NC Criminal Law Specialist key terms

The physical component of a crime, including a voluntary act or omission and any resulting harm or circumstances. It must be proven beyond a reasonable doubt and is distinct from the mental state.

The mental state required for a crime, such as intent, knowledge, recklessness, or negligence. It must correspond to the actus reus and is defined by statute or common law.

The link between conduct and a result, requiring both actual cause (but-for) and proximate cause (foreseeability). It is essential for result crimes like homicide.

A cause that is legally sufficient to impose liability, based on foreseeability and lack of superseding causes. It limits liability for remote or extraordinary results.

A mental state requiring the defendant to intend a specific result or to do a further act, such as burglary (intent to commit a felony inside). It allows for voluntary intoxication defenses.

A mental state where the defendant intends only the act, not a specific result or further consequence, such as battery. Voluntary intoxication is generally not a defense.

A common law mental state for murder and arson, meaning intent to kill, intent to cause serious bodily harm, reckless indifference to life, or intent to commit a felony. It does not require ill will.

A rule holding a defendant liable for murder if a death occurs during the commission of an inherently dangerous felony. The death must be a foreseeable result of the felony.

A limitation on felony murder: the underlying felony must be independent of the killing (not assaultive) to support the charge. It prevents using the homicide itself as the predicate felony.

A felony that by its nature poses a substantial risk of death, such as robbery or arson. Only such felonies can support felony murder liability.

A statutory classification of murder that typically includes premeditated intent to kill, felony murder, and sometimes murder by poison or lying in wait. It carries the highest penalties.

The process of planning or deliberating before committing a crime, required for first-degree murder. It can be formed in an instant but must involve some reflection.

A murder committed with malice aforethought but without premeditation or statutory aggravating factors. It often includes depraved-heart killings and non-felony murders.

A killing that would be murder but for mitigating circumstances, such as heat of passion or imperfect self-defense. It lacks malice due to adequate provocation.

An unintentional killing resulting from criminal negligence or a misdemeanor. It does not require malice and is often charged in DWI fatalities.

A mitigating circumstance for voluntary manslaughter where the defendant is adequately provoked and kills in the passion before cooling off. The provocation must be sufficient to arouse a reasonable person.

The time between provocation and killing during which a reasonable person would regain self-control. If the period is sufficient, heat of passion is negated.

A form of malice involving reckless indifference to an unjustifiably high risk to human life. It supports second-degree murder, not involuntary manslaughter.

The breaking and entering of a dwelling at nighttime with intent to commit a felony therein. Modern statutes often expand it to any structure and any time.

The trespassory taking and carrying away of another's personal property with intent to permanently deprive. It requires a taking and asportation.

Larceny from a person by force or intimidation. It requires a taking from the person or presence of the victim and use of force or threats.

The fraudulent conversion of another's property by one in lawful possession of it. It differs from larceny because possession is initially lawful.

A defense to larceny or robbery where the defendant honestly believes they have a right to the property, even if mistaken. It negates the intent to permanently deprive.

The use of reasonable force to protect oneself from imminent unlawful force. Deadly force is allowed only if the defendant reasonably believes it is necessary to prevent death or serious harm.

A defense that mitigates murder to voluntary manslaughter when the defendant unreasonably but honestly believes deadly force is necessary. It negates malice.

A defense where the defendant commits a crime due to an imminent threat of death or serious harm. It is not a defense to intentional homicide.

A defense where the defendant commits a crime to avoid a greater harm, with no reasonable legal alternative. It is not a defense to homicide.

A defense where government agents induce a crime the defendant was not predisposed to commit. It requires both inducement and lack of predisposition.

A defense asserting the defendant lacked criminal responsibility due to mental disease. Common tests include M'Naghten, irresistible impulse, and substantial capacity.

An insanity test focusing on whether the defendant knew the nature of the act or knew it was wrong due to mental disease. It is cognitive only.

An insanity test (Model Penal Code) requiring the defendant to lack substantial capacity to appreciate wrongfulness or conform conduct to law. It includes cognitive and volitional prongs.

A defendant's mental ability to understand proceedings and assist counsel. Unlike insanity, it concerns present ability and can be restored.

Self-induced intoxication that may negate specific intent but not general intent, malice, or recklessness. It is not a defense to crimes requiring recklessness.

Intoxication without the defendant's knowledge or will, such as being drugged. It can be a complete defense if it negates the required mental state.

An inchoate offense requiring intent to commit a crime and a substantial step beyond preparation. It merges into the completed crime.

An act that strongly corroborates the defendant's criminal purpose, beyond mere preparation. It is the actus reus of attempt under the Model Penal Code.

An agreement between two or more persons to commit a crime, plus intent and often an overt act. It does not merge with the completed offense.

A rule barring conspiracy charges when the crime by definition requires two participants, such as adultery or dueling. It does not apply if a third party is involved.

Inciting, counseling, or commanding another to commit a crime with intent that they do so. It merges into the completed offense if the person agrees.

Liability for a crime based on aiding, abetting, or encouraging its commission with intent. The accomplice is liable for the crime and its natural and probable consequences.