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LA BAR > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

Specific Intent

A

actively desired the prescribed criminal consequences

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2
Q

General Intent

A

known that the prescribed criminal consequences were reasonably certain to result

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3
Q

Recklessness

A

aware of the risk that criminal consequences would occur

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4
Q

Criminal Negligence

A

gross deviation below the standard of care of a reasonably careful person under the circumstances

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5
Q

Defenses

A

-Infancy
-Insanity
-Intoxication
-Mistake of Fact
-Mistake of Law
-Justification

a. Self defense
b. Justifiable Homicide
c. Defense of Others

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6
Q

Principal

A

all persons concerned in the commission of a crime

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7
Q

Accessory after the fact

A

after the commission of a felony another who harbors, conceals, or aids the other, knowing or having reasonable ground to believe the other committed a felony with the intent that the other avoid or escape from arrest, trial, or punishment

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8
Q

Conspiracy

A
  1. Agreement
  2. 2 or more parties
  3. SPECIFIC intent to commit a crime
  4. Over Act
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9
Q

Attempt

A
  1. SPECIFIC intent
  2. Act or omission BEYOND preparation
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10
Q

Soliciation

A

one or more incites or procures another to commit a felony

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11
Q

Homicide

A

killing of a human being by the act, procurement, or culpable omission of another

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12
Q

First Degree Murder

A
  1. Specific intent to kill or inflict great bodily harm
  2. AND an aggravating circumstance
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13
Q

1st Degree: Felony Murder

A

Death occurred while engaged in the perpetration or attempted perpetration an enumerated felony

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14
Q

Enumerated Felonies

A
  • Agg kidnapping
  • second deg kidnapping
  • agg escape
  • agg arson
  • agg or first rape
  • forcible or second degree rape
  • agg burglary
  • armed robbery
  • assualt by drive by
  • first and second degree robbery
  • simple robbery
  • terrorism
  • cruelty to juveniles
  • second degree cruelty to juveniles
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15
Q

Agency Theory

A

felony murder requires the killing committed directly by felon or his “agent” ALL deaths foreseeable from his actions are not responsible

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16
Q

1st Degree: Fireman or Police Officer

A
  1. Specific Intent to kill or inflict great bodily harm
  2. Police, Fireman, Peace Officer, Civilian employee of a forensic lab
  3. Who was engaged in their lawful duties
  4. OR intent was due to their role as officer
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17
Q

1st Degree: More than one person

A

Specific Intent to kill or inflict great bodily harm on more than one person

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18
Q

1st Degree: Age of Victim

A

Victim was under 12 or 65 and older

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19
Q

1st Degree: Other Aggravating Circumstances

A
  1. offered or received value for klling
  2. engaged in drug distribution
  3. engaged in ritualistic acts
  4. previously acted with specific intent to kill or inflict bodily harm that resulted in the killing of one or more persons
  5. killed victim whole restraining order was between d and victim
  6. to prevent testimony in criminal proceeding
  7. victim was taxi driver or correction facility employee while in course of employment
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20
Q

Second Degree Murder

A
  1. Intent to kill or inflict great bodily harm
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21
Q

Attempted Murder

A

Must have SPECIFIC intent to kill and committed an over act

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22
Q

2nd Degree: Felony

A
  1. Death occurred during the perpetration or attempted perpetration of one of the enumerated felonies
  2. with no intent to kill or inflict great bodily harm
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23
Q

2nd Degree: Controlled Dangerous Substances

A

Unlawfully distributes or dispenses controlled dangerous substances that are the direct cause of death

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24
Q

Intentional Manslaughter

A

killing was committed in sudden passion or heat of blood IMMEDIATELY caused by provocation sufficient to deprive an average person of his self control and cool reflection (argument alone or words is not enough - REASONABLE person standard)

To reduce from murder jury must find:
1. offenders blood did not actually cool
2. an average person’s blood would not have cooled

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25
Q

Unintentional Manslaughter

A

without intent to cause death or great bodily harm

  1. engaged in perpetration or attempted perpetration of any felony NOT enumerated in the murder statutes OR intentional misdemeanor directly affecting the victim; OR
  2. resisting lawful arrest in a way that is not inherently dangerous and circumstances that the killing would not be 1st or 2nd murder
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26
Q

Manslaughter during Crime of Violence

A

commits or attempts to commit any crime of violence that is part of a continuous sequence resulting in death where it was foreseeable by D conduct it could result in death

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27
Q

Negligent Homicide/Injuring

A

1 killing/injuring of a human being by criminal negligence; OR
2. by a dog or other animal when the owner is reckless and criminally negligent in confining or restraining the animal

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28
Q

Vehicular Homicide/Vehicular Negligent Injuring

A

a killing proximately or directly by another engaged in the operation of, or in actual physical control of, any vehicle, regardless of intent when the offender is: under the influence of alcohol, controlled dangerous substance, combo of alcohol and a legal drug, or legal drug knowingly consumed in large quantities

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29
Q

Simple Battery

A
  1. intentional use of force or violence on another
  2. without the consent of the victim
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30
Q

