Term
|
Definition
| motion to stop proceedings (usually filed on the basis of unconsitutionality of law) |
|
|
Term
| 2 ways to serve a criminal |
|
Definition
1. Bill of Information - written accusation by DA
2. Indictment - written accusation by grand jury |
|
|
Term
|
Definition
| law is so broad that it infringes on constitutional right (state v. ganch) |
|
|
Term
| When can responsive verdicts be taken off the table? |
|
Definition
| Before trial and only if the evidence does not support them |
|
|
Term
| Grades of sexual offenses |
|
Definition
1. Agg Rape
2. forcible Rape
3. Simple Rape
4. Statutory Rape
5. Sexual Battery |
|
|
Term
|
Definition
Rape is the act of anal, oral, or vaginal sexual intercourse with a male or female person comitted without the person's lawful consent
-Emission is NOT necessary
-Penetration may only be slight
-Touching penis to outer gentials =pen. |
|
|
Term
|
Definition
anal, oral or vaginal sex intercourse is deemed to be without lawful consent bc it is committed under any one or more of the following circumstances:
1. V is 65 or older
2. V resists to the utmost and is overcome by force
3. V is prevented from resisting b/c the offender has a dangerous weapon
4. V is under 12
5. 2 or more offenders partcipate
6. V is prevented from resisting b/c the v suffers from mental or physical infirmity |
|
|
Term
|
Definition
A victim's tesitomy if believed is sufficent oon its own to convict the offender
or
eye witness testimony + minor physical evidence |
|
|
Term
| Can a mentally retarded victim give consent? |
|
Definition
| No, but he/she may be have the capacity to stand trial |
|
|
Term
| Can a senile victim that previously gave birth give consent? |
|
Definition
| No, present senile condition overides that she understood sex in the past |
|
|
Term
|
Definition
anal, oral or vaginal sex intercourse is deemed to be without lawful consent bc it is committed under any one or more of the following circumstances:
1. When the vcitim is prevented from resiting the act by force or threats of physical violence where the victim beleives that such resitence would not prevent the rape
2. When the V is incapable or resisting or of understanding the nature of the act by reason of stupur or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance admistered BY THE OFFENDER and without the knowledge of the V |
|
|
Term
| Difference between Forcible and Agg rape? |
|
Definition
The Degree of force used
If a dangerous weapon is used then that squarley falls into agg rape |
|
|
Term
| Is resitance necsessary for a rape conviction? |
|
Definition
| No, force only needs to be reas to convice the V that the resistance is futile |
|
|
Term
|
Definition
anal, oral or vaginal sex intercourse is deemed to be without lawful consent bc it is committed under any one or more of the following circumstances:
When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition due to an intoxicating agent NOT adminstered by the offender
2.When the victim is incapable through unsoundess of mind, whether temporary or permanent, or understanding the nature of the act and the offender knew or should have know of the V's incapacity |
|
|
Term
|
Definition
Intentional engaging in any of the following acts where the Offender acts without consent of the V, or where the act is consenual and the V has not attain 15 yr old and is at least 3 yrs younger than the O.
1. Touching of the anus or genitals of the V by the offender using intreumentatility or any part of the body of the O.
2. The touching of the O by the V using ny intrumentaility of any part of the body of the victim |
|
|
Term
| Carnal Knowledge of a Juvenile |
|
Definition
A person who is nineteen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender; or
(2) A person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than fifteen years of age, when the victim is not the spouse of the offender; or |
|
|
Term
| Does LA recognize dimished capacity? |
|
Definition
No, but insanity is a defense to all crimes.
BUT
∆ can introduce other evidence that on the occasion in question they did not have specific intent required (due to intoxication...) |
|
|
Term
|
Definition
1.Authorized through duties of public office
2. When the conduct is a reas. accomplishment of the arrest which is lawful
3. authorized by law
4. reas. discipline of minors
5. Cannot preform due to physical impossiblity
6.Compulsion excpet for murder |
|
|
Term
| Use of force or violence in defense |
|
Definition
| For the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property BUT the force must be reas. and necessary and does not apply to homicides |
|
|
Term
|
Definition
1. Self defense when one beliees they are in immient danger of losing their life or receiving GBH and the killing is necessary to save themselves
2.Preventing a violent or forcible felony involving danger to life or GBH that is about to committed
3. Against any person present in a dwelling or place of business
4. When a person is inside a dwelling against any person trying to break in |
|
|
Term
|
Definition
Commit criminal act
OR
Aid/abet/counsel or procure another to commit
whether ar the scene or not |
|
|
Term
|
Definition
A person who AFTER the commission of a felony shall harbor, aid, or conceal, knowing or having reas ground to believe a felony has been committed.
