Criminal Law - Loyola L1

Simple Burglary

Unauthorized entering of any dwelling, vehicle, watercraft, or structure, movable or immovable, with intent to commit a felony or theft.

Specific Intent

The state of mind when the offender actively desires the criminal consequences of their act or failure to act.

Voluntary Intoxication Defense

Defense only if it prevents the formation of specific criminal intent.

Second Degree Murder

Killing a human being when the offender has specific intent to kill or inflict great bodily harm.

Second Degree Battery

Intentional use of force or violence on another, without consent, when the offender intentionally inflicts serious bodily injury.

Aggravated Rape

Anal or vaginal intercourse with a person under age 12, without lawful consent.

Armed Robbery

heft of anything of value while armed with a dangerous weapon. Requires only general intent.

Negligent Homicide

Killing of a human being by criminal negligence.

Criminal Negligence

Gross deviation from the care expected of a reasonably careful person under similar circumstances.

Attempt

Doing an act with intent to commit a crime that would be a felony or misdemeanor, even if the crime is not completed.

Insanity Defense

A person is not criminally responsible if, due to mental disease or defect, they cannot distinguish between right and wrong.

Burden of Proof for Insanity

The defendant must prove insanity by a preponderance of the evidence.

Justification and Coercion

Coercion is not a defense to murder but may reduce the degree of the crime.

Presumption of Sanity

Every person is presumed sane unless proven otherwise.

Aggravated Battery

Battery committed with a dangerous weapon.

Fraudulent Obtaining of Controlled Substances

Obtaining controlled dangerous substances by fraudulent means.

Which insanity test has been adopted by the Louisiana Legislature

M'Naghten Test

Under the M'Naghten test, a defendant is exempt from criminal responsibility if....

He was incapable of distinguishing right from wrong.

The Durham or "product" test focuses on...

Whether the crime was the product of mental disease or defect

The Irresistible Impulse Test requires proof that:

The D was driven to act by an enormous desire that he couldn't control

Louisiana law places the burden of proving insanity on:

The defendant, by preponderance of the evidence

In State v. Bailey (where D tried to kill his parents), what was emphasized about insanity and schizophrenia?

D must show mental illness prevented distinguishing right from wrong

Which presumption applies in Louisiana criminal law?

Presumption of sanity

The key difference between competency to stand trial and insanity is that competency concerns:

Whether the D can understand the proceedings & assist in his defense

Evidence that a defendant attempted to hide the crime is often considered:

Evidence of knowing right from wrong

According to Louisiana courts, the presumption of sanity is based partly on:

Societal value of imposing personal responsibility

In insanity cases, expert psychiatric testimony:

May be accepted or rejected in whole or part by the jury

Voluntary intoxication ss a separate defense from insanity? T/F

True

Under Louisiana law, diminished capacity:

Is not recognized as a defense

Insanity can be a defense in any charge. T/F

True

Summarize the Louisiana approach to insanity

Sanity is presumed, and D must prove insanity by preponderance of evidence

A defendant always has a right to raise a defense that might prove his innocence. T/F

True

Which insanity test has been adopted by the Louisiana Legislature?

The M'Naghten test

The defense of insanity is an affirmative defense that the plantiff must prove. T/F

False, defendant

What is the burden of proof on the insanity issue?

Proof by a preponderance of the evidence.

Rank the Standards of Proof (5)

1. Beyond a Reasonable Doubt

2. Clear and Convincing

3. Preponderance of the evidence

4. Probable Cause

5. Resonable Suspicion

The State must prove every element of the crime beyond a reasonable doubt. T/F

True

The presumption of sanity infringes upon the D's presumption of innocence. T/F

False,

Presumption of Innocence: Protects the defendant's rights during trial.

Presumption of Sanity: Relevant when a mental health defense is raised.

A person who acts with diminished capacity when committing a crime is insane in Louisiana. T/F

False, diminished capacity does not equate to legal insanity

D's competency to stand trial is different from whether he was insane at the time of the crime. T/F

True

A D with schizophrenia, hallucinations, and homicidal tendencies is always legally insane. T/F

False, not always

A D who is mentally ill, depressed, sees & hears things, mumbles, & talks to himself is always insane.

False, not always

Voluntarily induced intoxication can be a defense to any crime. T/F

False, not for specific intent crimes

With general intent crimes, intent is found in the D's intent to become intoxicated. T/F

True

If D can't tell right from wrong due to alcohol alone, this is a defense to aggravated rape. T/F

False, inability to tell right from wrong due to alcohol alone is generally not a valid defense to aggravated rape, as consent and intent are critical factors in such cases.

The Q of whether the D's intoxication negated his specific intent is a question for the jury. T/F

True

Trying to hide evidence of a crime is the most important proof of knowing right from wrong. T/F

True

Involuntary intoxication can be a defense to any crime. T/F

True

A homeowner may kill a cop who uses unreasonable force if necessary to avert great bodily harm. T/F

True

An arresting officer may not employ unnecessary and unreasonable brutality in arresting. T/F

True

An officer may use reasonable force to effect a lawful arrest. T/F

True

The DA has the BOP beyond a reasonable doubt that D did not commit a homicide in self-defense. T/F

True

There is no clear rule in La. for who has the BOP of self-defense or lack of self defense in a non-homicide case. T/F

True

An aggressor or one who brings on the difficulty can never claim self-defense. T/F

False, if aggressor decides to withdraws from the conflict in good faith

self-defense requires a dual inquiry, an objective inquiry and a subjective inquiry. T/F

True

To successfully plead self defense, the D must subjectively believe force was necessary. T/F

True

What is a factor that is not important in a self-defense analysis?

