What is CRIMINAL? Definition of CRIMINALin Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
n. One who has committed a criminal offense; one who has been legally convicted of a crime; one adjudged guilty of crime. Molineux v. Collins, 177 N.Y. 395, 69 N.E. 727, 65 L.R. A. 104. Synonymous with word "crook." Weiner v. Leviton, 230 App.Div. 312, 244 N.Y.S. 176, 178.
adj. That which pertains to or is connected with the law of crimes, or the administration of penal justice, or which relates to or has the character of crime. Charleston v. Beller, 45 W.Va. 44, 30 S.E. 152; Van Riper v. Constitutional Government League, 1 Wash.2d 635, 96 P.2d 588, 591, 125 A.L.R. 1100. The word is defined as of the nature of or involving a crime; more generally, of the nature of a grave offense; wicked. Van Riper v. Constitutional government League, 1 Wash.2d 635, 96 P.2d 588, 591, 125 A.L.R. 1100.
Criminal abortion
See Abortion.
Criminal act
A term which is equivalent to crime; or is sometimes used with a slight softening or glossing of the meaning, or as importing a possible question of the legal guilt of the deed. The intentional violation of statute designed to protect human life is criminal act. State v. Agnew, 202 N.C. 755, 164 S.E. 578, 579.
Criminal action
The proceeding by which a party charged with a public offense is accused and brought to trial and punishment is known as a "criminal action." Pen.Code Cal. § 683. A criminal action is (1) an action prosecuted by the state as a party, against a person charged with a public offense, for the punishment thereof ; (2) an action prosecuted by the state, at the instance of an individual, to prevent an apprehended crime, against his person or property. Code N.C. 1883, § 129, C.S. § 395.
Criminal assault and battery
An accused may be guilty of a "criminal as sault and battery" if he intentionally does an act which by reason of its wanton and grossly negligent character exposes another to personal injury and in fact causes injury. State v. Linville, 150 Kan. 617, 95 P.2d 332, 334.
Criminal case
An action, suit, or cause instituted to punish an infraction of the criminal laws. State v. Smalls, 11 S.C. 279; People v. Iron Co., 201 Ill. 236, 66 N. E .349; Wilburn v. State, 140 Ga. 138, 78 S.E. 819, 820; Hankamer v. Templin, 143 Tex. 572, 187 S. W.2d 549, 550. The phrase has various meanings according to context and purpose of constitutional provision or statute. Ex parte Tahbel, 46 Cal. App. 755, 189 P. 804, 806; Childs v. City of Birmingham, 19 Ala.App. 71, 94 So. 790; Barnett v.. Atlanta, 109 Ga. 166, 34 S.E. 322.
Criminal charge
An accusation of crime, formulated in a written complaint, information, or indictment, and taking shape in a prosecution. U. S. v. Patterson, 150 U._ S. 65, 14 S.Ct. 20, 37 L.Ed. 999; Eason v. State, 11 Ark. 482; People v. Ross, 235 Mich. 433, 209 N.W. 663, 666.
Criminal contempt proceeding
"Criminal contempt proceedings" are brought to preserve the power and vindicate the dignity and integrity of the court and to punish for disobedience of its orders. O'Malley v. United States, C.C.A.Mo., 128 F.2d 676, 683.
Criminal conversation
Defilement of the marriage bed, sexual intercourse of an outsider with husband or wife, or a breaking down of the covenant of fidelity. Young v. Young, 236 Ala. 627, 184 So. 187, 190, 191. Adultery, considered in its aspect of a civil injury to the husband entitling him to damages; the tort of debauching or seducing of a wife. Often abbreviated to crim. con.
Criminal court
One where criminal cases are tried and determined, not one where civil cases are tried, or persons charged with criminal offenses are held for action by proper authority. Hobart v. First Criminal Judicial Dist. of Court of Bergen Coun- V, 10 N.J.Misc. 723, 160 A. 674, 675.
Criminal gross negligence
"Gross negligence" is culpable or criminal when accompanied by acts of commission or omission, of a wanton or willful nature, showing a reckless or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury, or which make it not improbable that injury will be occasioned, and the offender knows or is charged with knowledge of the probable result of his acts; "culpable" meaning deserving of blame or censure. Bell v. Common- wealth, 170 Va. 597, 195 S.E. 675, 681.
Criminal information
A criminal suit brought, without interposition of a grand jury, by the proper officer of the king or state. Cole, Cr.Inf.; 4 Bla.Com. 398.
Criminal insanity
Want of mental capacity and moral freedom to do or abstain from doing particular act. State v. Schafer, 156 Wash. 240, 286 P. 833, 838.
Criminal instrumentality rule
Where the wrong is accomplished by a crime, the crime and not the negligent act of the party which made it possible is the "proximate cause". Foutch v. Alexandria Bank & Trust Co., 177 Tenn. 348, 149 S.W.2d 76, 85.
Criminal intent
The intent to commit a crime; malice, as evidenced by a criminal act; an intent to deprive or defraud the true owner of his property. People v. Borden's Condensed Milk Co., 165 App.Div. 711, 151 N.Y.S. 547, 549; State v. Howard, 162 La. 719, 111 So. 72, 76.
Criminal malversation
A broad category of corrupt official practices. Jimenez v. Aristeguieta, C.A.Fla., 311 F.2d 547, 562.
Criminal Motive
"Criminal motive" is the inducement, existing in the minds of persons, causing them to intend, and afterward to commit, crime. State v. Richardson, 197 Wash. 157, 84 P.2d 699, 703.
Criminal Procedure
The method pointed out by law for the apprehension, trial, or prosecution, and fixing the punishment, of those persons who have broken or violated, or are supposed to have broken or violated, the laws prescribed for the regulation of the conduct of the people of the community, and who have thereby laid themselves liable to fine or imprisonment or other punishment. 4 Amer. & Eng. Enc. Law, 730.
Criminal Proceeding
One instituted and conducted for the purpose either of preventing the commission of crime, or for fixing the guilt of a crime already committed and punishing the offender; as distinguished from a "civil" proceeding, which is for the redress of a private injury. Mossew v. United States, C.C.A. N.Y., 266 F. 18, 22, 11 A.L.R. 1261. Strictly, a "criminal proceeding" means some step taken before a court against some person or persons charged with some violation of the criminal law. McGoldrick v. Downs, 184 Misc. 168, 53 N.Y.S.2d 333, 336.
Criminal Process
Process which issues to compel a person to answer for a crime or misdemeanor. Mowlan v. State, 197 Ind. 517, 151 N.E. 416, 417. Also process issued to aid in the detection or suppression of crime, such as search warrants—the primary purpose of the search being to obtain evidence for use in a criminal prosecution. Sugar Valley Land Co. v. Johnson, 17 Ala.App. 409, 85 So. 871, 874.
Criminal Prosecution
An action or proceeding instituted in a proper court on behalf of the public, for the purpose of securing the conviction and punishment of one accused of crime. Harger v. Thomas, 44 Pa. 128, 84 Am.Dec. 422; Ex parte Pepper, 185 Ala. 284, 64 So. 112, 113; State v. District Court of Fifth Judicial Dist. in and for Madison County, 53 Mont. 350, 165 P. 294, 296; McGoldrick v. Downs, 184 Misc. 168, 53 N.Y.S.2d 333, 336. A prosecution in a court of justice, in name of the Government, against one or more individuals accused of crime. United States v. Safeway Stores, Tex., C.C.A.Kan., 140 F.2d 834, 839.
As to criminal "Conspiracy," "Contempt," "Information," "Jurisdiction," "Negligence," "Operation," see those titles.
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