-May be tried and punished not withstanding the trial of the principal |
|
|
Term
|
Definition
agreement or combo of two more person
for the specific purpose of commiting any crime,
PLUS an act of furtherance (overt act)
-Can be tried for the complete crime, comspiracy or both |
|
|
Term
|
Definition
having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.
Mere preparation is not enough, but lying in wait with a dangerous weapon with the intent |
|
|
Term
|
Definition
| to incite or procure another to commit a felony |
|
|
Term
|
Definition
1. First Degree Murder
2. Second Degree Murder
3. Manslaughter
4.Negligent Homicide
5. Vehicular Homicide |
|
|
Term
|
Definition
| A killing is not murder if more than a year and a day go by between the injury and the death of the victim |
|
|
Term
|
Definition
Killing of a human being
1. When O has SITK or IGBH and is engaged in the enuernamerated feloneis (TJ BRAKER'D)
2. SITK or IGBH on peace officer on duty
3.SITK or IGBH on more than one person
4. Murder for hire
5. SITK or IGBH on V younger than 12 or older than 65 6.SITK or IGBH during a drug transaction
7. Perp engaged in ritulaitstic acts
8. No contact order between perp and V |
|
|
Term
|
Definition
Killing of a human being in one of the following circumstaces:
1. When the O has SITK or IGBH
OR
2a. Offender engage in BRAKER Drive by or creulty to juveniles
OR
3. Distriubutes drugs which is the direct cause of death of the recipeint or Distrubutes drugs to another who than who distriubutes themthat leads to the death of the reciepient |
|
|
Term
|
Definition
A homicide that would be murder but was
committed in sudden passion or heat of blood immediately caused by provocation suffienct to deprive the average person of self control
2. Homicide with NO SITK or IGBH
3. Engaged in non enumerated felony or intentional misdemor against the person
4. When the O is resisting arrest in a manner that is not inherently dangerous
BOLO: Murder not reduced to M/S if the blood had time to cool off |
|
|
Term
|
Definition
Intentional use of force of violence upon the person of another
OR
the intentional adminstration of a poison or other noxious liquid or substance to another without consent |
|
|
Term
|
Definition
| Battery comnmitted with a dangerous weapon |
|
|
Term
| definition of a dangerous weapon |
|
Definition
| any gas, liquid, or any other substance or inanimate instrumentality, whcih in the manner used is calculated or likely to produce death or great bodily harm |
|
|
Term
|
Definition
Battery
+
the offender intentionally inflicts serious bodily injury
*not health care provider |
|
|
Term
|
Definition
| bodily injury which involves unconscioness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the fucntion of a boodily member, organ, or mental faculty or a substantial risk of death |
|
|
Term
|
Definition
battery committed with a dangerous weapon
+ serious bodily injury |
|
|
Term
|
Definition
Killing of a human being by criminal negligence
Crim neg. = such disregard of the interest of other that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a peraonably careful man under like circumstances
OR
Violating a statute is presumptive evidence of neg.
