Louisiana Criminal Law Flashcards

A set of 120 vocabulary flashcards covering Louisiana Criminal Law definitions, elements, and statutory triggers.

CRAC Method

A format for exam writing consisting of: Conclusion, Rule, Application, and Conclusion.

State's Burden of Proof

The requirement to prove the elements of a crime beyond a reasonable doubt.

Defense Burden of Proof (Manslaughter/Defenses)

Beyond a preponderance of the evidence in Louisiana, or beyond reasonable doubt in other jurisdictions.

ACTUS REUS (Textbook Definition)

An "act" that is the external manifestation of will through VOLUNTARY muscular movement which produces consequences.

ACTUS REUS (Simple Definition)

The physical and voluntary conduct, circumstances, and consequences required by the definition of an offense.

Omission

A person's failure to act which is only a crime when a legal duty to act exists and the failure results in harm to the victim.

Omission: Statute Duty

A Duty of Care imposed by legislative act or law.

Omission: Status Duty

A Duty of Care established by a certain status or relationship between parties.

Omission: Contractual Duty

A Duty of Care established via a legal or professional contract.

Omission: Voluntary Assumption

A Duty of Care established by the voluntary assumption of care and seclusion.

People v. Beardsley

A case holding that there is no legal duty based on moral obligation; a defendant did not owe a mistress the same DOC he owed a wife.

CAUSATION

The requirement that a person must be both the actual and proximate cause of the criminal outcome.

Actual Cause

The "BUT FOR" test; the result would not have occurred without the defendant's acts.

PROXIMATE CAUSE

A cause that is foreseeable in the chain of events leading to the result.

Intervening Acts

Events that break the causal chain, such as Acts of God, independent $3rd$ parties, or acts/omissions of the victim.

MENS REA

The state of mental culpability required for a crime.

SPECIFIC INTENT

Occurs when the offender actively desires the prescribed criminal consequences to follow his act or failure to act.

GENERAL INTENT

Occurs when circumstances indicate the offender must have adverted to the criminal consequences as reasonably certain to result.

STRICT LIABILITY

Crimes that do not require general or specific intent; commission of the act is sufficient (e.g., public welfare offenses).

CRIMINAL NEGLIGENCE

A gross deviation below the standard of care expected of a reasonably careful person under like circumstances; no specific or general intent required.

KNOWLEDGE

Occurs when the offender is aware that relevant circumstances exist or the result is practically certain to follow.

INFANCY

Exempts those who have not reached the age of $10\,years$ from criminal responsibility.

INSANITY

Exempts an offender if mental disease/defect makes them incapable of distinguishing right from wrong regarding the conduct.

INTOXICATION (INVOLUNTARY)

A defense if the drugged condition was involuntary and is the direct cause of the crime.

INTOXICATION (SPECIFIC INTENT)

A defense only when the drugged condition precluded the presence of a specific criminal intent or special knowledge.

MISTAKE OF FACT

Reasonable ignorance or mistake which precludes the presence of any mental element required in a crime.

MISTAKE OF LAW

Generally not a defense except for reasonable reliance on a legislative act or a final judgment of a competent court.

COERCION/DURESS

Committing a crime (except murder) under an immediate threat of death or Great Bodily Harm.

JUSTIFICATION: Public Office Duties

Conduct that is a reasonable fulfillment of official duties, such as a building inspector entering property.

JUSTIFICATION: Lawful Arrest

Reasonable force used by an officer or citizen to effect a legal arrest.

JUSTIFICATION: Authorized by Law

Any conduct specifically permitted by other statutes or legal doctrines.

JUSTIFICATION: Discipline of Minors

Reasonable physical discipline administered by parents, tutors, or teachers.

JUSTIFICATION: Physical Impossibility

Failing to perform a legal duty because it was physically impossible to do so.

NON-HOMICIDE USE OF FORCE

Force used to prevent a forcible offense toward a person or trespass against property; must be reasonable and apparently necessary.

CASTLE DOCTRINE (A)(1)(b)

Allows the use of force against an intruder if you are lawfully inside a dwelling, business, or vehicle.

Drug Exclusion Rule (Self-Defense)

Defense of dwelling cannot be claimed if the person is currently selling or possessing drugs with intent to distribute.

Presumption of Reasonableness

The law automatically presumes force was necessary if an intruder was forcibly and unlawfully entering a dwelling.

