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118 Cards in this Set
- Front
- Back
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Lesser crimes of armed robbery
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Lesser crimes related to armed robbery are simply robbery, first degree robbery, second degree robbery, theft & unauthorized use of a movable
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Second Degree Robbery
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Taking
of anything of value belonging to another from -the person of another or -the immediate control of another when the offender intentionally inflicts serious bodily injury |
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First Degree Robbery
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Taking
of anything of value belonging to another from -the person of another or -the immediate control of another By use of -force or -intimidation When the offender leads the victim to reasonably believe he is armed with a dangerous weapon |
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Simple Robbery
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Taking
of anything of value belonging to another from -the person of another or -the immediate control of another By use of -force or -intimidation |
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Theft
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The misappropriation or taking
Of anything of value Which belongs to another Either -without consent of the other to the misappropriation or taking or -by means of fraudulent conduct, practices or representations |
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Unauthorized use of movables
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The intentional taking or use
Of any movable Which belongs to another Either -Without the other's consent or -By means of fraudulent conduct, practices or representations But without any intention to deprive the other of the movable permanently |
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Aggravated Burglary
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Unauthorized entering
-Of any -inhabited dwelling, structure, watercraft or movable -With the intent to commit a felony or theft therin -If the offender, -Is armed with a dangerous weapon; or -After enter, arms himself with a dangerous weapon -Commits a battery upon any person while in such place, or in entering or leaving such place |
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Was there an unauthorized entering?
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An entry with the consent of the owner, express or implied is not authorized; the consent to enter a building open to the public at the times it is open to the public & within the confines designated is implied consent
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Was it an inhabited dwelling?
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Needs to be a place where a person normally lives; need not have a person present
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Did D possess the specific intent to commit a theft or felony when he entered the home?
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You cannot take something that belongs to you under a "claim of right," you cannot use violence or threat of violence to take something you claim to be yours from another; can only be a peaceful taking under a good faith claim of right
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Was X armed with a dangerous weapon?
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A dangerous weapon is anything which in a manner used is calculated or likely to produce death or great bodily harm or create a life endangering situation. The victim's potential reaction can be taken into consideration.
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Was X armed with a dangerous weapon?
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"Serious bodily injury", which involves unconsciousness, extreme physical pain or protracted & obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty, or a substantial risk of death
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A battery is the
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Intentional use of force or violence upon the person of another even if brief & even if no one is injured
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Lesser crimes of aggravated burglary
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Simple burglary, simple burglary of an inhabited dwelling, unauthorized entry into an inhabited dwelling, & trespass are lesser crimes that could be charged.
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Was this a simple burglary or a simple burglary of an inhabited dwelling?
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Unauthorized entry into dwelling (simple) or uninhabited dwelling with the intent to commit a theft/felony
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-Unauthorized
-Entering -Of any -dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery (no need for a person to be present) With the intent to commit a felony or any theft therein |
Simple Burglary
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Unauthorized
Entering Of any - inhabited dwelling, house, apt or other structure used in whole or in part as a home or place of abode by a person or persons (not necessary for person present) With the intent to commit a felony or any theft therein |
Simple Burglary of an inhabited dwelling
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Intentional
Entry By a person Without authorization Into -Any inhabited dwelling or - Other structure -Belonging to another and -Used in whole or in part as a home or place of abode by a person |
Unauthorized Entry of an Inhabited dwelling
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Entry or
Remain in or upon Any structure, watercraft, movable, or immovable property Armed by another Without the express, legal or implied authorization |
Trespass
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Was this a trespass?
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It is a trespass to enter any structure owned by another without express, legal or implied authorization
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Lesser crimes of armed robbery
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Lesser crimes related to armed robbery are simply robbery, first degree robbery, second degree robbery, theft & unauthorized use of a movable
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Second Degree Robbery
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Taking
of anything of value belonging to another from -the person of another or -the immediate control of another when the offender intentionally inflicts serious bodily injury |
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First Degree Robbery
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Taking
of anything of value belonging to another from -the person of another or -the immediate control of another By use of -force or -intimidation When the offender leads the victim to reasonably believe he is armed with a dangerous weapon |
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Simple Robbery
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Taking
of anything of value belonging to another from -the person of another or -the immediate control of another By use of -force or -intimidation |
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Theft
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The misappropriation or taking
Of anything of value Which belongs to another Either -without consent of the other to the misappropriation or taking or -by means of fraudulent conduct, practices or representations |
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Unauthorized use of movables
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The intentional taking or use
Of any movable Which belongs to another Either -Without the other's consent or -By means of fraudulent conduct, practices or representations But without any intention to deprive the other of the movable permanently |
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Aggravated Burglary
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Unauthorized entering
-Of any -inhabited dwelling, structure, watercraft or movable -With the intent to commit a felony or theft therin -If the offender, -Is armed with a dangerous weapon; or -After enter, arms himself with a dangerous weapon -Commits a battery upon any person while in such place, or in entering or leaving such place |
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Was there an unauthorized entering?