Second Degree Battery

A
  1. intentional use of force or violence on another
  2. without consent
  3. intentionally inflict serious bodily injury
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31
Q

Aggravated Battery

A
  1. intentional use of force or violence on another
  2. without consent
  3. force or violence was was inflicted with a dangerous weapon
  4. dangerous weapon was an instrumentality used in a manner likely or calculated to cause death or great bodily harm
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32
Q

Aggravated 2nd Degree Battery

A

intentionally INFLICTS serious bodily injury on the victim with a dangerous weapon

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33
Q

Assault

A
  1. Attempt to commit a battery; OR
  2. intentional placing of another in reasonable apprehension of receiving a battery
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34
Q

Simple Assault

A

without a dangerous weapon

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35
Q

Aggravated Assault

A

with a dangerous weapon

36
Q

Stalking

A

intentional and repeated following or harassing of another that would cause a reasonable person to feel alarmed or to suffer emotional distress

37
Q

Simple Kidnapping

A

intentional and forcible seizing and carrying of a person from one place to another without consent

38
Q

Second Degree Kidnapping

A

intentional and forcible seizing and carrying of a person from one place to another OR imprisoning and forcible secreting of any person when victim is:
1. used as a shield or hostage
2. used to facilitate the commission of or flight from a felony
3. physically injured or sexually abused
4. imprisoned or kidnapped for 72 hours or more
5. offender is armed with a dangerous weapon or leads victim to believe they are

39
Q

Aggravated Kidnapping

A

intentional and forcible seizing and carrying or enticing or persuading of a person from one place to another OR imprisoning and forcible secreting of any person

to force victim to give up something of value in order to secure a release of the person under the offender’s control

40
Q

False Imprisonment

A

Unlawful or intentional confinement or detention of another without consent or proper legal authority

False Imprisonment WITH A DANGEROUS WEAPON

41
Q

Defamation

A

malicious publication or expression in any manner, to anyone other than the party defamed, of anything that tends to:

  1. expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse;
  2. expose the memory of deceased person to hatred, contempt, ridicule; OR
  3. To injure any person, corporation, or association in his or its business or occupation
42
Q

Malice

A

if defamatory publication is false it is presumed malicious unless justifiable motive for making it is shown

IF true malice must be proved to convict

43
Q

Theft

A
  1. Misappropriation or taking
  2. of anything of value
  3. that belongs to another
  4. without consent or by fraudulent means
  5. with specific intent to deprive permanently
44
Q

Unauthorized use of a Movable/Automobile

A

intentional taking or use of a movable that belongs to another either without consent or through fraudulent practices WITHOUT intent to deprive permanently

45
Q

Forgery

A
  1. forge any signature to any writing purporting to have legal efficacy
  2. issue, transfer, or possess a forged writing, known by the offender to be forged
46
Q

Illegal Possession of Stolen Things

A

Intentional possessing, procuring, receiving, or concealing anything of value that has been subject of any robbery or theft and offender knew or had good reason to believe that the thing was subject of one of these offenses

47
Q

Unauthorized Removal of a Motor Vehicle

A

remove a motor vehicle from garage, repair shop, or storage facility where there is a charge due for work, service, os storage without paying for or making arrangements to pay

48
Q

Simple Robbery

A
  1. Taking of anything of value
  2. belong to another
  3. From the person of another that is in immediate control
  4. by use of force or intimidation
  5. NOT armed with a dangerous weapon
49
Q

Armed Robbery

A

Robbery while armed with a dangerous weapon

50
Q

1st Degree Robbery

A

lead victim to reasonably believe he is armed with a dangerous weapon

51
Q

2nd Degree Robbery

A

offender intentionally inflicts serious bodily injury

52
Q

Carjacking

A

intentional taking of a motor vehicle belong to another in the presence of that person, passenger, or any other person in lawful possession by force or intimidation

53
Q

Extortion

A

communication of threats to another with the intention to obtain anything of value

54
Q

Simple Burglary

A

Unauthorized entering of any dwelling or other structure with INTENT to commit a felony or theft therein at time of entry

55
Q

Aggravated Burglary

A

offender is
1. Armed with a dangerous weapon
2. arms himself with a dangerous weapon after entering
3. commits a battery upon any person actually present when the burglar enters

56
Q

Unauthorized Entry of Inhabited Dwelling

A

intentional ENTRY without authorization into any inhabited dwelling or structure belonging to another and used in whole or part as a home or place of abode

57
Q

Unauthorized entry of place of business

A

intentional ENTRY of a place of business without authorization that is completely enclosed by any type of barrier that is at least six feet in height and is used in whole or part as a place of business

58
Q

Simple Arson

A
  1. Intentional damaging by any explosive substance or the setting of fire to any property of another, without consent; OR
  2. unintentional starting of a fire or causing explosion while offender is engaged in the perpetration or attempted perpetration of another felony
59
Q

Aggravated Arson and Injury by Arson

A

intentionally damages by explosives or fire to any structure, watercraft, or movable property and it is FORESEEABLE that human life might be endangered

