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Louisiana Bar > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Second-degree murder

A

Killing of a human being when
1. offender has specific intent to kill or inflict GBH OR
2. offender is engaged in perpetration or attempted perpetration of various enumerated felonies
or
other aggravating circumstances exist

no specific intent to harm required when the offender is engaged in the perpetration or attempted perpetration of listed crimes.

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2
Q

Aggravated Criminal Damage to Property

A

Intentional damaging of structure or movable
other than by fore or explosion
foreseeable that human life may be endangered
(Without consent)

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3
Q

Aggravated Burglary

A

-Unauthorized entering
-of inhabited dwelling or structure/movable where someone is present
-with intent to commit felony or theft and
-offender is armed or becomes armed with dangerous weapon or commits a battery on another during burglary

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4
Q

When will a simple burglary of a religious building not be applicable?

A

If the elements of aggravated burglary are satisfied

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5
Q

Criminal trespass

A

-entering or remaining
-movable or immovable
-owned by another
-without express, legal, or implied authorization

Not police, fire, EMT, or government agent

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6
Q

Theft

A

-misappropriation or taking without consent or by means of fraud
-of anything of value belonging to another
-with specific intent to permanently deprive

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7
Q

Illegal Possession of Stolen Things

A

-intentional possessing, procuring, receiving, or concealing
-anything of value
-which has been subject of robbery or theft
-when perp knew or had good reason to know the thing was stolen

and did not write tot the DA w/in 72 hours of acquisition

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8
Q

Illegal Carrying of Weapons

A

intentional concealment of any firearm on one’s person

ex. carrying a handgun in waistband, lifting shirt to show gun

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9
Q

Felon with a firearm

A

It is unlawful for a person who has been convicted of a felony crime of violence or a felony drug possession crime to possess a firearm

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10
Q

Stalking

A

-intentional and repeated following or harassing
-that would cause a reasonable person to feel alarmed or suffer emotional distress

not a private investigator

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11
Q

Criminal Conspiracy

A

-agreement or combination
-of 2 or more persons for the specific purpose of committing any crime and
-one or more of the parties does an overt act in furtherance. of the agreement of crime

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12
Q

Flight from an officer

A

-failure to bring vehicle or boat to stop
-after visual and audible signal
-when officer has probable cause

becomes aggravated when human life endangered

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13
Q

Resisting an officer

A

-intentional interference with, opposition or or resistance to
-an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful process or court order when
-the offender knows or has reason to know the person is arresting, detaining, seizing property, or serving process is acting in his official capacity

“resisting an officer w/ force or violence” more serious crime

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14
Q

Aggravated Assault

A

-an attempt to commit a battery or
-the intentional placing of another in reasonable apprehension of a battery
-with a dangerous weapon

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15
Q

What is a dangerous weapon?

A

any instrumentality which in the manner used is “calculated or likely” to produce death or great bodily harm

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16
Q

Aggravated assault with a firearm

A

assault committed with a dangerous weapon

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17
Q

Aggravated assault on Peace Officer?

A

If the peace officer is acting within the course and scope of his employment

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18
Q

What are some other kinds of assaults?

A

Assault by drive-by shooting
Aggravated assault on peace officer without a firearm
Aggravated assault with motor vehicle on peace officer
Use of laser on police officer
Assault on a school teacher
Mingling harmful substances
Assault on childcare worker
Aggravated assault on utility worker with a gun

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19
Q

Reckless Operation of a Vehicle

A

-operation of any motor vehicle aircraft, vessel or other means of conveyance
-in a criminally negligent or reckless manner

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20
Q

Possession of Controlled Dangerous Substance

A

It is unlawful for any person to knowingly or intentionally possess a controlled dangerous substance classified in any schedule of unlawful drugs.

ex. possession of marijuana

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21
Q

Driving while intoxicated

A

-operating any vehicle, aircraft, watercraft, vessel, or other means of conveyance
-when under influence of alcoholic beverages or a controlled and dangerous substance

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22
Q

4th Amendment Search and Seizure of Evidence

A

a. Does the D have a 4th Amendment right?
-was there government conduct?
-D the D have a reasonable expectation privacy

b. If so, did the police have a valid warrant?

c. If the police did not have a valid warrant, was the search within one of the 6 exceptions of the warrant requirement?

