Criminal Law and Evidence Flashcards
Definition of a Crime
Conduct defined as criminal in the code, other acts of the Legislature, or in the Constitution.
Interpreted to give provisions genuine construction according to fair import of words taken in their usual sense.
Definition of Dangerous Weapon
Any instrumentality which, in the manner used, is calculated or likely to produce death or great bodily harm (GBH).
Can be an inherently harmless object, or even an unloaded gun where used as if it were loaded.
Principals
People who
- Commit criminal act, or
- Aid, abet, counsel, or procure another (PACA “Paco”) to commit a criminal act
Doesn’t matter if at scene or not
Accessory After the Fact
A person who:
- After felony
- Harbors, conceals, or aids,
- With actual or constructive knowledge of felony, AND
- Intent to help avoid punishment
Mens Rea
Intent can be either general or specific:
- General intent is when offender is aware that the criminal consequences were reasonably certain to result from act or omission
- Specific intent is when offender actively desired cr
First Degree Murder
- The killing of a human being,
- Where offender had specific intent (SI) to kill or inflict GBH, AND
- Was:
(a) engaged in perpetration or attempted perpetration of an enumerated felony, or
(b) when the crime or offender meets on eof the aggrivating factors
Enumerated Felonies for Murder
For both 1st and 2nd degree murder (except for terrorism):
Aggravated Burglary
Aggravated Arson
Aggravated or _2_nd degree _K_idnapping
Aggravated Escape
Aggravated or forcible Rape
Cruelty to juveniles
ARs: Armed, 1st degree, 2nd degree, or simple robbery
Assault by Drive by shooting
Terrorism (ONLY 1st degree murder)
Agg BAK2ER CArDT
Aggravating Factors for First Degree Murder
- Murder for Hire
- Fireman or law enforcement Officer (murder must be related to status)
- Victim or family member is Witness
- Victims under Age 12 or over 65
- Ritualistic acts
- Drug distribution or purchase
- Specific intent to kill Two victims (same act)
- No-contact Order between perpetrator and victim
- Prior killing with SI to kill or cause GBH
HOWARD TOP
Second Degree Murder
The killing of a human being:
- When offender has SI to kill or inflict GBH (no aggravating factor)
- Death during perpetration or attempted perpetration of an enumerated felony (see other card), with NO intent to kill or inflict GBH
- When offender unlawfully distributes or dispenses a controlled dangerous substance (CDS) which is the direct cause of death of recipient who ingested or consumed it
Note that for attempted murder, must have SI to kill, not just to inflict GBH
Manslaughter: two types
- Homicide that would be murder, but for:
(a) sudden _P_assion or heat of _B_lood,
(b) caused by Provocation,
(c) sufficient to deprive average person of self _C_ontrol and _C_ool reflection, AND
(d) there was no Time for blood to cool
B.PCT
- Homicide without SI to cause death or GBH, while:
(a) offender is perpetrating unenumerated felony
(b) offender is perpetrating an intentional misdemeanor against the person, or
(c) offender is resisting a lawful arrest (in a manner not inherently dangerous or where it would not be murder)
Negligent Homicide
- Killing by criminal negligence
- Killing by dog/other animal when owner is reckless and criminal negligent in animal’s confinement or handling (not applicable for police dogs, service dogs, or if victim is an intruder)
Violation of statute is only presumptive evidence of such negligence.
Vehicular Homicide
- Killing of a human being,
- By offender operating a vehicle, boat, or plane, or other means of conveyance, AND
- Under the influence of drugs or alcohol
If drugs/alcohol not involved, do NOT use vehicular homicide (instead look to negligent homicide)
Criminal Assistance to Suicide
- Intentional advising, encouraging, or assisting another to commit suicide, OR
- Providing physical means or knowledge of means to enable another to commit suicide
Battery Types
Simple battery: the intentional (a) use of force or violence, or (b) administration of noxious substance, (c) against another, (d) without the consent of the victim.
