Criminal - Offesnes Flashcards
How are criminal statutes interpreted?
- Fair import approach; 2. If meaning of statute not apparent; use STRICT CONSTRUCTION against the state.
What is criminal intent?
- SPECIFIC intent state of mind–when circumstances indicate that the offender actively desired the prescrived criminal consequences to follow his act or failure to act. 2. GENERAL intent–when circumstances indicate that the offender, in the ordinary course of human experience, must have adverted to the prescribed crim conseque reas certain to occur as the result of his act.
What is criminal negligence?
- Requires MORE than ordinary negligence that would suppor tort recovery; 2. Must be such disregard to the extent that D’s conduct amounts to a GROSS deviation below the standard of care required of a reas careful person under the circ.
What are the defenses to criminal behavior?
- INFANCY–under the acge of 10; under age of 17, commits juvenile delinquency, with exceptions. 2. INSANITY–exculpatory, diminished responsibility; 3. INTOXICATION–involuntary intox creates criminal conduct/negates specific intent; 4. MISTAKE OF FACT–reas ignorance which negates presence of mental element required for crime; 5. MISTAKE OF LAW–either leg repeal/final judgment of crim court; JUSTIFICATION–D believes that his conduct is necessary under circ, and this belief is reas.
Does LA have a specific statute dealing with the application of deadly force?
No. 1. When a D kills a person claiming justification, the defense is controlled by the justifiable homicide statute; 2. In cases where DEADLY FORCE is used but does not result in death, D’s actions will be evaluated in terms of reas belief in the necessity for use of such force.
When is homicide justifiable?
When committed: 1. In self-defense by person who believes she is in imminent danger of death/great bodily harm; 2. To prevent violent/forciable felony involving danger to life/great bodily harm; 3. Against a person who one believes is liekly to use force while committing robbery; 4. Committing robbery/carjacking. When a person is LAWFULLY in dwelling/place of business/car, a PRESUMPTION exists that belief in the necessity to use force was reas if for purposes of preventing unlawful entry.
What are the two kinds of parties in LA?
- PRINCIPALS–all persons who directly commit the act constituting the offense OR who aid/abet–presence or absence at scene is irrelevant; acts of principals are generally imputed to other principals. 2. ACCESSORIES AFTER FACT–persons who, after another has committed a felony harbor, conceal, aid the felon, KNOWING or HAVING REAS GROUND TO BELIEVE that the person committed the felony. Must show speicific intent to assist felong to avoid arrest/escape.
What is criminal conspiracy?
Criminal conspiracy is the AGREEMENT of TWO or MORE persons, for the SPECIFIC purpose of COMMITTING any crime. Note: no conspiracy unless one of the parties does an act in FURTHERANCE of the object of the agreement. Note: Need an ACTUAL agreement, no conspiracy if one of them does not intentd to go through. Note: Specific intent to achieve a result that is CRIMINAL is all that is necessary.
What are the ramifications of criminal conspiracy?
Under LA law, the acts and statements of ONE conspirtor during the course of conspiracy can be attributed to ALL the conspirators. So, if during an armed robbery one of the conspirtors shoots the victim, that act will be imputed to all, supplying the actus reus (although mens rea will need to be established separately). Note: in LA, statements of co-conspirators are NON-HEARSAY.
Does the conspiracy MERGE into the completed offense?
No. Under LA law, there is no merger between conspiracy and the completed substantive offense. Person may be convicted of CONSPIRACY, COMPLETED OFFENSE, or BOTH.
How is a conspiracy terminated?
- Successful commission of the offense, or, its total frustration. 2. To WITHDRAW from a conspiracy a party must communicate withdrawal to other co-conspirators or report the matter to the police. 2. Fine or imprisonment in the same mannter as the principal offense, but NOT more than one-half. For death/life–hard labor for not more than 30 years.
What is criminal attempt?
Person: 1. Specific intent to commit a crime; 2. Does or omits an act; 3. For the purpose of/tending directly toward the accomplishing of his object; 4. Immaterial whether she would have accomplished her purpose; 5. Mere preparation to commit crime shall not be sufficient to constitute attempt; but lying in wait/moving toward consumnation of the offense may constitue attempt.