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23
Q

What are the requirements of a warrant?

A

It must be
- issued by a neutral and detached magistrate
-based on probable cause established from the facts submitted to the magistrate by a government agent upon oath or affirmation and
-particularly describe the place to be searched and items to be seized

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24
Q

What is the effect of an unlawful arrest?

A

Evidence that is a fruit of the unlawful arrest may not be used against the defendant at trial because of the exclusionary rule

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25
Q

What is probable cause?

A

At the time of arrest
The officer has within her knowledge reasonable trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law
Based on the totality of the circumstances

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26
Q

What constitutes a seizure?

A

When under the totality of the circumstances, a reasonable person would feel that he was not free to decline the officer’s requires or otherwise terminate the encounter

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27
Q

When can a police officer make a warrantless seizure under the plain view doctrine?

A

If they are legitimately on the premises
Discovery evidence, fruits, or instrumentalities of a crime or contraband
See such evidence in plain view and
have probable cause to belle that the item is evidence, contraband, or a fruit or instrumentality of crime

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28
Q

First Degree Murder

A

Killing of a human being when:
-offender had specific intent to kill or inflict GBH
-offender is engaged in perpetration enumerated felonies
-other aggravating circumstances exist (ex. specific intent to kill or GBH on a peach officer)

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29
Q

Aggravated Escape

A

-Intentional departure of a person from any place where
-such person is legally confined
-when his departure is under circumstances wherein human life is endangered

30
Q

Aggravated assault upon a peace officer with a firearm

A

Aggravated Assault:
-attempt to commit batter or the intentional placing of another in reasonable apprehension of receiving battery
-with a dangerous weapon

31
Q

Simple Criminal Damage to Property

A

-Intentional damaging of property of another
-without consent
-by means other than fire or explosion

32
Q

Second degree battery

A

Battery committed when the offender intentionally inflicts serious bodily injury, including unconsciousness

33
Q

Battery

A

intentional use of force or violence on the person of another

34
Q

Self-defense

A

A person may use self-defense if he reasonably believes that his conduct is necessary under the circumstances.

A person who is an aggressor or who brings on a difficulty cannot claim self defense unless he
-withdraws from the conflict in good faith
-adversary knows or should know desire to withdraw and discontinue conflict

35
Q

False imprisonment with a dangerous weapon

A

-intentional confinement or detention of another
-without consent or legal authority
-while the offender is armed with a dangerous weapon

36
Q

Obstruction of Justice

A

Act done with knowledge that it has, may, or will affect a past, present, or future criminal proceeding.

Includes tampering with evidence with the intent that it distorts the result of a criminal investigation

37
Q

Aggravated arson

A

-Intentional damage by any explosive substance or setting fire to any structure
-where it is foreseeable that human life may be endangered

38
Q

Attempted murder

A

A criminal attempt occurs when”
-a person who has a specific intent to commit a crime
-does an act for the purpose of and tending directly toward the accomplishing of his object

D must have specifically intended to kill victtims

39
Q

Attempted _______

A

-A person has a specific intent to commit a crime
-does an act for the purpose and tending directly toward the accomplishing of his object

40
Q

Doctrine of Transferred Intent

A

A person has a specific intent towards one victim, but instead hurts another victim by mistake or inadvertence, he is responsible for the resulting death

41
Q

Carjacking

A

-Intentional taking of a motor vehicle
-belonging to another
-while in the presence of person possessing the vehicle
-by use of force or intimidation

42
Q

Armed robbery

A

-taking of anything of value belonging to another
-from that person
-by use of force or intimidation
-while armed with a dangerous weapon

43
Q

Whenever you argue carjacking, what else should you assert?

A

Armed robbery

44
Q

If you argue burglary and it was successful, what else should you argue?

A

Theft

45
Q

Aggravated second degree battery

A

Battery committed with a dangerous weapon where offender intentionally inflicts serious bodily injury

46
Q

When is use of force justifiable in defense of property?

A

The use of force is justifiable when committed for the purpose of:
-preventing a forcible offense against the person, or
-a forcible offense or trespass against property in a person’s lawful possession

Provided that the force or violence used is reasonably and apparently necessary to
-prevent unlawful entry
-compel an unlawful intruder to leave

47
Q

What is the presumption regarding a justifiable defense of property?