Aggravated battery: battery, with a dangerous weapon (note that consent doesn’t matter)
Second degree battery: battery, when offender (a) intentionally (SI), (b) inflicts serious bodily injury on victim (does not apply to medical providers)
Aggravated second degree battery: duh, just combine them
Miscellaneous Battery
Battery of:
1. Police officer
2. School teacher
3. Referee
4. Corrections officer
5. Bus operator
6. Child welfare worker
7. Infirm
8. Domestic abuse battery
PSR BICCD
Serious Bodily Injury
Definition:
1. Substantial Risk of death
- Unconsciousness
- Protracted and obvious Disfigurement
- Protracted loss or Impairment of the function of a bodily member, organ, or mental faculty, OR
- Extreme physical pain
RUDIE
Assault
Simple assault: (a) an attempt to commit a battery, or (b) the intentional placing of another in reasonable apprehension of receiving a battery
Aggravated assault: assault with a dangerous weapon
Aggravated assault with a firearm: aggravated assault committed with a firearm
Miscellaneous Assaults
- Assault by drive by shooting
- Aggravated assault on peace officer with a firearm (no discharge required)
- Aggravated assault with motor vehicle on peace officer
- Use of laser on police officer
- Assault on school teacher
- Mingling harmful substances
- Assault on child welfare worker
- Aggravated assault on utility worker with a firearm
Negligent Injuring Types
General negligent injuring: (a) inflicting injury (b) by criminal negligence
- violation of statute is presumptive evidence of negligence
Negligent animal handling: inflicting of injury by dog or other animal when owner is reckless and criminally negligent in confining the animal
Vehicular negligent injuring: inflicting of injury by person operating a car/boat/plane/other means of conveyance when under the influence of alcohol or drugs
First degree vehicular negligent injuring: same as vehicular negligent injuring, but involves inflicting serious bodily injury
Miscellaneous Assault and Battery Offenses
- Intimidation by officers: threats or violence to get confession from person in custody
- Terrorizing: intentional communication of information about impending harm to cause fear
- Stalking: intentional and repeated following or harassing causing alarm or distress, by a person who is not a private investigator
- Cyberstalking: use of email to extort, threaten, or harass
- Cyberbullying: transmission to torment a child under 18
- Cross burning: on property of another or public, with intent to intimidate
STICCC
Interference with Child Custody
The intentional taking of a minor by a parent without right of custody, with intent to take child from other parent that has the right of custody.
False Imprisonment
General: the (a) intentional confinement or detention of another, (b) without consent, and (c) without proper legal authority
False imprisonment with a dangerous weapon: unlawful intentional detention or confinement of another, while offender is armed with a dangerous weapon
Human Trafficking
(a) Recruiting, HArboring, Transporting, or Soliciting, RHATS
(b) a person to provide services or labor
(c) through fraud, force, or coercion
Simple Kidnapping
(a) intentional and forcible seizing and carrying of person from one place to another without consent, or
(b) intentional taking for unlawful purpose the child of another, who is under 14, without consent of parent or guardian
(c) intentional taking of institutionalized person without consent of proper authority
(d) intentionally taking a child out of state from custodian with intent to defeat jurisdiction
Aggrivated Kidnapping
Aggravated kidnapping:
- Either (a) forcibly Seizing and Carrying from one place to another, (b) Persuading of person to go from one place to another, or (c) forcibly Secreting any person, SCarPS
- To force someone to give up something of value
- In order to secure release
Robbery (Types)
Simple robbery is the (a) taking of anything of value, (b) belonging to another, (c) from the person of another or their immediate control, (d) by the use of force or intimidation, (e) when not armed with a dangerous weapon.
Armed robbery: same, but while armed with a dangerous weapon
First degree robbery: same, but when perpetrator leads victim to reasonably believe that he is armed with a dangerous weapon
Second degree robbery: same as simple, but when offender intentionally inflicts serious bodily injury
Carjacking
- Intentional taking of a motor vehicle
- Belonging to another
- In the presence of person in possession of the vehicle
- By the use of force or intimidation
Purse Snatching
- Theft of anything of value
- Within purse or wallet
- From the person of another, or their immediate control
- With force, intimidation, or snatching
- While NOT armed with a dangerous weapon
Extortion
- Communication of threats to another
- With intention to obtain anything of value or any advantage (from person or family member)
Burglary (all types)
Simple burglary:
1. Unauthorized entering
2. of any dwelling, vehicle, other Structure, or cemetary
3. with Intent to commit a Felony or Theft
U SIFT
Aggravated burglary: Simple + 1) armed or becomes armed with a dangerous weapon, OR 2) commits a battery.