Does Louisiana ascribe to the doctrine of impossibility?
In LA, it is IMMATERIAL whether the circ are such that D cannot as a matter of FACT OR LAW commit an actual offense which she intends to commit; does not preven ther from being liable for attempt. It is not necessary to prove tht the attempt failed; attempt is considered a LESSER included offense, it does not merge into the crime.
What is the penalty for attempt?
Penalty for attempt is unusual; fine or imprisonment in same manner as principal offense/not more than one-half.
What is inciting a felony?
- Relative felony; 2. Inciting a felony is the endeavor by one person to INCITE or PROCURE another person to commit a felony.
What is soliciation for murder?
- Felony. 2. Intentional solicitation by one person of another person to commit or cause to be committed first or second degree murder.
What is homicide? What are the five classes of homicide?
Homicide is the killing of a human being by the act/procurement/culpable omission of another. 1. First degree murder; 2. Second degree murder; 3. Manslaughter; 4. Negligent homicide; 5. Vehicular homicide. Note: unborn child is not a human being unless child has been born alive. Note1: Legislature repealed one year/one day death rule.
What is first degree murder?
First degree murder is when the offender has SPECIFIC INTENT to kill or inflict great bodily harm AND is engaging in a felony; or, 2. Same as, and kills a cop/peace officer/fireman, or, 3. Same as, and UPON more than one person by same act; 4. Same as, but received or given value for the killing; 4. Same as, but killed person under 12 or over 65; 5. Same as, but RITUAL killing; 6. Same as, but in context of drug deal; 7. Same as, but victim was protected by court order from killer; 8. Same as, but victim was witness to a crime; 9. Same as but offender previously killed persons.
What is the penalty for first degree murder?
Whoever commits the crime of FDM shall be punsihed by DEATH or life imprisonment, in accordance with rec of the jury. Note, FDM always requires specific intent + an additional enhancing factor. Note: DA has discretion to seek life imprisonment or death.
What is second degree murder?
Killing of a human being when: 1. Offender has a SPECIFIC INTENT to kill or inflict great bodily harm; OR 2. Offender is engaged in armed perpetration of a felony, e.g., rape, arson, burglary EVEN THOUGH she has not intent to kill/inflict great bodily harm; OR 3. Offender unlawfully dispenses drugs which is direct cause of recipient who ingested/consumed it; OR 4. Offender gives drugs to another who dispenses to someone who dies as a result of ingestion; OR 5. Offender is engaged in perp of cruetly to juveniles even though no intent to kill/inflict great bodily harm.
What is the penalty for second degree murder?
Whoever commits the crime of second degree murder shall be punished by LIFE imprisonment at hard labor without parole/probation/suspension of sentence.
What is felony murder?
LA requires a STRONG causal connection between felon/death of the victim. Defendant must have been ACTUAL killer or a principal of the actual killer. Need CAUSATION, D must hav committed act/had act attribued to him/done act that directly placed victim in serious danger.
What is manslaughter?
A homicide which would be murder (first or second), BUT the offense is committed: 1. In sudden passion/heat of blood; 2. Caused by provocation; 3. Sufficient to deprive an average person of self-control; 4. Blood must not have cooled. D has BURDEN of proving mitigatin factors; OR A homicide committed without intent to ause harm when the offender is engaged in a non0enumerated feony/intentional misdemanor/resisting lawful arrests by means not inhernetly dangerous.
What are the two types of manslaughter?
- Death which results from an act intended to cause DEATH or great bodily harm (adequate provocation); OR 2. Death which was not intentional (perp of unenumerated felony/intentional misdemeanor/use of means not inherenty dangerous).
What is negligent homicide?
Either the following: 1. Killing of a human being by criminal negligence; 2. Killing of a human being by a dog or other animal when the owner is reckless and criminally negligent in confining/restraining the other dog or animal (does not apply to police dogs). Note: the violation of a statute/ordinance shall be considered only as PRESUMPTIVE evidence of such negligence. Need GROSS deviation from standard of care.
