of property by threat of physical harm to a person or property by a public official under color of his or her office
  31. Under Color of Authority or Office
    The requirement at common law for the crime of extortion that the action taken by the perpetrator be in his or her capacity as a public official
  32. Blackmail
    A threat by a private citizen seeking hush money, or payment, to remain silent about a crime or a shameful act
  33. Bribery
    Payment by a person to a public official in order to gain an advantage that the person is not otherwise entitled to; both parties are guilty of the crime
  34. Forgery
    Making or altering a writing, with the purpose of deceiving or injuring, in such a way as to convey a false impression concerning its authenticity
  35. Uttering
    Presenting a forged writing and attempting to use it to deceive or cheat
  36. Fraudulent Making
    Creating a document that is not authentic
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Substantive Criminal Justice
2013-03-25 03:37:37
Chapters 10 11

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