Misc. burglary: Simple +
- Inhabited dwelling: structure used as a home
- Pharmacy: unauthorized entry + intent to commit theft of drug
- Religious bilding
- Law enforcement or emergency vehicle
Unauthorized Entry
Intentional entry without authorization into:
1. an Inhabited dwelling (structure used as a home)
2. Critical infrastructure (completely enclosed by barrier)
3. place of Business (if completely enclosed by a six foot barrier)
4. dwelling during Disaster (unless attempting to rescue or seek refuge)
BIC’D
Separated from burglary by the lack of intent to commit a felony or theft
Looting
- Intentional entry into any immovable or movable
- When normal security is not present
- Because of force majeure or riot
- To obtain control over, damage, or remove the property of the owner
There are enhanced penalties if there is a declared state of emergency
Home Invasion
Unauthorized entry of home when person is present with specific intent to use force against the person or to harm property
Criminal Trespass
- Entering or remaining on
- A movable or immovable
- Owned by another
- Without express, legal, or implied authorization
Includes entry on or remaining in place after being forbidden
Does NOT apply to: police, fire department, EMTs, or government agents
Arson: simple (2), agg, misc
Simple Arson: (a) intentional damaging of the property of another by explosion or fire without consent, OR (b) unintentional fire or explosion during felony
Aggravated Arson: the intentional damaging of the property of another by explosion or fire without consent, where it is foreseeable that human life might be endangered
Miscellaneous Arsons:
- Simple arson of a religious building
- Arson with intent to defraud
- Placing combustible materials near structure, movable, or forestland with specific intent to set fire is an attempted arson
- Manufacture or possession of a bomb
- Manufacture or possession of fake explosive device with the intent to influence action of official or officer OR to make a threat during a felony
- Communicating false info about a planned arson, OR a planned school bombing
- Injury by arson
Criminal Mischief
- Throwing a Missile in a public place
- Giving _F_alse alarm of _F_ire that would reasonably result in emergency response
- Giving False report of a crime to an officer
- Graffiti on property without consent
- Remaining in place of business after being told to leave
- Discharge of a firearm at a Train
- Tampering with the property of another without consent with specific intent to interfere with enjoyment or use
Mis(chie)FFF Gr(i)TT
Criminal Damage to Property (types)
Simple: intentional damaging of property without consent other than by fire/explosion
Aggravated: intentional damaging of structure or movable without consent other than by fire/explosion, where it is foreseeable that human life may be endangered
Miscellaneous:
- Criminal damage to a coin operated device
- Criminal damage to a pipeline facility
- Criminal damage to genetically engineered crops or facilities
- Criminal damage to property without the intent to defraud
- Contaminating water supplies (public or private)
- Criminal damage by defacing with graffiti
Theft
- Misappropriation or taking
(a) without consent, OR
(b) by means of fraud - Of anything of value belonging to another
- With SI to permanently deprive
MinTy CoiF
List of Miscellaneous Thefts
- Unauthorized use of access Card (includes credit and ATM cards, if used with intent to defraud, and includes cards that are forged, revoked, stolen, or borrowed”)
- Theft of:
(a) Livestock
(b) Animals
(c) Utility services
(d) Petroleum products
(e) Oilfield geological survey, seisomograph, etc.