What is vehicular homicide?
- Killing of a human being; 2. Caused proximately/caused directly; 3. By offender engaged in operation/physical control of motor vehicle; 4. Whether or not offender had intent to cause death/bodily harm; 5. WHEN Offender is under influence of alcohol/drugs/feld the scene. NOTE: Vehicular homicide ONLY applies when the driver has imbibed alcohol/used drugs. If no drugs, negligent homicide statute. NOTE: Also falls under vehicular negligent injuring–if there is injury. Violation of statute only considered presumptive evidence. If SERIOUS bodily injury, falls under FIRST DEGREE vehicular negligent injuring.
What is criminal assistance to suicide?
- Encourage someone to commit suicide; 2. Providing phys means to enable someone to commit suicide; 3. Assist another to commit/attempt suicide. Does NOT apply to nurses that withdraw medical treatment to relieve suffering and NOT to cause death.
What is battery?
Battery is the intentional: 1. Use of force/violence upon the person of another; 2. Admin of posion to another; 3. Offender must apply SOME phys force toward the victim’s person, even if indirect/does not entail pain. Application of force must be unlawful, the person cannot have consented. Note: general criminal intent is all that is required, UNLIKE second degree battery.
What is aggrevated battery?
Aggrevated battery is a battery committed with a dangerous weapon. ANY intentional use of force with a dangerous weapon constitutes aggrevated battery.
What is second degree battery?
- Battery, 2. When the offender INTENTIONALLY; 3. Inflicts serious bodily injury. Note: this provision does NOT apply to medical providers who have obtained consent of a patient. Specific intent–UNLIKE the definition of battery. Note: Prosecutor is required to prove lack of consent.
What is aggrevated second degree battery?
Battery committed with a dangerous weapon where the offender INTENTIONALLY inflicts serious bodily injury. Serious bodily injury involves unconciousness; extreme phys pain; protracted/obv disfigurement/subst risk of death.
What is battery of a police officer?
- Battery (inlcudes throwing feces), 2. Committed without the consent of the victime; 3. When the offender has REAS GROUNDS to believe that the victim is a commissioned police officer acting in the performance of his duty. Note: Prosecutor is required to prove lack of consent; police officer likely needs to be a commissioned officer. Note1: Also, similar to batter of a school teacher.
What is domestic abuse battery?
INTENTIONAL use of force/violence by one member of a household upon another member of the household. Victim must be of opposite sex/living in same residence within five years of the occurrence WHETHER married or NOT.
What is battery of a child welfare worker? What is battery of a school athletic contest official?
- Without consent, when offender has reason to believe that victim is a child welfare worker in the performance of her duties and has presented proper identification; 2.
What is intentional exposure to the AIDS virus?
Intentional exposure of another to any acquired immune deficiency syndrome virus through sexual contact without knowing and lawful consent of the victim.
What is simple battery?
Simple battery is a battery committed without the consent of the victim. Pros must prove lack of consent. Spitting on a person is simple battery.
What is negligent injuring?
Negligent injuring is either the inflicting of any injury upon the person of another by CRIMINAL NEG or the inflicting of any injury by a dog/other animal when the owner is reckless/criminally negligent in confining the dog or other animal.
What is assault? What is aggrevated assault? What is simple assault?
An attempt to commit a battery OR the intentional placing of another is reas apprehension of receiving a battery. Assault may be committed in either of two ways: 1. ATTEMPT to inflict a batter; 2. Placing victim in APPREHENSION of impending battery. Aggrevated assault is an assault committed with a dangerous weaspon. Simple assault is an assault committed WO a dangerous weapon.
What is assault be drive-by shooting?
- Assault committed with a firearm when offender uses motor vehicle to facilitate the asault. Drive by shooting means discahrge of firearm from motor vehicle on public street/highway with intent to kill/cause harm/frighten another person.
What is aggrevated assault with a motor vehicle upon a peace officer?