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An entry with the consent of the owner, express or implied is not authorized; the consent to enter a building open to the public at the times it is open to the public & within the confines designated is implied consent
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Was it an inhabited dwelling?
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Needs to be a place where a person normally lives; need not have a person present
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Did D possess the specific intent to commit a theft or felony when he entered the home?
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You cannot take something that belongs to you under a "claim of right," you cannot use violence or threat of violence to take something you claim to be yours from another; can only be a peaceful taking under a good faith claim of right
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Was X armed with a dangerous weapon?
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A dangerous weapon is anything which in a manner used is calculated or likely to produce death or great bodily harm or create a life endangering situation. The victim's potential reaction can be taken into consideration.
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Was X armed with a dangerous weapon?
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"Serious bodily injury", which involves unconsciousness, extreme physical pain or protracted & obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty, or a substantial risk of death
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A battery is the
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Intentional use of force or violence upon the person of another even if brief & even if no one is injured
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Lesser crimes of aggravated burglary
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Simple burglary, simple burglary of an inhabited dwelling, unauthorized entry into an inhabited dwelling, & trespass are lesser crimes that could be charged.
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Was this a simple burglary or a simple burglary of an inhabited dwelling?
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Unauthorized entry into dwelling (simple) or uninhabited dwelling with the intent to commit a theft/felony
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-Unauthorized
-Entering -Of any -dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery (no need for a person to be present) With the intent to commit a felony or any theft therein |
Simple Burglary
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Unauthorized
Entering Of any - inhabited dwelling, house, apt or other structure used in whole or in part as a home or place of abode by a person or persons (not necessary for person present) With the intent to commit a felony or any theft therein |
Simple Burglary of an inhabited dwelling
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Intentional
Entry By a person Without authorization Into -Any inhabited dwelling or - Other structure -Belonging to another and -Used in whole or in part as a home or place of abode by a person |
Unauthorized Entry of an Inhabited dwelling
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Entry or
Remain in or upon Any structure, watercraft, movable, or immovable property Armed by another Without the express, legal or implied authorization |
Trespass
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Was this a trespass?
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It is a trespass to enter any structure owned by another without express, legal or implied authorization
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Criminal Conduct consists of:
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1. An act or failure to act with that produces criminal consequences & which is combined with criminal intent; or
2. A mere act or failure to act that produces criminal consequences, where there is No requirement of criminal intent (strict liability); or 3. Criminal negligence that produces criminal consequences |
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A crime is that conduct which...
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is defined as criminal in this criminal code, or in other acts of the legislature, or in the constitution of this state.
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The prosecutor must...
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Establish all of the elements of guilty beyond a reasonable doubt
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Is that state of mind that exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act
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Specific Criminal Intent
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Is present whenever there is a specific intent, and when the circumstances indicate the offender in the ordinary course of human experience, must have diverted to the prescribed criminal consequences as reasonably certain to result from his act or failure to act
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General Criminal Intent
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There is such a disregard of the interests of others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances
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Criminal Negligence
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Taking
Of anything of value Belonging to another From -the person of another or -the immediate control of another By use of force or intimidation While armed with a dangerous weapon |
Armed Robbery
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Was there a taking?
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A taking is exerting unauthorized control or dominion over an object for any brief period of time; asportation is not required; it includes the slightest deprivation for the slightest period
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Robbery does not require specific intent....
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Mistake of fact is only a defense to a specific intent crime
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Killing of a human being
When the offender has specific intent to kill or inflict great bodily harm - Is engaged in the perpetration or attempted perpetration of DRFCBAKER2K -While engaged in the distribution, exchange, sale or purchase, or any attempt thereof, of a controlled substance & upon more than one person -Upon a victim who is -Under the age of 12 or -Over the age of 65 |
First Degree Murder
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Agreement or combination
2 or more persons For the specific purpose of Committing any crime One or more of the parties must do an act in furtherance of object of the agreement/combination -proof may be through direct or indirect circumstantial evidence |
Conspiracy
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Conspiracy
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1. Is the agreement or combination of two or more persons for the specific purpose of committing any crime, commit a crime (physical - A & B agree to rob a bank)
2. The intention to go through with that crime (mental - intention of A&B to rob a bank) 3. The overt act (manifestation- casing out the bank before they rob it) Remember: One or more parties must act in furtherance of the object of the agreement or combination |
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Conspiracy is presumed to continue unless or until the defendant shows he withdrawals from or termination of the conspiracy. A conspirator can withdraw, but not after the crime has been committed, if does, he will be a principal.
