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Louisiana Bar Exam > Criminal Law, Procedure and Evidence > Flashcards

Criminal Law, Procedure and Evidence Flashcards

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2
Q

Principal

A

Commit criminal act or aid, abet or procure another to commit a crime

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3
Q

Possession of stolen things

A
  1. Intentional
  2. possession/procuring/receiving
  3. anything of value
  4. that has been acquired by robbery or theft
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4
Q

Obstruction of justice

A
  1. tampering with evidence

2. specific intent to doctor results of a criminal investigation

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5
Q

Illegal carrying of a firearm

A

Concealment of a firearm on one’s person

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6
Q

acquisition of a firearm for a convicted felon

A
  1. Intentionally
  2. Obtaining a firearm for another
  3. With knowledge that they are a convicted felon
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7
Q

Identity theft

A

Intentional or fraudulent use of another’s personal identification to obtain, possess, anything of value without authorization or consent.

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8
Q

Theft of an auto/carjacking

A
  1. Intentional taking of a motor vehicle
  2. belonging to another
  3. in the presence of the owner or driver (with authority to possess or use o/b/o owner)
  4. by use of force or violence
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9
Q

Flight from officer

A
  1. Failure to bring a vehicle to a stop after
  2. visual and
  3. audible signals from police.
  • aggravated if human life endangered
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10
Q

Resisting arrest

A

Intentional interference or resisting lawful arrest

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11
Q

Motion for continuance

A
  1. Written
  2. 7 days before trial
  3. State reasons
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12
Q

Best evidence rule

A

Duplicates are admissible unless

  1. Truly exceptional circumstances, OR
  2. Genuine issue raised as to authenticity
  3. Unfair to admit duplicate in lieu of the original
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13
Q

When severance allowed

A

When Joinder would be prejudicial

  1. Confusion of jury
  2. Unable to present a defense
  3. “Bad man taint”
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14
Q

Defendant’s previous convictions admissible if

A
  1. Defendant takes the stand
  2. Felon in possession of firearm - felony conviction is an element of the charge
  3. KIPPOMIA
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15
Q

Crawford

A

Prior testimonial statement not admissible unless

  1. Declarent unavailable, and
  2. Defendant had opportunity to cross examine Declarent at the time the statement was made.
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16
Q

Exceptions to warrant requirement (6)

A
  1. SITA
  2. Automobile
  3. Consent
  4. Plain view
  5. Stop and frisk
  6. Hot pursuit/exigent circumstances
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17
Q

Justification based defenses

A

Self defense
Prevent felony
Defense of others
Law enforcement purposes

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18
Q

Excuse based defenses

A

Infancy
Insanity
Intoxication (if precludes specific intent element of a crime)

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19
Q

Valid warrant

A
  1. Issued by neutral and detached magistrate
  2. Probable cause (specific articulable facts)
  3. Declaring w/ particularity the place to be searched and thing to be seized
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20
Q

Bruton problem

A

2 persons tried together and one has confessed

Cannot admit confession as right to confrontation prohibits the use of the statement

21
Q

Plain view seizure

A
  1. Police legitimately on premises
  2. Discover evidence, fruits of crime or contraband
  3. In plain view
  4. Probable cause to believe it is evidence, contraband or fruit of crime
22
Q

Stalking

A
  1. Intentional
  2. repeated following or harassing
  3. that causes alarm or distress
23
Q

False imprisonment

A

Intentional confinement (perceived or actual)W/out consent andW/out proper authority

24
Q

Drugs/CDS

A

Possession of a CDS and/or possession w/intent to distribute

25
Q

Criminal damage to property

A
  1. Intentional
  2. damage to structure or movable
  3. w/out consent

Aggravated if human life might be endangered

26
Q

Accessory after the fact

A
  1. Harbors, conceals or aids another
  2. w/ actual knowledge that they have committed a felony, and
  3. Intends to keep offender concealed to avoid punishment
27
Q

Due process re: line-ups

A

Violates due process if1. Unnecessarily suggestive and2. Substantial likelihood of misidentification or unreliable ID

28
Q

Aggravated Battery

A

Simple battery + dangerous weapon

29
Q

Aggravated 2nd degree battery

A

Aggravated 2nd degree if battery w/dangerous weapon AND serious bodily injury

30
Q

Theft

A
  1. Misappropriation or taking of
  2. Anything of value
  3. From another
  4. Without consent, or by means of fraud
  5. With the intent to permanently deprive
31
Q

Simple Battery

A
  1. Intentional
  2. use of force or violence, or Admin of poison/noxious substance
  3. w/out consent of victim
32
Q

2nd degree battery

A
  1. Simple battery, and

2. Serious bodily injury

33
Q

Aggravated arson

A
  1. Intentional damaging of property by means of fire or explosive
  2. Without consent
  3. Foreseeable that human life may be endangered
34
Q

Arson

A
  1. Intentional
  2. damaging of property by means of fire or explosive
  3. W/out consent
35
Q

Aggravated burglary

A
  1. Unauthorized entering of a dwelling or vehicle
  2. w/ intent to commit a felony therein
  3. person is present and
  4. offender is armed w/dangerous weapon or commits a battery inside
36
Q

Aggravated assault with a firearm

A

Intent or placing another in reasonable apprehension of an imminent batteryAccompanied by the discharge of a firearm

37
Q

Assault

A
  1. Intent or placing another in reasonable apprehension of
  2. an imminent battery
    * also attempt to commit battery
38
Q

Aggravated assault

A
  1. Intent or placing another in reasonable apprehension of
  2. an imminent battery
  3. While armed with a dangerous weapon
39
Q

Simple robbery

A
  1. Taking anything of value
  2. belonging to another
  3. from their person or immediate control
  4. by means of force or violence
40
Q

Armed robbery

A
  1. Taking anything of value
  2. belonging to another
  3. from their person or immediate control
  4. by means of force or violence

*5. While armed with a dangerous weapon

41
Q

2nd degree robbery

A
  1. Taking anything of value
  2. belonging to another
  3. from their person or immediate control
  4. by means of force or violence, AND
  5. Resulting in serious bodily injury
42
Q

Criminal trespass

A
  1. entering or remaining on the property of another

2. w/out authorization

43
Q

Conspiracy

A
  1. Agreement between two or more persons
  2. for the specific purpose to commit a crime, and
  3. Overt act in furtherance of criminal act
44
Q

Manslaughter

A

killing of a human being,

1.committed in sudden passion or heat of blood

  1. by provocation sufficient to deprive an average person of
    a: self-control and
    b: cool reflection.

OR

  1. while engaged in any felony not enumerated,
  2. an intentional misdemeanor against the person, or
  3. resisting lawful arrest.
45
Q

Second degree murder

A

Killing of a human being:
1. Specific intent to kill or cause great bodily harm, OR

  1. In perpetration of an enumerated felony, OR
  2. Victim dies as a result of CDS administered by D.
46
Q

First degree murder

A
  1. Specific intent to kill AND
  2. a: in perpetration of an enumerated felony,

OR

b: aggravating factor (victim is in law enforcement, victim is child under 13 or adult over 65 years old)

Louisiana Bar Exam (10 decks)

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