|
|
|
Term
|
Definition
Killing of a human being
caused proximately or directly by a perp engaged in the operation of, or in the actual physical control of any motor vehicle or aircraft or other mans of conveyence whether or not the perp had intent to cause death or GBH when:
1. The operate is under the influence of alochol
2. The operation BAC is > 0.08
3. Under the influence of any controlled dangerous substance
**There need to be drugs/alcohol for vehicular** homicide** |
|
|
Term
|
Definition
1. attempt to commit a battery (S. Intent)
OR
2. Intention placing of another in reasonable apprehension of recieving a nbattery (G. Intent)
OR
without a dangerous weapon |
|
|
Term
|
Definition
| Assault committed with a dangerous weapon |
|
|
Term
|
Definition
-unauthorized entry of any inhabited dwlling or any structure, water craft or movable where a person is present with the intent to commit a delony or any theft therein if the O is armed,
1. Is armed with a dangerous weapon
2. After entering arms himself with a dangerous weapon
3. commits a battery upon any person while in such place or int her entering or leaving such place. |
|
|
Term
|
Definition
| Unauthorized entering of any dwelling, vehicle, watercraft, or other strcuture movable or immovable with the intet to commit a felony of theft therein |
|
|
Term
| Simple Burglary of an inhabited dwelling |
|
Definition
| unauthorized entry of any ihabited dwelling, house, apartment of other structrue used in whole of in part as a home or place of abode by a perons witht he intent to commit a felony there in |
|
|
Term
| Unauthorized entry or an inhabited dwelling |
|
Definition
| Unauthorized dwelling is the intentional entry by a person without authorization into any inhabited dwelling or other structure belonging to another and used as a home |
|
|
Term
|
Definition
| taking of anything of value belonging to another from the person of another or that is in their immediate contro, by use of force of intimadation with a dangerous weapon |
|
|
Term
|
Definition
| taking of anything of value belonging to another from a person of another or that is in the immediate control of another, by use of force or intimidation when the O leads the victim to reasonably believe hs is armed with a dangerous weapon. |
|
|
Term
|
Definition
| intentional taking of a motor vehicle, belonging to another person in the persence of that person or passenger, or any other person in lawful possesiion of the motor vehicle by the use of force or intimidation |
|
|
Term
|
Definition
| taking of anything of value belonging to another from the person of another that is in their immediate control when the O intentionally inflicts serious bodily injury |
|
|
Term
|
Definition
| taking of anything of value belonging to another from ther person of another that is in t the immediate control by use of force or intimidation but NOT armed with a dangerous weapon. |
|
|
Term
|
Definition
misappropriation or taking of anything of value which belongs to another, eiter without the consent of the other to the misappropriation or takin or by means of fraudulent conduct
Intent to deprive the other permenantly of whatever may be the subject of the misappropriation or taking is essential |
|
|
Term
| Unauthorized use of a movable |
|
Definition
| intentional taking or use of amovable whiche belongs to another either without the other's consent or by means of fraudulent conduct BUT without intentional to deprive the owner permenantly |
|
|
Term
| Unauthorized use of a motor vehicle (Joyriding) |
|
Definition
| taking a motor vehicle that belongs to another, without the owner's consent, BUT without any intention to deprive the owner of the vehicle permenantly. |
|
|
Term
|
Definition
when circumstances indicate that offender actively desired the prescribed criminal consequence to follow his act of failure to act
e.g. Pull the trigger with the intent of the consequence of killing you. |
|
|
Term
|
Definition
when circumstances indicate that offender actively desired the prescribed criminal consequences to follow his act of failure to act.
e.g. pulling the trigger |
|
|
Term
| 2 elements that must be committed simultaneously to commit a crime |
|
Definition
| Mens rea - state of mind, planning, intending to commit the crime Actus rea - guilty act |
|
|
Term
|
Definition
BOP on D
Only for specific intent crimes
Must prove that the intoxication negated the specific criminal intent or special knowledge needed for a crime |
|
|
Term
|
Definition
BOP on D
Available for all crimes
Refers to intoxication that is caused by force, decite or an accident
Must prove the crime is a direct result of the intoxication |
|
|
Term
|
Definition
BOP on D
D was forced to commit a crimme due to an immediate threat of death or GBH
Available for all crimes except murder |
|
|
Term
|
Definition
BOP on the state - state must prove beyond a reasonable doubt that the D was not acting in self-defense
Force must be reasonable and necessary
Defense negated if the D was the agressor |
|
|
Term
| What if the agressee responds with unreasonable force to the agressor? |
|
Definition
The agressor can still use force to respond. He is not precluded by his intial agression.