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Withdrawal
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To prove withdrawal, a defendant must show
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-Cannot withdraw out of fear
-Such actions must be voluntary, in good faith -give coconspirators enough time & fair warning to withdraw - Took substantial steps to prevent the crime (reasonable time) May still be a conspirator |
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If the intended basic crime has been consummated, the conspirators may be tried...
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For either the conspiracy or the completed offense, and a conviction for one shall not bar prosecution for the other.
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Mere presence does
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Not make a person a party in conspiracy only those who knowingly take part
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If planned crime,
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charge all involved
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If unplanned crime,
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Look to see if the crime is foreseeable stemming from the planned crime. Was it foreseeable the consequence would arise because of the crime?
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If engaged in a crime of violence
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It is foreseeable that violence will be matched with violence.
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To convict the defendant of conspiracy, the state must prove:
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1. There was an agreement between 2 or more people to commit a criminal offense;
2. The defendant possessed the intent to go through with the crime; 3. An overt act was present involving the criminal offense |
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14:27:
-Any person who, -has specific intent -to commit a crime, -does or omits an act tending directly toward the accomplishing of his object is guilty of |
Attempt
-to commit the offense intended. And it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose |
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To convict the defendant of attempt, the state must prove the following:
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1. Specific intent to commit criminal offense;
2. An overt act toward the accomplishment of the criminal offense. (distinguish between preparation and attempt?) |
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Is the means and measures taken before the commission of the crime. It is not thinking about a crime.
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Preparation
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Mere preparation to commit a crime shall not be sufficient; however,
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Lying in Wait
With a dangerous weapon With the intent to commit a crime or Searching for the intended victim With a dangerous weapon With the intent to commit a crime Shall be sufficient |
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If person is already dead
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Legal impossibility
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Person's not there
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Factual impossibility
-If have an impossibility, it is still attempt once the overt act is there |
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Will not absolve someone of the crime of attempt?
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Physical impossibility will not absolve someone of the crime of attempt; however,
Legal impossibility does |
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Does not require the intent to kill and unless the state can show the intent to murder, cannot be convicted of 2d degree murder
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Felony Murder
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if can prove that there is an attempted battery, can charged attempted assault but charging with placing one in reasonable apprehension of receiving a battery..
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Cannot be charged with attempted assault
-Cannot attempt to place in apprehension. But can attempt a battery and an attempted batter is an assault |
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An attempted battery is
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An assault
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Person must actually do something in furtherance of the crime, mere preparation is not enough attempt except
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1. When searching for one with a dangerous weapon or l
2. ying in wait with a dangerous weapon. |
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What is a dangerous weapon?
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Considered dangerous when the manner of its use or intended use is calculated to product death or great bodily harm
-It creates a highly charged atmostphere |
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What can the state use to support an agreement took place?
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1. When the price was agreed upon
-The act in furtherance of the crime is the payment of the down payment. 2. Accepts items from the crime |
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Person stands as lookout, driver, takes items from crime, aids and abets
What can he be charged with? |
Principal and a conspirator
if it is a SI crime, the principal must have whatever intent is necessary for the crime to be carried. |
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Can you abandon an attempt?
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Once the attempt the attempt has begun, it cannot be abandoned.
Abandonment is not a defense. |
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Mere preparation to commit a crime
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Shall not constitute attempt
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Stolen versus theft
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Stolen - owner regains possession of their thing of value
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La. R.S. 14:29 - Homicide, human being
-Homicide is |
The killing of a human being by the act, procurement or culpable omission
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5 grads of criminal homicide;
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1. First Degree Murder
2. Second Degree Murder 3. Manslaughter 4. negligent homicide 5. Vehicular Homicide |
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The killing of a human being
When the offender has specific intent To Kill or Inflict Great bodily harm and is engaged in the perpetration of a felony |
First Degree Murder
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Killing of a human being
When the offender has specific intent to kill or inflict great bodily harm upon more than one person by the act/acts by which he committed the homicide or by an act unseperable there from Upon A fireman, police officer -or when the SI to kill or igbh is directly related to the victim's status as police officer, fireman |
First Degree Murder
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SI can be formed
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In an instant
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To establish SI of D,
State must show: |
D pulled the trigger or
D acted in concert w/ co-perpetrator or D actively acquiesced (didn't stop) in the use of deadly forcr |
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With victims status as fireman, police offer et.