STAND YOUR GROUND

If in a place you have a right to be and not breaking the law, you have no duty to retreat, and the jury cannot consider if you could have run away.

JUSTIFIABLE HOMICIDE: A(1) Self-Defense

The reasonable belief that you are in imminent danger of death or GBH and killing is the ONLY way to save yourself.

JUSTIFIABLE HOMICIDE: A(2) Preventing Violent Felony

Homicide to prevent a forcible felony where there is danger to life or Great Bodily Harm.

JUSTIFIABLE HOMICIDE: A(3) Property Protection

Homicide against someone using unlawful force while committing burglary or robbery of a home, store, or car.

JUSTIFIABLE HOMICIDE: A(4) Castle Doctrine Entry

Deadly force believed necessary to stop an unlawful entry into a home, business, or car.

AGGRESSOR RULE

A person who brings on a difficulty cannot claim self-defense unless they withdraw in good faith and notify their adversary.

DEFENSE OF OTHERS

Justifiable force or killing when it is reasonably apparent the person attacked could have used it and intervention is necessary.

PRINCIPALS (14:24)

All persons concerned in a crime (absent or present) who commit, aid, abet, counsel, or procure the act.

C.A.P. Mnemonic

C-Concerned, A-Absent or Present, P-Procure/Counsel; used to identify principals under Article 24.

ACCESSORY AFTER THE FACT (14:25)

One who harbors, conceals, or aids an offender after a FELONY with intent to help them avoid arrest or punishment.

K.I.C.H. Mnemonic

K-Knowledge, I-Intent, C-Commission of a Felony, H-Harbor/Conceal; defines Accessory after the fact.

CRIMINAL CONSPIRACY (14:26)

An agreement of two or more persons to commit a crime followed by an overt act in furtherance of that goal.

ATTEMPT (14:27)

Specific intent to commit a crime plus an act tending directly toward its accomplishment; mere preparation is not enough.

Attempt Exception: Lying in Wait

Lying in wait with a dangerous weapon with intent to commit a crime is considered an attempt rather than mere preparation.

INCITING A FELONY (14:28)

The endeavor to incite or procure another person to commit an actual felony.

SOLICITATION FOR MURDER (14:28.1)

The intentional solicitation of another to commit or cause a FIRST OR SECOND DEGREE MURDER.

HOMICIDE

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

FIRST DEGREE MURDER (La. R.S. 14:30) Mens Rea

Specific intent to kill or to inflict Great Bodily Harm.

AGG. K.R.E.A.M. B.R.A.T.S. C.

Acronym for enumerated felonies in 1st/2nd degree murder: Agg Kidnapping, Agg Rape, Agg Escape, Arson, Motor Vehicles, Agg Burglary, Robbery, Assault (Drive-by), Terrorism, Cruelty (Juveniles).

14:30 Trigger (2)

Killing a Peace Officer, Firefighter, or Forensic Lab employee while in lawful duties or related to their status.

14:30 Trigger (3)

Specific intent to kill or inflict GBH upon MORE THAN ONE person.

14:30 Trigger (4): Murder-for-Hire

When the homicide involves offering, giving, or receiving anything of value for the killing.

14:30 Trigger (5): Vulnerable Victim

When the victim is UNDER THE AGE OF $12$ or $65+\,years$ old.

14:30 Trigger (6): Drug Distribution

When the murder occurs while engaged in the distribution, exchange, or sale of a Schedule I–V CDS.

14:30 Trigger (8): Protective Order

Homicide while a protective order issued by a judge prohibiting contact was in effect and served on the offender.

14:30 Trigger (9): Witness/Family

Victim was a witness or family of a witness; killing was to prevent/influence testimony or exact retribution.

14:30 Trigger (12)

Killing a Correctional Employee in the course and scope of employment.

SECOND DEGREE MURDER (La. R.S. 14:30.1) Mens Rea

Specific intent to kill or inflict GBH; or transferred intent from an enumerated felony or drug distribution.

AGG. K.R.E.A.M. B.R.A.T.S. C.R.

Enumerated felonies for 2nd Degree Murder (Agg. K.R.E.A.M. B.R.A.T.S. C.) plus RESISTING a police officer with force or violence.

SECOND DEGREE MURDER: Direct Drug Distribution

Unlawfully distributing Schedule I–V CDS which is the DIRECT CAUSE of death of the recipient who ingested it.