ex. A spits in B's face and B pulls a gun. A can shoot now shott B |
|
|
Term
|
Definition
Cannot use deadly force to defend property
Force must be reas and necessary
Exception for trespassers |
|
|
Term
|
Definition
| Deadly force is acceptable in the following circumstance when you are lawfully in a house/car/dwelling and another unlawfully enters that house/car/dwelling, you can use deadly force to compel the interuder to retreat or to prevent entry |
|
|
Term
|
Definition
As a 3rd party, you have a right to use the same force that the victim would use in self defense
You do not have to know the victim
Force must still be reas and necessary |
|
|
Term
|
Definition
Police officers and bounty hunters have a right to use reas force when making an arrest
Use of unreas force -> can be charged with a crime and the arrestee can be kill using self defense |
|
|
Term
|
Definition
| Any gas, liquid, or other substance or instrumentaility which in the manner used is calculated or likely to produce death or great bodily harm. |
|
|
Term
|
Definition
| any crime for which an offender may be sentenced to death or imprisonment at hard labor. |
|
|
Term
|
Definition
| includes a human being from the moment of fertilization and implantation and also includes bodys of person whether incoported or not. |
|
|
Term
|
Definition
| No, person must be born alive for homicide. |
|
|
Term
| What if the statute is ambiguous? |
|
Definition
Use fair import approach
Case law says use strict construction against the state and do not extend by analogy |
|
|
Term
| Can a ∆ be convicted of a lesser offense? |
|
Definition
Yes, where the offense includes elements of a less offense ∆ charged with greater offese may be convicted of that offense or the less offense
Responsive verdicts apply as well, if the responsive verdict is specified ∆ may be convicted of the lesser offense although charge |
|
|
Term
| What constitutes criminal conduct? |
|
Definition
act or omission that produces criminal consequences combined with criminal intent
Mere act of failure to act that produces criminal consequences where there is no requirement of criminal intent
crim neg that produce crim consequences |
|
|
Term
|
Definition
∆ was aware of conduct and intent
This would be general crim intent but if not clear ∆ was aware of the risk, the it would be negligent. |
|
|
Term
|
Definition
require more than ordinary negligence
Must show disregard fort he interest of another that ∆'s conduct amounts to a GROSS deviation belos the standard of care required for a reasonably careful person under the cirumstance |
|
|
Term
| How is infancy used as a defense? |
|
Definition
1. Requires ∆ to be under age 10
2. under juvenile law person under age 17 who engages in conduct which would be a crime if committed by a person age 17 or older an act of juvenile deliquency |
|
|
Term
| How old do you have to be to be tried as an adult? |
|
Definition
|
|
Term
| How is insanity used as a defense? |
|
Definition
| mental defect or disease defendant incapable of distinguishing right from wrong and is exempt from crim responsibility |
|
|
Term
| What is Louisiana approach to determine if someone is insane? |
|
Definition
M'Naghten - ∆ understands that his/her acts are condemned by society --> not insane
Not enough to if ∆ believe they are morally right |
|
|
Term
| Can the state confine a murder ∆ acquitted on the basis of insanity? |
|
Definition
| Only if is shows by clear and convincing evidence that he/she is mentally ill and dangerous. |
|
|
Term
| Generally intoxication is ____________, except: |
|
Definition
immaterial
involuntary and intoxicating condition is the direct cause of the crim conduct ∆ exempt from criminal responsibility
or to negate existence of specific intent or special knowledge |
|
|
Term
|
Definition
| A defense. where reas ignorance or mistake of fact which negates the presence of any mental element requires in that crime is a defense...unless precluded |
|
|
Term
| What is the test for using mistake of fact as a defense? |
|
Definition
1. Subjective - ∆ in fact must have made a mistkae or have been ignorant of the facts
AND
2. Objective - the mistake or ignorance must be such that it could have been made by a reas person under similar circumstances |
|
|
Term
|
Definition
is only a defense in very limited situations
where ∆ relies on legislative repeal of criminal law which turns out to be ineffective or ∆ relies on a final jugdment of a court of last resort that the crim law is unconst. |
|
|
Term
|
Definition
A defense that applies only when:
∆ believes that his or her conduct is uncessary under the circumstances
AND
that belief id determined to be reas under the circumstances |
|
|
Term
| When can self-defense be used? |
|
Definition
*this is for when death does not result, if death --> justifiable homicide
WHen committed to prevent:
Forcible offense against the person
Forcible offense or trespass against ppty in person's lawful poss |
|
|
Term
| What is the penalty for attempt? |
|
Definition
| Cannot exceed 1/2 of the principal offense |
|
|
Term
| How does one have mens rea? |
|
Definition
1. Intent (gen or specific)
2. Criminal Negligence |
|
|
Term
|
Definition
After Felony
Harbors/conceals/aids
with actual knowledge of felony
AND
intent to help avoid punishment |
|
|
Term
| Criminal Assistance to Suicide |
|
Definition
advising or encouraging
OR
providing means with knowledge of use |