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D must have actual implied knowledge of V's status
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Killing of a human being
When the offender has SI to kill or inflict great bodily harm AND.. has offered, been offered, given, or received Anything of value for the killing |
First degree Murder
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Anything of value for the killing:
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Does not include silence of the witness
Is meant to cover the familiar murder for hire Note: Statute recently amended to add killing W |
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Killing of a human being
When the offender has SI to kill or inflict gbh Is engaged in the perpetration or attempted perpetration of en.fel While engaged in the distribution, exchange, sale or purchase, or any attempt thereof, of a controlled dangerous substance & Upon more than one person Upon a victim who is Under the age of 12 or Over the age of 65 |
First Degree Murder
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Is engaged in the perpetration or attempted perpetration of
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Drive by shooting
Robbery Forcible Rape Cruelty to juvenile Burglary Armed Robbery Escape - aggravated Rape - aggravated |
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State sufficiently proves that the D is a principal and that he
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Possessed the requisite & SI,
a conviction for 1st Degree Murder will be upheld |
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A jury's finding that a D aided and abetted in the commission of the crime
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Cannot be mere speculation based upon guilt by association
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Conspirators are also responsible for the acts
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Of their co-conspirators done for the purpose of escaping detection & arrest
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Killing of a human being
1. When the offender has SI to kill or inflict GBH OR 2. When offender is engaged in the perpetration or attempted perpetration of ... 3. When the offender unlawfully distributes or disposes a controlled dangerous substance which is direct cause of the death of the recipient who ingested or consumed the CDS 4. When offender lawfully distributes or dispenses such CDS which is direct cause of the death of the person who ingested or consumed the CDS |
Second Degree Murder
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Homicide which would be murder under either 30 -1st or 30.1 - 2nd
-But the offense is committed in sudden passion or heat of blood -Immediately caused by provocation shall not reduce a homicide to manslaughter if jury finds that 1. offender's blood had actually cooled, or 2. An average person's blood would have cooled -At the time the offense was committed |
Manslaughter
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It is the defendant's burden to prove by a preponderance of the evidence that there are
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Such mitigating factors as heat of blood or sudden passion
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Heat of blood or sudden passion is defined as
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An act committed in response to such provocation sufficient to deprive an average person of his self-control and cool reflection
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There must be some act or series of acts by the victim sufficient
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To deprive a reasonable person of cool reflection
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An argument is not sufficient provocation
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in Order to reduce a murder charge to manslaughter
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Comprised verdicts are permissible, so long as
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Committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm &
That the killing is necessary to save himself from that danger |
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For non homicide, twofold inquiry:
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Is indicative of intent to kill or inflict great bodily harm
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-A Homicide committed
-Without any intent to cause death or great bodily harm -When the offender is engaged in the perpetration or attempted perpetration of any felony NOT enumerated in art 30 or 30.1 -Of any misdemeanor directly affecting the person |
Manslaughter
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-The endeavor
-By one or more person -To incite or procure -Another person -To commit a felony |
Inciting a felony
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Inciting a felony may be committed even though the person who was incited was the ougenator of the idea to commit the felony. It includes:
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Urging and encouraging the person who had ougenal idea to carry it out
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If person solicited does act in furtherance,
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It is conspiracy
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If person solicited actually commits the crime,
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The solicitor is now a principal
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-The intentional solicitation
-By one person -Of another -To commit or cause to be committed -A first degree murder |
Solicitation of murder
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Having a SI to commit a crime
Does or omits an act For the purpose of and tending directly toward The Accomplishing of his object Guilty of an attempt to commit the offense intended |
Attempt
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Lying in wait with a dangerous weapon with the intent to commit the crime,
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Shall be sufficient to constitute attempt
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Searching for the victim with a dangerous weapon with intent to commit a crime,
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Shall be sufficient to constitute an attempt
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Abandonment is never a defense if
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D goes so far as to engage in requisite acts with criminal intent
Motive doesn't matter |
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Cannot attempt to commit
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An inchoate crime (conspiracy, inciting, solicitation, assault = attempt battery)
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It's immaterial that the actual crime was completed=
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Attempt is a lesser included offense
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Attempt is a seperate but
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lesser grade of intended crime; any person may be convicted of an attempt to commit a crime, although it appears at the trial that the crime intended or attempted was actually perpetrated by such person
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All person
Concerned in the commission of the crime, Whether present or abscent & Whether they -directly commit the act constituting the offense, -aid and abet in its commission -directly counsel or procure another to commit the crime or -indirectly counsel or procure another to commit the crime -Whether they are capable of committing the crime themselves or not |
Principal
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Principals must knowingly
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Participate in the planning or execution of the crime
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A Principal can only be convicted for crime which
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He personally has the requisite mental state which may be inferred
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Aid or abet it its commission includes
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Driving to & from the scene and acting as lookout
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Principals mere presence is not enough to
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"concern" an individual in the crime
Juvenile charged with delinquency is not charged with the crime |
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Accessory after the fact
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Not a SI crime; must show D believed it was substantially certain that one of these things would occur
-may be tried, punished, notwithstanding the fact that the principal felon may not have been arrested, tried, convicted or amenable to justice. Still must prove guilt of principal beyond a reasonable doubt; cannot be convicted where principal is aquitted |