MANSLAUGHTER: VOLUNTARY (Heat of Blood)

Homicide committed in SUDDEN PASSION or HEAT OF BLOOD caused by provocation sufficient to deprive an average person of self-control.

MANSLAUGHTER: Cooling Rule

Manslaughter fails if the offender's blood had actually cooled or an average person's blood would have cooled at the time of the offense.

MANSLAUGHTER: Resisting Lawful Arrest

Committed without intent to kill while resisting lawful arrest in a manner not inherently dangerous.

INVOLUNTARY MANSLAUGHTER (Constructive Intent)

A homicide committed WITHOUT intent while the offender is engaged in a misdemeanor or un-enumerated felony.

MANSLAUGHTER: Crime of Violence

Committing any crime of violence where it was foreseeable that conduct during the continuous sequence could result in death or GBH.

MANSLAUGHTER: Drug Distribution Contribution

Unlawfully distributing a Schedule I–V CDS which SIGNIFICANTLY CONTRIBUTES to the death of the recipient.

NEGLIGENT HOMICIDE (14:32)

The killing of a human being by criminal negligence (gross deviation from standard of care) or by an unrestrained animal.

VEHICULAR HOMICIDE (14:32.1)

Killing caused proximately by an offender operating a movable while impaired by alcohol/drugs; strict liability for intoxication level.

Vehicular Homicide BAC Threshold

Operator's blood alcohol concentration is $0.08\%$ or more.

SIMPLE BATTERY

The intentional use of force or violence upon the person of another without consent, resulting in physical pain or injury.

DOMESTIC ABUSE BATTERY

Force or violence used against a household or family member without consent.

AGGRAVATED BATTERY

Battery committed with a dangerous weapon used in a way that could reasonably lead to great bodily harm.

2nd DEGREE BATTERY

Battery committed with the SPECIFIC INTENT to inflict serious bodily injury.

SERIOUS BODILY INJURY

Extreme physical pain, or injury which involves unconsciousness, extreme physical pain, or protracted disfigurement.

AGG. 2nd DEGREE BATTERY

Battery committed with a dangerous weapon where the offender intentionally inflicts serious bodily harm/GBH.

SIMPLE ASSAULT

An attempt to use force or violence upon another or intentionally placing another in imminent apprehension of a battery.

AGGRAVATED ASSAULT

An attempt to commit a battery using a dangerous weapon.

ASSAULT BY DRIVE-BY SHOOTING

An assault committed with a firearm where the offender uses a motor vehicle to facilitate the assault.

AGG. ASSAULT UPON A PEACE OFFICER

An assault committed upon a peace officer who is acting in the scope of his duties.

AGG. ASSAULT W/ A FIREARM

An assault committed specifically with a firearm; does not require discharge of the weapon.

NEGLIGENT INJURING

Inflicting injury upon another by criminal negligence or by an animal the offender failed to restrain.

STALKING

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

CYBERSTALKING (Definition 1)

Using electronic communication language to threaten bodily harm or property injury for the purpose of EXTORTING money or things of value.

CYBERSTALKING (Definition 2)

Repeatedly using electronic mail or communication for the purpose of threatening, terrifying, or harassing any person.

CYBERSTALKING (Definition 3)

Knowingly making any FALSE STATEMENT electronically concerning death, injury, or criminal conduct to threaten, terrify, or harass.

CYBERSTALKING (Definition 4)

Knowingly permitting an electronic communication device under one's control to be used for stalking.

SIMPLE KIDNAPPING

The intentional and forcible seizing and carrying of any person from one place to another without consent.

SIMPLE KIDNAPPING (Child)

The intentional taking/enticing away of any child not one's own, UNDER $14\,years$ old, for an unlawful purpose without consent.

AGGRAVATED KIDNAPPING

Forcible seizing or secreting intended to force someone to give up anything of value to secure a RELEASE.

AGGRAVATED KIDNAPPING OF A CHILD

Unauthorized taking of a child UNDER $13\,years$ old with intent to secret them from parents for an unlawful purpose.

2nd DEGREE KIDNAPPING (Factor)

A kidnapping where the victim is used as a SHIELD OR HOSTAGE, or is physically injured or sexually abused.

2nd DEGREE KIDNAPPING (Time)

A kidnapping where the victim is imprisoned or kidnapped for SEVENTY-TWO ($72$) OR MORE HOURS.

FALSE IMPRISONMENT

The intentional confinement or detention of another WITHOUT consent and without proper legal authority.