|
Inchoate Offenses
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the following: "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."See lists and chapters of texts at McCord and McCord, ''Infra,'' pp. 185-213, and Schmalleger, ''Infra'', pp. 105-161, 404. Intent Every inchoate crime or offense must have the ''mens rea'' of intent or of recklessness, typically intent. Absent a specific law, an inchoate offense requires that the defendant have the specific intent to commit the underlying crime. For example, for a defendant to be guilty of the inchoate crime of solicitation of murder, he or she must have intended for a person to die. Attempt, conspiracy, and solicitation all require ''mens rea''. On the other hand, commit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank Schmalleger
Frank Schmalleger (born 1947) is an American criminologist, academic, and author. He is a Distinguished Professor Emeritus at the University of North Carolina at Pembroke. Early life and education Schmalleger was born in 1947. He received his master's degree in 1970 and a doctorate in sociology with a specialization in criminology in 1974, from the Ohio State University. While pursuing graduate studies at the Ohio State University, Schmalleger joined the U.S. Army Reserve Officer Training Program (ROTC) and was recognized as a Distinguished Military Cadet upon graduation. He also holds a BBA degree from the University of Notre Dame. Schmalleger is married to Ellen "Willow" Szirandi Schmalleger. Career Schmalleger served in the U.S. Army during the Vietnam War and continued his service in the U.S. Army Reserves until his discharge in 1979, attaining the rank of Captain. Schmalleger's academic career began in 1970 when he worked as a teaching associate in the Department of Soci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incitement
In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred. International law The Article 20 of the International Covenant on Civil and Political Rights requires that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. That few journalists have been prosecuted for incitement to genocide and war crimes despite their recruitment by governments as propagandists is explained by the relatively privileged social status of journalists and privileged institutional position of news organizations in liberal societies, which assign a high value to a free press. England and Wales Incitement was an offence under the common law of England and Wales. It was an inchoate offenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conspiracy (criminal)
In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement to constitute an offense. There is no limit to the number participating in the conspiracy, and in most countries the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). For the purposes of concurrence, the ''actus reus'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their sentence. An unindicted co-c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Compounding Treason
Compounding treason is an offence under the common law of England. It is committed by anyone who agrees for consideration to abstain from prosecuting the offender who has committed treason. It is still an offence in England and Wales, and in Northern Ireland. It has been abolished in the Republic of Ireland. In 1977, the Law Commission recommended that the offence should be abolished for England and Wales and for Northern Ireland.The Law Commission (10 May 1977)"Treason, Sedition and Allied Offences"(working paper No. 72), paragraphs 6, 43, 67 and 96(5) – via BAILII. See also * Compounding a felony * High treason in the United Kingdom Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's e ... * Misprision of treason References {{reflist Common law offences in England and Wales Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Compounding A Felony
Compounding a felony was an offence under the common law of England and was classified as a misdemeanour. It consisted of a prosecutor or victim of an offence accepting anything of value under an agreement not to prosecute, or to hamper the prosecution of, a felony. To "compound", in this context, means to come to a settlement or agreement. It is not compounding for the victim to accept an offer to return stolen property, or to make restitution, as long as there is no agreement not to prosecute. Compounding has been replaced by statutory provision in numerous jurisdictions that recognize common law offences: * England and Wales, replaced with concealing offences or giving false information * Northern Ireland * The Republic of Ireland * New South Wales Compounding a misdemeanor is not an offence at common law. However, an agreement not to prosecute a misdemeanor is unenforceable as being contrary to public policy.Boyce & Perkins, ''Criminal Law'', 3rd ed. (1992) at 578. See also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accessory (legal Term)
An accessory is a person who assists, but does not actually participate, in the commission of a crime. The distinction between an accessory and a principal (criminal law), principal is a question of fact and degree: *The principal is the one whose acts or Omission (criminal law), omissions, accompanied by the relevant ''mens rea'' (Latin for "guilty mind"), are the most immediate cause of the ''actus reus'' (Latin for "guilty act"). *If two or more people are directly responsible for the ''actus reus'', they can be charged as joint principals . The test to distinguish a joint principal from an accessory is whether the defendant independently contributed to causing the ''actus reus'' rather than merely giving generalised and/or limited help and encouragement. Elements In some jurisdictions, an accessory is distinguished from an accomplice, who normally is present at the crime and participates in some way. An accessory must generally have knowledge that a crime is being committed, w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the determinants of health of a population and the threats it faces is the basis for public health. The ''public'' can be as small as a handful of people or as large as a village or an entire city; in the case of a pandemic it may encompass several continents. The concept of ''health'' takes into account physical, psychological, and Well-being, social well-being, among other factors.What is the WHO definition of health? from the Preamble to the Constitution of WHO as adopted by the Internationa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Organized Crime
Organized crime is a category of transnational organized crime, transnational, national, or local group of centralized enterprises run to engage in illegal activity, most commonly for profit. While organized crime is generally thought of as a form of illegal business, some criminal organizations, such as terrorist organizations, terrorist groups, rebel groups, and Separatism, separatists, are politically motivated. Many criminal organizations rely on fear or terror to achieve their goals or aims as well as to maintain control within the organization and may adopt tactics commonly used by authoritarianism, authoritarian regimes to maintain power. Some forms of organized crime simply exist to cater towards demand of illegal goods in a state or to facilitate trade of goods and services that may have been banned by a state (such as illegal drugs or firearms). Sometimes, criminal organizations force people to do business with them, such as when a gang extorts protection racket, protec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misprision
The term ''misprision'' (from , modern , "to misunderstand") in English law describes certain kinds of offence. Writers on criminal law usually divide misprision into two kinds: negative and positive. It survives in the law of England and Wales and Northern Ireland only in the term '' misprision of treason''. Negative misprision Negative misprision is the concealment of treason or felony. By the common law of England, it was the duty of every liege subject (vassal) to inform the king's justices and other officers of the law of all treasons and felonies of which the informant had knowledge, and to bring the offender to justice by arrest (see Sheriffs Act 1887, s. 8). The duty fell primarily on the grand jurors of each county borough or franchise (until the abolition of grand juries in 1933), and is performed by indictment or presentment, but it also falls in theory on all other inhabitants. Failure by the latter to discharge this public duty constitutes what is known as ''mispri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misprision Of Felony
Misprision of felony is a form of misprision, and an offence under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor. It consists of failing to report knowledge of a felony to the appropriate authorities. Exceptions were made for close family members of the felon and where the disclosure would tend to incriminate the reporter himself. With the development of the modern law, this crime has been discarded in many jurisdictions, and is generally only applied against persons placed in a special position of authority or responsibility. In this case, the offence of misfeasance in public office or malfeasance in public office may be considered instead. For example, corrections officers who stand idly by while drug trafficking occurs within the prison may be prosecuted for this crime. It has been abolished in: * England, Wales and Scotland, as part of the criminal law reforms that abolish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Facilitation
An accessory is a person who assists, but does not actually participate, in the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree: *The principal is the one whose acts or omissions, accompanied by the relevant ''mens rea'' (Latin for "guilty mind"), are the most immediate cause of the ''actus reus'' (Latin for "guilty act"). *If two or more people are directly responsible for the ''actus reus'', they can be charged as joint principals . The test to distinguish a joint principal from an accessory is whether the defendant independently contributed to causing the ''actus reus'' rather than merely giving generalised and/or limited help and encouragement. Elements In some jurisdictions, an accessory is distinguished from an accomplice, who normally is present at the crime and participates in some way. An accessory must generally have knowledge that a crime is being committed, will be committed, or has been committed. A perso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