(f) Oil and gas equipment
(g) Goods
(h) Timber
(i) Alligator
(j) Firearm
(k) Motor vehicle fuel
(l) Anhydrous ammonia
(m) Business records
(n) Assets of an aged or disabled person
(o) Used building component
(p) Identity
(q) failure to pay Bridge toll
(r) Crawfish
(s) utility property
(t) motor Vehicle
(u) Copper from church or graveyard
CLAUPOOGTAFMABAUIBCVC
CATABOLIC VACCUUM BAG FOP
Criminal Fraud
- issuing worthless Checks (must have SI to defraud and knowledge that checks would bounce when issued)
- Credit card fraud
- anti-Skimming of payment card info
- fraudulent acquisition of rental motor vehicle
- Cheating or swindling (trick, slight of hand, or fraud in connection with gaming)
- fraudulent acquisition of a credit card
- Medicare fraud
- false accounting in a civil matter
- refund or access device application fraud
- fraud in selling agricultural equipment
- access device fraud
- fraudulent remuneration
- use of forged Academic records
- Home improvement fraud
- Mortgage fraud
CCCS M HAM
Unauthorized Activity (Use)
- Unauthorized use of movable:
(a) intentional taking of a movable
(b) that belongs to another
(c) without consent, or by fraud
(d) without intent to permanently deprive (this is difference from theft) - Unauthorized use of food stamps
- Unauthorized removal of motor vehicles from the shop when payment is due
- Unauthorized ordering of goods or services
Possession of Stolen Things
- Intentional possession
- of anything of Value
- which has been the Subject of a robbery or theft
- When offender Knew or had good reason to believe the thing was stolen
VIKS
Affirmative defense if offender writes to the DA within 72 hours of acquisition
Also have separate crime for illegal possession of stolen firearms
Miscellaneous Theft Crimes: 3 things
- Commercial bribery:
(a) paying agent with knowledge of principal
(b) SI to influence agent’s action - Computer crimes:
(a) offenses against Intellectual Property (destroying/taking)
(b) offenses against computer Equipment or supplies
(c) offenses against computer Users
(d) computer Fraud
(e) offenses against Electronic mail
(f) computer Tampering
IPEUFET
- Disposal of property encumbered by security interest with intent to defeat security interest
Inchoate Crimes (types)
CIA
- *Attempt:**
(a) SI to commit crime, where offender
(b) does or omits act
(c) for the purpose of and tending directly toward accomplishing the object
Conspiracy:
(a) agreement or combination of two or more persons
(b) for the specific purpose of committing any crime
(c) AND an overt act in furtherance
Inciting a felony: inciting or procuring another person to commit a felony
Solicitation for murder
Driving While Intoxicated + defense
DWI:
- Operating any vehicle,
- With or without drivers license,
- When under the influence of drugs or alcohol
(a) BAC .08 or more
(b) under influence of controlled dangerous substance
It is an affirmative defense that the drugs were lawful but in an excessive dose. It is an affirmative defense that impairment was caused by combo of alcohol and legal drug, when package did not warn of combo.
Other Vehicular Crimes
- Reckless operation of vehicle
- Hit and run
(a) intentional failure (b) to stop and (c) give identity and (d) to render aid at the scene of an accident - Forgery of insurance ID card
- Driving with suspended license
Disturbing the Peace
Something that would foreseeably disturb or alarm the public.
Includes:
1. Fist fight
2. appearing Intoxicated
3. use of offensive or derisive Words in a public place
WIF
Firearm Crimes
- Possession on premises of alcoholic beverage outlet
- Possession by convicted felon (of crime of violence)
- Supplying known felon with firearm
- Intentional concealment of firearm or other weapon on one’s person
Crimes Involving Interaction with Law Enforcement (types)
- Resisting an officer
(a) intentional interference or resisting lawful arrest
(b) resisting with force or violence is a separate and more serious crime - Flight from an officer
(a) failure to bring boat or vehicle to a stop
(b) after visual AND audible signal
(c) when officer has probable cause
(d) “aggravated” where human life is endangered - Filing false complaint against officer for administrative action
- False impersonation of an officer (including lights, sirens, and badge)
After the Fact Crimes
- Obstruction of justice:
(a) tampering with evidence, OR
(b) threatening force or retaliation for testimony when it has or reasonably may affect potential criminal proceeding - Accessory after the fact:
(a) harbors, conceals, or aids felon HACs
(b) knows or reasonably should have known that person committed felony
(c) SI to avoid punishment