|
|
Term
| What is the crime committed if an animal is negligently handled? |
|
Definition
Negligent Homicide
Exception: if its a service dog OR
the V is an intruder
*if no death, just neligent injuring |
|
|
Term
| What are the random ass batteries? |
|
Definition
Battery of:
Cop
School Teacher
Referee
Correctional Officer
Bus Operator
Child Welfare Worker
Infirm
Domestic abuse Battery |
|
|
Term
General
Negligent
Injuring |
|
Definition
inflicting injury by criminal negligence
Vioaltion of statute is presumptive evidence of negligence |
|
|
Term
| Vehicular Negligent Injuring |
|
Definition
Injuring by perp operating car/boat/place
When under the influence of drugs
|
|
|
Term
First degree
Vehicular Negligent Injuring |
|
Definition
Injuring by perp operating car/plane/boat
+
drugs
+
Serious bodily injury |
|
|
Term
| Aggravated assault with a firearm |
|
Definition
Asault with a firearm
*Normal agg. assault is with a dangerous weapon, this one is specifically for firearms* |
|
|
Term
|
Definition
By drive by shooting
Agg assault on a cop with fireamr
agg assault with motor vechile on peace officier
use of laser pointer on cop
assault of school teacher
mingling harmful substances
assualt on child welfare worker
agga assault on utility worker with gun |
|
|
Term
|
Definition
Int'l and repeated following or harassing cauisng alarm or disturess
*Exception for private investigators* |
|
|
Term
|
Definition
| therat or violence to get confession from one in custody |
|
|
Term
|
Definition
Int'l communication of information reagrding impending harm to cause fear
e.g. bomb threat |
|
|
Term
|
Definition
| use of email to extort, threathen or harass |
|
|
Term
|
Definition
transmission of any electronic textual, visual, written, or oral communication with the
malicious and willful intent to coerce, abuse, torment, or intimidate
a person under the age of eighteen. |
|
|
Term
|
Definition
Unauthorized entering of any
inhabited dwelling,
or other structure belonging to another and used in whole or in part as a home or place of abode by a person,
where a person is present,with the
intent to use force or violence upon the person of another
or
to vandalize, deface, or damage the property of another. |
|
|
Term
| Illegally supplying a felon with a firearm |
|
Definition
Intentional giving, selling, donating, providing, lending, delivering, or
otherwise transferring a firearm
to any person known by the offender to be a person convicted of a felony
and prohibited from possessing a firearm as provided for in R.S. 14:95.1. |
|
|
Term
| Possession of firearm or carrying concealed weapon by a person convicted of certain felonies |
|
Definition
It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(B)
which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes,
to possess a firearm or carry a concealed weapon. |
|
|
Term
|
Definition
No driver of a motor vehicle or operator of a watercraft shall intentionally refuse to bring a vehicle or watercraft to a stop knowing that he has been given a visual and audible signal to stop by a police officer
when the officer has reasonable grounds to believe that the driver has committed an offense.
The signal shall be given by an emergency light and a siren on a vehicle marked as a police vehicle or marked police watercraft. |
|
|
Term
| Aggravated Flight from an officer |
|
Definition
Aggravated flight from an officer is the intentional refusal of a driver to bring a vehicle to a stop or of an operator to bring a watercraft to a stop, under circumstances wherein human life is endangered, knowing that he has been given a visual and audible signal to stop by a police officer when the officer has reasonable grounds to believe that the driver or operator has committed an offense. The signal shall be given by an emergency light and a siren on a vehicle marked as a police vehicle or marked police watercraft.
D. Circumstances wherein human life is endangered shall be any situation where the operator of the fleeing vehicle or watercraft commits at least two of the following acts:
(1) Leaves the roadway or forces another vehicle to leave the roadway.
(2) Collides with another vehicle or watercraft.
(3) Exceeds the posted speed limit by at least twenty-five miles per hour.
(4) Travels against the flow of traffic or in the case of watercraft, operates the watercraft in a careless manner in violation of R.S. 34:851.4 or in a reckless manner in violation of R.S. 14:99.
(5) Fails to obey a stop sign or a yield sign.
(6) Fails to obey a traffic control signal device. |
|
|
Term
| Aggravated criminal damage to property |
|
Definition
Intentional damaging of any structure, watercraft, or movable,
wherein it is foreseeable that human life might be endangered,
by any means other than fire or explosion.
|
|
|
Term
| Simple Criminal Damage to Property |
|
Definition
Intentional damaging of any property of another,
without the consent of the owner,
by any means other than fire or explosion.
|
|
|
Term
Damage to property with intent to defraud |
|
Definition
Damaging of any property, by means other than fire or explosion, with intent to defraud.
|
|
|
Term
|
Definition
A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.
B. No person shall enter upon immovable property owned by another without express, legal, or implied authorization.
C. No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization. |
|
|