A

A person lawfully inside a dwelling held a reasonable belief that the use of force or violence was necessary if
-the person against whom force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered dwelling AND
-the person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred

48
Q

Simple burglary

A

Unauthorized entering of a dwelling
With the intent to commit a felony or any theft

49
Q

Possession of a controlled dangerous substance with intent to distribute

A

It is unlawful for any person to knowingly or intentionally possess with intent to distribute a controlled dangerous substance classified in any schedule of unlawful drug.

50
Q

Possession of concealed firearm

A

Illegal carrying of weapons includes the intentional concealment of a firearm on one’s person

51
Q

Aggravated battery

A

Battery with a dangerous weapon
(a night stick can be a dangerous weapon)

52
Q

Unauthorized entry of a place of business

A

Intentional entry by a person without authority into any premise belonging to another that is
-a place of business
-completely enclosed by a physical barrier that is 6 ft high

53
Q

Vehicular Homicide

A

Killing of a human being
-caused or proximately caused by
-offender engaged in operation of a vehicle
-when under the influence of alcohol or drugs

54
Q

Hit and Run

A

Intentional failure of the diver of a vehicle involved in an accident to stop at the scene of an accident, to give their identity, and to render reasonable aid.

55
Q

Second degree kidnapping

A

forcible seizing and carrying of a person from one place to another when the offender is armed with a dangerous weapon

56
Q

Home Invasion

A

Unauthorized entering of any
Inhabited dwelling when
A person is present with the
intent to use force or violence upon the person

57
Q

Unauthorized use of a movable

A

-intentional taking or use of a movable
-which belongs to another
-without their consent or by fraud
-WITHOUT the intention to deprive the other permanently

ex. taking a key to an office

58
Q

Battery of a police officer

A

Battery committed without consent of victim
where the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty

59
Q

Nonconsentual Disclosure of Private Image

A
  1. Person intentionally discloses an image of another who is 17 or older who is identifiable, whose intimate parts are exposed
  2. Person who discloses the image obtained it under circumstances which led a reasonable person to know or understand it was to remain private
  3. Disclosing party knew or should have known they did not have consent
  4. The person has the intent to harass or cause emotional distress to the person in the image and knew or should have known would have caused emotional distress.
60
Q

First Degree Vehicular Negligent Injuring

A

Inflicting of serious bodily injury upon another
Proximately or directly caused by operation of motor vehicle while under the influence

61
Q

Disturbing peace

A

Doing any of the following in such a manner it was disturb or alarm public:
1. engaging in fistic encounter
2. appearing in intoxicated condition

62
Q

Supplying Firearm to a Convicted Felon

A

Intentionally giving, selling, donating, providing, lending, delivering or otherwise transferring a firearm
to
any person known by the offender to be convicted of a felony

63
Q

What is the difference between first-degree murder and second degree murder?

A

Intent. With second degree murder, there is no intent to kill or harm whereas with first degree murder there is intent to kill or inflict GBH.

Both require:
-a killing of a human being
-offender engaged in perpetration or attempted perpetration enumerated crime

64
Q

Negligent Injuring

A

Inflicting injury on a person by criminal negligence

65
Q

Theft of Assets of Aged Person or disabled person

A

Misappropriating property of a person over the age of 60 years

66
Q

Identity Theft

A

-Intentional use or possession or transfer or attempted use
-With fraudulent intent
-of any personal identifying information of another
-to obtain, possess, or transfer credit, money, goods or services or anything else of value
-without the authorization or consent of the other person

67
Q

Access device fruad

A

Transfer or possess an access device with the intent to defraud

An access device includes credit cards, ATM cards, social security numbers, o other ID numbers

68
Q

Offenses against computer equipment

A

-intentional modification or destruction
-without consent
-of commuter equipment or supplies used or intended to be used in a computer system, computer, or computer network

69
Q

Illegally Supplying a Felon with a Firearm

A

Intentional giving, selling, donating, providing, lending, delivering, or otherwise transferring a firearm

To any person known by the offender

To be convicted of a felony and thus prohibited from possessing a firearm

70
Q

Computer tampering

A

Intentional commission of:
Accessing or causing to be accessed a computer or any part of a computer or any program or data contained within a computer
without authorization

ex. hacking into email

Louisiana Bar (9 decks)

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