3. Compounding felony: getting money from offender in agreement to withhold information about felony
4. Intimidating witness or member of immediate family
Miscellaneous Crimes
- unauthorized operation of a recording device in Movie theater
- unlawful sale of morbidly violent Video games
- keeping Disorderly place (intentional maintenance of place habitually used for illegal purpose)
- Bear wrestling (intentional promotion or participation)
- conducting Cockfighting or fighting chickens
- public display of a Noose to intimidate
- wearing body Armor to school if not a police officer
- abuse of Office (using office to demand something of value)
- unlawful disruption of School operations
- Bail jumping
- illegal use of Tracking device (exception for parents and employers)
MVDBCNAOST
BOAST MCloVN D
Types of Defenses
- Infancy
- Insanity
- Intoxication
- Mistake
- Duress
- Justification
Defense – Infancy
Defendant under age 10
Defense – Insanity
McNaughton standard:
- Defendant incapable of distinguishing between right and wrong
- Because of mental disease or defect
Defense – Intoxication
Involuntary intoxication: defense if intoxicant was the direct cause of the crime
Voluntary intoxication: defense only if intoxicant precluded SI or special knowledge element of crime
Otherwise, intoxication is immaterial
Defense – Mistake
Mistake of fact: a reasonable mistake of fact that precludes a mental element of the crime is a defense, unless provided otherwise in the statute (like for carnal knowledge)
Mistake of law: ignorance of the law is never a defense, unless
(a) defendant reasonably relied on act of repeal by legislature, or
(b) defendant reasonably relied on judgment of Supreme Court that law was unconstitutional
Defense – Duress
- Threat of death or great bodily harm to defendant
- Defendant reasonably believed person was present and harm was imminent
NOT a defense to murder
Defense – Justifiable Homicide
-
Self Defense:
(a) defendant in imminent danger,
(b) of receiving GBH, and
(c) killing is necessary to save himself
Note that aggressor can’t claim this unless he withdrew
-
Prevention of felony:
(a) force was used to prevent violent or forcible felony involving GBH, and
(b) defendant had reasonable belief that the offense was imminent and force was necessary to prevent it
*self defense + violent or forcible felony
-
Shooting of burglar:
(a) defendant used force against person in dwelling, business, or car
(b) person was committing burglary or robbery
(c) person was reasonably likely to use unlawful force against occupant -
Shooting of intruder:
(a) defendant used force against person unlawfully in or attempting to get in dwelling, business, or car
(b) defendant was lawfully inside (giving rise to presumption that defendant believed that deadly force was necessary to prevent entry)
(c) defendant reasonably believed deadly force was necessary to prevent entry or compel intruder to leave
Defense – Use of Nonlethal force
- Defendant used force to prevent forcible offense or trespass against property in a person’s lawful possession
- Force was reasonable
- Force was apparently necessary to prevent offense
Defense – Law Enforcement
Defense that conduct was apparently authorized in reasonable fulfillment of duties
Defense of Others
Force is ok if person attacked could have used the same means to protect themselves.
Property Crimes Comparison
Criminal Mischief + Damage = Criminal Damage to Property
Criminal Damage to Property + Fire/Explosion = Arson
Arson + Endangering Human Life = Aggravated Arson
Taking Crimes Comparison
Taking Property + Value + Belonging to Another - Consent = Basic Taking
Basic Taking + (Fraud possibility) = Unauthorized Activity
Unauthorized Activity + SI to Permanently Deprive = Theft
Theft + From Person or Immediate Control = Simple Robbery
Simple Robbery + “Weapon” = 1st Degree Robbery
Simple Robbery + SBI = 2nd Degree Robbery
Simple Robbery + Weapon + Force/Intimidation = Armed Robbery
Theft/Felony + Unauthorized Entering + Dwelling/Vehicle/Structure = Simple Burglary
Miscellaneous Theft Crimes: Commercial bribery:
(a) paying agent with knowledge of principal
(b) SI to influence agent’s action
Miscellaneous Theft Crimes: Computer crimes:
(a) offenses against Intellectual Property (destroying/taking)
(b) offenses against computer Equipment or supplies
Second Degree Kidnapping
Second degree kidnapping:
- Either (a) forcibly seizing and carrying from one place to another, (b) persuading of person to go from one place to another, or (c) forcibly secreting any person,
- When victim is: SAW fFf(i)T
(a) used as Shield or hostage
(b) injured or sexually Abused
(c) imprisoned when offender has or suggests he has a dangerous Weapon