If peace officer is acting withint the course/scope of duties; aslo extends to watercraft/aircraft.
What are the elements of terrorizing?
- Intentional communication of information; 2. That commission of crime/violence exists or is about to exist; 3. With intent to cause serious disruption to the general public; e.g., bomb scare.
What is stalking?
Intentional and repeated following or harassing of another person that would cause a reas person to feel ALARM or EMOTIONAL DISTRESS. Repeated pattern of verbal communication/non-verbal behavior. Does NOT apply to private investigators.
What is unlawful disruption of a school? What is cyberbullying?
- Intimidation/harassment of any student or teacher by force/threat of force; 2. Cyberbullying–transmission of any electronic textual/visual/written/oral communication with the malicious and willful intent to coerce/abuse/torment/or intimidate a person under the age of 18.
What is terrorism?
- Committed when offender has intent to: intimdate or coerce civilian population/affect conduct of unit of government BY the commission of any of the following acts: intentional killing/intentional infliction of serious bodily injury/kidnapping/aggrevated arson/intentional aggrevated criminal damage to property. 2. Aiding others in terrorism, including hindering prosecution or providing material support.
Is operating a vehicle without documentation that you are lawfully in a United States a crime?
Yes. No alien student or non-resident alien can drive in Louisiana WITHOUT documents showing that the person is lawfully present in the United States. Also giving false info to get drivers’ license is also a misdemenaor.
What is rape?
- Anal/oral/vaginal sexual intercourse; 2. With a male or female person; 3. Committed without the person’s lawful consent. Note: emission is not necessary; any penetration, however slight, is sufficient to complete crime. NO spousal immunity EXCEPT for simple rape.
What is aggrevated rape?
Rape committed without lawful consent WHEN: 1. Victim’s resistance is overcome by force; 2. Rapist threatens violence; 3. Victim is prevented from resisting because offender is armed with dangerous weapon; 4. Victim is under the age of 13 or oder than 65 (lack of knowledge not defense); 5. Where TWO or more offenders participated in act; 6. Where victim is preventing from resisting because of physical/mental defects.
What is forcible rape?
Rape without the lawful consent when: 1. Victim is prevented from resisitng by force/threats of physical violence; 2. Victim reas believes such resistance would NOT prevent the rape; 4. Victim was drugged by rapist.
What is simple rape?
- Victim is drunk & offnder knew or should have known of victim’s incapacity (lack of capacity); 2. Victim is temporarily/perm incapable of understanding the nature of the act–unsoundness of mind; 3. Femal victim submits under belief that person is her husband + belief inducted by artifice/pretense/concealment practiced by offender.
What are crimes against nature?
- Any unnatural carnal copulation between persons of same/opposite sex or with an animal. Force–oral–aggrevated crime against nature; Force–anal–rape; Consensual–oral or anal–crime against nature.
What is felony carnal knowledge of a juvenile?
A person who is age 17 or older: 1. Has sex; 2. With consent; 3. With a person; 4. Younger than 17, but older than 13, 4. When victim is NOT the spouse; AND 5. Age differential is four years or greater.
What is misdemeanor carnal knowledge of a juvenile?
Same elements has felony carnal knowledge of a juvenile, but the difference in age of the victim and offender is GREATER than TWO years, but LESS than FOUR years. Lack of knowledge of the juvenile’s age shall NOT be a defense. Over the age of 17 means day after birthday, etc.
What is sexual battery?
INTENTIONAL engaging in any of the following acts: 1. Touching of anus/genitals of the victim by the offender; 2. Touching anus of genitals of the OFFENDER by the victim, using any instrumentality or any party of the body of the victim IF offender acts: WITHOUT CONSENT of the victim, or, victime is LESS than age 15 and at least three years younger than the offender.
What is second degree sexual battery?
Second degree sexual battery is the INTENTIONAL engaging in any of the following acts with another person where the offender INTENTIONALLY INFICTS SERIOUS BODILY injury on the victim by touching anus/genitals. No spousal immunity.
