CJCENTRAL: Criminal Law Today, 2E: Glossary

ignorance of fact
lack of knowledge of some fact relating to the subject matter at hand.

ignorance of the law
a lack of knowledge of the law or of the existence of a law relevant to a situation at hand.

impossibility
a defense to a charge of attempted criminal activity that claims either that the defendant could not have factually or legally committed the envisioned offense even if he or she had been able to carry through the attempt to do so. It is, for example, factually impossible to kill someone who is already dead.

incapacitation
the use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses.

incest
unlawful sexual intercourse with a relative through blood or marriage.

inchoate crime
an unfinished crime that generally leads to another crime. Also, crimes that consist of actions that are steps toward another offense. Sometimes referred to as an anticipatory offense.

inciting a riot
the use of words or other means intended and calculated to provoke a riot.

incompetent to stand trial
a finding by a court that, as a result of a mental illness, defect or disability, a defendant is unable to understand the nature and object of the proceeding against him or to assist in the preparation of his own defense.

indecent exposure
public indecency. Specifically, the willful exposure of the private parts of one person to the sight of another person in a public place with the intent to arouse or gratify sexual desires. Also, the commission, in a place accessible to the public, of (1) an act of sexual intercourse; (2) a lewd exposure of the sexual organs; (3) a lewd appearance in a state of partial or complete nudity; or (4) a lewd caress or indecent fondling of the body of another person.

indeterminate sentencing
a model of criminal punishment that builds upon the use of general and relatively unspecific sentences (such as a term of imprisonment of "from one to ten years").

infancy
also immaturity, a defense that makes the claim that certain individuals should not be held criminally responsible for their activities by virtue of youth.

infraction
sometimes called a summary offense; a violation of a state statute or local ordinance punishable by a fine or other penalty, but not by incarceration.

inherently dangerous
an act or course of behavior (usually a felony) which, by its very nature is likely to result in death or serious bodily harm to either the person involved in the behavior, or to someone else.

insanity
an affirmative defense to a criminal charge; a social and legal term (rather than a medical one) that refers to "a condition which renders the affected person unfit to enjoy liberty of action because of the unreliability of his behavior with concomitant danger to himself and others." Also, a finding by a court of law.

Insanity Defense Reform Act (IDRA)
Part of the 1984 Crime Control and Prevention Act, the IRDA mandated a comprehensive overhaul of the insanity defense as it operated in the federal courts, making insanity an affirmative defense to be proved by the defendant by clear and convincing evidence, and creating a special verdict of "not guilty by reason of insanity."

intangible property
property that has no intrinsic value, but which represents something of value. Intangible personal property may include documents, deeds, records of ownership, promissory notes, stock certificates, software and intellectual property.

intensive supervision
a form of probation supervision involving frequent face-to-face contacts between the probationary client and probation officers.

intentional action
that which is undertaken volitionally to achieve some goal.

intermediate sanctions
also alternative sanctions, the use of split sentencing, shock probation and parole, home confinement, shock incarceration, and community service in lieu of other, more traditional, sanctions such as imprisonment and fines. Intermediate sanctions are becoming increasingly popular as prison crowding grows.

involuntary intoxication
intoxication which is not willful.

involuntary manslaughter
an unintentional killing for which criminal liability is imposed, but which does not constitute murder. Also, the unintentional killing of a person during the commission of a lesser unlawful act, or the killing of someone during the commission of a lawful act, which nevertheless results in an unlawful death.

Irresistible Impulse Test
a test for insanity which evaluates defense claims that, at the time the crime was committed, a mental disease or disorder prevented the defendant from controlling his or her behavior in keeping with the requirements of the law.

| | |