The possibility of safely retreating.

A D is not entitled to use deadly force if she could safely retreat and avoid harming another. T/F

False, stand your ground statue

Second degree murder requires what

proof of specific intent to kill OR to inflict great bodily harm

Attempted second degree murder requires what

proof of specific intent to kill AND a substantial step taken toward committing the murder.

After a verdict of not guilty on a murder, the State can appeal and argue for manslaughter. T/F

False, they cannot

After a jury verdict of guilty on a M2 charge, the judge can acquit the D. T/F

True

After the judge renders a post-verdict judgment of acquittal, the State can appeal. T/F

True

Specific Intent

Intentionally doing something (or not doing something) that leads to a crime, along with the intention to commit that crime.

General Intent

Simply doing something (or not doing something) that results in a crime, without needing to intend to commit a crime.

Criminal Negligence

Failing to act in a reasonable way, which leads to criminal consequences.

Bill of Information

Written accusation of crime made by the DA or the city prosecutor and signed by him.

Indictment

Written accusation of crime made by a grand jury. - Must be concurred by not less than 9 (of 12) grant jurors.

Lesser and included offenses

An offender can be charged with either a greater offense or one of its lesser offenses. If the offender is charged with the greater offense, they can still be found guilty of any of the lesser offenses that are part of it.

Burdens of Proof (lowest to highest)...

a. Reasonable suspicion;

b. Probable cause;

c. Preponderance of the evidence;

d. Clear and convincing;

e. Beyond a reasonable doubt.

f. *NOTE: the burden of proof is almost always on the State (who is accusing the D) to prove the D’s guilt.

2 elements that MUST be proven beyond a reasonable doubt to prove a crime.

Actus Rea and Mens Rea

Actus Rea

Guilty act; external element of a crime that requires proof of some act, omission, or

attendant circumstance.

Mens Rea

Guilty mind; mental element of a crime that requires proof that the D acted with

criminal intent, recklessness, or criminal negligence.

(T/F) You cannot transfer specific intent – it must be proven for each person.

True

(T/F) Specific Intent is a state of mind and need not be proved as fact; it may be inferred from the circumstances by the trier of fact.

True

Below 12 years of age are exempt from criminal responsibility. T/F

False, below 10

Battered Wife Syndrome (BWS)

Commonly used by women charged with murder/battery of spouse. D must plead not guilty and not guilty by reason of insanity. D must plead both on the basis of BWS to prevent psychiatric testimony.

You can never say that consumption of drugs/alcohol caused a mental disease/defect for the

insanity defense T/F

True

When a D i s voluntarily intoxicated, his criminal intent can usually be found in his intention to

become intoxicated. T/F

True 

Addiction does not constitute involuntary intoxication. T/F

True

Actus Reus

act or inaction

Mens Rea

mental aspect of crime

Causation

defendant’s actions do not need to be sole cause of death

Five grades of homicide

First degree murder

Second degree murder

Manslaughter

Negligent homicide

Vehicular homicide

First Degree Murder

(1) the killing of a human being; AND

(2) when the offender has the specific intent to kill or to inflict great bodily harm; AND

(3) is engaged in an aggravated circumstance

Aggravated Circumstances for M1

The death must occur during the commission or attempted commission of a felony that is classified as dangerous. Examples of such felonies include:

• Aggravated kidnapping/2DK

• Aggravated escape

• Aggravated arson

• Aggravated rape & forcible rape

• Aggravated burglary, armed robbery, first degree robbery, second degree robbery or simple robbery

• Assault by drive-by shooting

• Cruelty to juveniles/2nd degree cruelty to juveniles

• Terrorism

• Killing of a firemen or peace officer engaged in the performance of his lawful duties (Includes DA and certain lab technicians)

• Killing when the offender has the specific intent to kill or to inflict great bodily harm upon more than one person

• Murder for hire

• When victim is under the age of 12 or over the age of 65

• Serial killer

• On an on-duty taxi driver

• Motor vehicle for hire containing six passengers or less

• Witness to crime or family member or prevent them from testifying.

First & Second Degree Murder Punishment

M1 = Death or life in prison

M2 = life in prison

Second Degree Murder

(1) Killing of a human being when the offender has specific intent to kill or to inflict great bodily harm (cold-blooded murder/premeditated),

OR

(2) Killing of a human being during specific felonies (does not require specific intent);

• Aggravated kidnapping/2DK

• Aggravated escape

• Aggravated arson

• Aggravated rape & forcible rape

• Aggravated burglary, armed robbery, first degree robbery, second degree robbery or simple robbery

• Assault by drive-by shooting

• Cruelty to juveniles/2nd degree cruelty to juveniles

• Terrorism

Types of Manslaughter

2 types = Heat of Passion and Felony MS

Heat of Passion MS

Homicide which would be M1 or 2, but the offense is 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.

Felony MS

Homicide committed without any intent to cause death or great bodily harm. 

1. When offender is engaged in (attempted) perpetration of felony not enumerated in Article 30 or 30.1 or of any intentional misdemeanor directly affecting the person;

OR

2. Offender is resisting lawful arrest by means not inherently dangerous and the

circumstances wouldn’t be murder under Article 30/30.1.

Proximate Cause Theory

D is liable for any death proximately resulting from unlawful activity, not with standing the fact that the killing was by one resisting the crime.