IF anyone is injured the crime is Injury by arson

60
Q

Arson with intend to defraud

A

arson with intent to defraud

61
Q

Simple Criminal Damage to Property

A

intentional damaging of any property of another, without consent, by any means other than fire or explosion

62
Q

Aggravated Criminal Damage to Property

A

intentional damaging of any structure, watercraft or movable property by any means other than fire or explosion when it is foreseeable that human life might be endangered

63
Q

Damage to Property with intent to defraud

A

self explanatory

64
Q

Criminal Trespass

A
  1. Enters a structure owned by another without authorization OR
  2. Remains on movable or immovable property owned by another without authorization

INCLUDES drones

65
Q

Entry on or Remaining in Places or on Land after being Forbidden

A

unlawful to enter after being forbidden to do so in writing or orally

66
Q

Perjury

A

intentional making of false written or oral statement, under oath or affirmation, in or for use in:
1. A judicial proceeding
2. Any proceeding before a board or official authorized to take testimony
3. any committee or subcommittee of the legislature

67
Q

Public Bribery

A

giving or offering to give anything of value with intent to influence conduct in relation to their position employment or duty to
1. public official or employee
2. juror
3. witness
4. elected official

68
Q

Obstruction of Justice

A

acts committed with knowledge that the act has or reasonably may or will affect an actual or potential present, past, or future criminal proceeding

  1. Tampering with evidence
  2. using or threatening force to influence testimony
  3. Retaliating against witness, victim, juror, judge that results in bodily injury
  4. Inducing or persuading false testimony
69
Q

Compounding a Felony

A

has knowledge of the commission of a felony and accepts anything of value, or a promise thereof, upon an express or implied agreement to conceal the offense or not to prosecute, reveal, or give evidence regarding the offense

70
Q

Resisting an Officer

A

intentional interference or opposition to individual acting in official capacity and authorized by law to make arrest, detention, seizure when offender knows or has reason to know that the person is acting in their capacity

71
Q

Flight from Officer

A

operator of motor vehicle intentionally refusing to stop after given visual and audible signal to stop by an officer with reasonable to believe offense has been committed

72
Q

Aggravated Flight From Officer

A

where human life is at danger is when operator commits AT LEAST TWO

  • leaving or forcing another vehicle to leave roadway
  • colliding with another vehicle
  • exceeding posted speed limit by 25mph
  • traveling against flow of traffic
  • failing to obey stop or yield sign
  • Failing to obey traffic signal
73
Q

Escape

A

intentional departure of an imprisoned, committed, or detained, person from a place where the person is legally confined

74
Q

Disarming a Peace Officer

A

threat or force without consent takes possession of any law enforcement equipment when person has reasonable belief victim is a peace officer acting in performance of duty

75
Q

Interfering with Law Enforcement Investigation

A

obstruction of a law enforcement officer conducting investigative work at a crime or accident scene by refusing to move or leave when ordered to do so

76
Q

False Communication with Intent to Cause an Emergency Response

A

communicate false or misleading information that indicates a crime has taken, is taking, or will take place, with intent to cause an emergency response

“swatting”

77
Q

Illegal use of Weapons or Dangerous instrumentalities

A

intentional or criminally negligent discharging of firearm, throwing, placing or other use of any liquid, or substance where it is foreseeable that it may result in death or great bodily harm to a human being

78
Q

Illegal Carrying of Weapons

A

Intentional concealment of any firearm, or other instrumentality for use as a dangerous weapon on ones person

79
Q

Possession of Firearm or concealed carry by Felon

A

one who has been convicted of a crime of violence or en enumerated felony or an attempt cannot conceal carry or possess firearm

80
Q

Illegally Supplying a Felon with a Firearm

A

intentional giving, selling, donating, providing, etc any person person known by offender to be a convicted felon and prohibited by law to possess a firearm

81
Q

Operating Vehicle While Intoxicated

A
  1. under influence of alcohol
  2. has blood alcohol concentration of 0.08 or more
  3. Is under the influence of a controlled dangerous substance
  4. under the influence of a combo of alcohol and one or more drugs not controlled dangerous substances
  5. under influence of one or more drugs that are not controlled substances
82
Q

Reckless operation of a vehicle

A

operating vehicle in a criminally negligent or reckless manner

83
Q

Hit and Run Driving

A

involved in or causes accident and intentionally fails to stop, give identity, or render reasonable aid

84
Q

Failure to seek Assistance

A

knows another has suffered injury must give reasonable assistance if it is safe to do so

85
Q

Video Voyeurism

A

image recording device to observe another for a lewd purpose or where the person observed has a reasonable expectation of privacy

ALSO includes transfer of an image obtained by live recording, email, internet, or commercial online service

86
Q

Drug Offenses

A

Louisiana’s Uniform Controlled Dangerous Substance Law

unlawful to:
knowingly or intentionally manufacture, distribute, use, or possess a controlled dangerous substance
ALSO
possess with intent to produce, manufacture, distribute, or dispense controlled dangerous substance

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