(d) used to facilitate fFfelony or flight from felony
(e) imprisoned for 72+ hours (Time)
Aggrivated Kidnapping of a Child
Aggravated kidnapping of child:
- The taking, enticing, or removing (TREnt) of child under 13 from a location
- For unlawful purpose
- By offender who is not a parent, grandparent, or guardian
- With intent to secret child from parent/guardian
Types of Kidnapping
- Simple Kidnapping – intentional or forcible seizing and carrying of any person from one place to another w/o his consent (+ kid under 14 for unlawful purpose)
- Aggravated Kidnapping – simple k/imprisonment with intent to force victim or another to give something of value to secure release
- Aggrivated Kidnapping of Child
- 2nd degree Kidnapping – kidnapping + victim is shield/hostage, facilitating felony or flight therefrom, physically injured/sexually abused, > 72 hrs, dangerous weapon or victim reasonably believes
General Negligent Injurying
General negligent injuring: (a) inflicting injury (b) by criminal negligence
- violation of statute is presumptive evidence of negligence
Negligent Animal Handling
Negligent animal handling: inflicting of injury by dog or other animal when owner is reckless and criminally negligent in confining the animal
Vehicular Negligent Injuring
Vehicular negligent injuring: inflicting of injury by person operating a car/boat/plane/other means of conveyance when under the influence of alcohol or drugs
First degree vehicular negligent injuring: same as vehicular negligent injuring, but involves inflicting serious bodily injury
Simple Battery
Simple battery: the intentional (a) use of force or violence, or (b) administration of noxious substance, (c) against another, (d) without the consent of the victim.
Aggrivated Battery
Aggravated battery: battery, with a dangerous weapon (note that consent doesn't matter)
Second Degree Battery
Second degree battery: battery, when offender (a) intentionally (SI), (b) inflicts serious bodily injury on victim (does not apply to medical providers)
Aggravated second degree battery: duh, just combine them
Resisting an Officer
- Resisting an officer
(a) intentional interference or resisting lawful arrest
(b) resisting with force or violence is a separate and more serious crime
Flight From an Officer
Flight from an officer
(a) failure to bring boat or vehicle to a stop
(b) after visual AND audible signal
(c) when officer has probable cause
(d) “aggravated” where human life is endangered
Simple Robbery
Simple robbery is the (a) taking of anything of value, (b) belonging to another, (c) from the person of another or their immediate control, (d) by the use of force or intimidation, (e) when not armed with a dangerous weapon.
Armed Robbery
Armed robbery: Simple robbery, but while armed with a dangerous weapon
First Degree Robbery
First degree robbery: Simple robbery, but when perpetrator leads victim to reasonably believe that he is armed with a dangerous weapon
Second Degree Robbery
Second degree robbery: Simple robbery, but when offender intentionally inflicts serious bodily injury
Attempt
CIA
- *Attempt:**
(a) SI to commit crime, where offender
(b) does or omits act
(c) for the purpose of and tending directly toward accomplishing the object
Conspiracy
- *Conspiracy**:
(a) agreement or combination of two or more persons
(b) for the specific purpose of committing any crime
(c) AND an overt act in furtherance
Inciting a Felony
Inciting a felony: inciting or procuring another person to commit a felony
Simple Criminal Damage to Property
Simple: intentional damaging of property without consent other than by fire/explosion
Aggravated: intentional damaging of structure or movable without consent other than by fire/explosion, where it is foreseeable that human life may be endangered
Miscellaneous:
- Criminal damage to a coin operated device
- Criminal damage to a pipeline facility
- Criminal damage to genetically engineered crops or facilities
- Criminal damage to property without the intent to defraud
- Contaminating water supplies (public or private)
- Criminal damage by defacing with graffiti
Aggrivated Criminal Damage to Property
Aggravated: intentional damaging of structure or movable without consent other than by fire/explosion, where it is foreseeable that human life may be endangered
Misc. Criminal Damage to Property Crimes
Miscellaneous:
- Criminal damage to a coin operated device
- Criminal damage to a pipeline facility
- Criminal damage to genetically engineered crops or facilities
- Criminal damage to property without the intent to defraud
- Contaminating water supplies (public or private)
- Criminal damage by defacing with graffiti
