Criminal Law Outline

Criminal Conduct

For the State to hold NAME OF DEFENDANT criminally responsible for the death of the passengers in his car, the State must show that NAME OF DEFENDANT act that caused the death of the passengers was voluntary. An act is involuntary if it occurs independently of free will. Bodily movements that occur during sleep or unconsciousness are involuntary acts.
The facts of this case show. Criminal Conduct by Omission

For the State to hold the parties criminally responsible for the death of .., the State must show each had a duty to act and failure to do so. One can be held criminally responsible for omitting to act, where there is a duty imposed by: a. b. c. d.
Causation

Law Relationship Contract Voluntary Assumption of care

For the State to hold NAME OF DEFENDANT criminally responsible for Delicious death, the State must show Delicious death was caused by the actions of NAME OF DEFENDANT. Causation is but for the defendants act the result would not have occurred. If death results from an event unrelated to the conduct of the defendant the defendant will still be responsible if that event was reasonably foreseeable. An event is foreseeable and considered intervening when the defendants conduct makes it fair to hold the defendant responsible for the result. On the other hand, an event is unforeseeable and considered supervening when it breaks the chain of causation and is not sufficiently related to the defendants conduct.
* Eggshell-skull rule take your victim as you find them*

Defenses
Mistake of Fact For a successful defense of mistake of fact, the defendant must prove that the mistake was reasonable. The reasonable mistake must preclude the intent to commit the crime. Mistake of Law Mistake of the law is never a defense. Defense of Others Force may be used to protect a third party if the defendant believes that the other person would be entitled to use force in self-defense. Defense of Property Force may be used when the defendant reasonably believes that his life is in danger while in possession of the property. Intoxication In order for the defendant to prevail with the defense of intoxication, the defendant must show that: 1. The intoxication was involuntary; or 2. The intoxication precluded the formation of specific criminal intent Only involuntary intoxication can negate criminal responsibility. Voluntary intoxication can negate specific intent only if the intoxication arose before the intent to act. Voluntary intoxication only lowers first or second degree murder to manslaughter; it does not negate criminal responsibility. ********Because so intoxicated was the direct cause of crime. ****** Show: someone intoxicated d and because of intoxicaiton the crime was performed. For voluntary Intoxication must show that intoxication precluded d from forming the specific intent of the crime d is performing. (Usually, theft) Specific intent element of theft is to deprive someone of an item permanently.

Insanity The defendant could claim a defense of insanity. In order for the defendant to be successful, he must prove: 1. 2. The presence of mental disease or mental defect during the commission of the crime; and Due to his mental defect or disease, he is incapable to distinguish between right and wrong

Compulsion (Death didnt Occur) Final exam To succeed with a defense of compulsion, the defendant must prove that: 1. 2. 3. He was being threatened with death or great bodily harm; and The person making the threat was present to carry it out immediately; and The defendant was not able to escape without immediate harm

The defense of compulsion is not available when death results. Necessity (Death didnt Occur) In order for the defendant to prevail in the defense of necessity, the defendant must prove:

1. that there were no other reasonable alternatives and

2. an attempt to save their life. Justification It is likely that the defendant will raise the defense of justification. In order to prevail with this defense, the defendant must to show: 1) The defendants conduct is apparently authorized and reasonable fulfillment of any duties of public office; OR 2) The defendants conduct is reasonable discipline of minors by their parents

Defenses when death occurs

Provocation (Must charge with Felony Murder)

David could raise the defense of provocation, if successful the charge of murder would be reduced to manslaughter. In order to prevail David must show: 1. the offense is committed in sudden passion or heat of blood 2. immediately caused by provocation 3. sufficient to deprive an average person of his self-control and cool reflection. In evaluating provocation the courts adopt a two-part two prong test for both self-control and cooling time. Self Control 1. Subjective test focuses on the defendant to determine if they lost self control. 2. Objective test focuses on a reasonable person and seeks to ascertain if they would have lost control given like circumstances Cooling Time 1. Subjective test focuses on the defendant to determine if their blood could have cooled. 2. Objective test focuses on a reasonable person and seeks to ascertain if their blood would have cooled under like circumstances.

(If leaves the scene of crime to retrieve a weapon not provocation) *** Self Defense ***
A)
For defendant to successfully raise a defense of self defense, she must show:

a. She reasonably believed that she was in imminent danger of losing her life and of receiving great bodily harm. b. That the deadly force used was necessary to save her from the harm. In evaluating the reasonableness of the claims for self defense, Louisiana courts adopt a two prong test: a. The Subjective test focuses on the defendant to ascertain whether the defendant honestly believed that the force used was necessary to preserve his or her life. b. The Objective test focuses on the belief of a reasonable person and seeks to determine if a reasonable person in the defendants position would have 4

behaved the way that the defendant did. In doing so the courts take into account the totality of the circumstances. Factors to be considered include: a. b. c. d. e. Disparity in size Weapons, Sex, Location, and The victims violent disposition if known to the defendant.

*The aggressor is not entitled to self defense unless he withdrew from the conflict in good faith in such a manner that his adversary knows that he desires to discontinue* The facts in this case show, Based on the facts of this case, I suggest that a reasonable women would have feared for her life. Therefore, Even though she was mistaken, she will be entitled to self defense because she believed that that

Parties
Principles As a conspirator, Alex is a principal to the crimes and will likely be held criminally liable for all planned crimes and unplanned crimes that foreseeable result from the planned crime. A principal is anyone who is involved in the commission of a conspired crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, directly or indirectly counsel, or procure another to commit the crime. Accessory after the Fact The State could charge defendant with accessory after the fact. For the state to convict the state must prove:

1.any person after the commission 2. shall harbor, conceal, or aid the offender, 3. knowing or having reason to know that the offender has committed a felony 4. with the intent that the offender may avoid or escape from arrest.
The facts of this case show

CRIMES
Conspiracy (If more than one person is involved this is first charge) The State could charge the parties with conspiracy. In order to convict the State must prove:

1. An agreement between two or more people to commit a criminal offense. 2. An overt act in furtherance of the crime.
The facts of this case show. Defense for Conspiracy Withdrawal In order for the defendant to prevail on the defense of withdrawal, the defendant needs to show that:

1. 2. 3.

The withdrawal was voluntary and in good faith; and Defendant told the other party he was withdrawing; and Defendant made a substantial effort to stop them

The facts of this case show Attempt The defendant could be charged with attempted ____. In order to convict the state must prove:

Specific intent to commit a (specific criminal offense); An act toward accomplishing the crime

It is immaterial that for reasons unknown to the defendant he couldnt have accomplished his objective 6

CRIMES AGAINST PERSONS MURDER (3 TYPES)

First Degree Murder The State can charge Defendant with first-degree murder. In order to convict the state must prove:

Killing of a human being Defendant had specific intent to kill or inflict great bodily harm during the commission of one or more enumerated crimes (DRFTCBAKER2k) Defendant had specific intent to kill or inflict great bodily harm + ______ Police officer, More than one person Receive money Victim under 12 or over 65

Second Degree Murder/Felony Murder The State can charge Defendant with second-degree murder. In order to convi t the state must prove: Killing of a human being Defendant had specific intent to kill or inflict great bodily harm; or No specific intent but was engaged in the commission or attempt of one or more enumerated crimes (DRFTCBAKER2k) Distributing Drugs

Manslaughter The State can charge Defendant with manslaughter, In order to convict the state must prove:

1.

Killing of a human being

2. That the homicide which would be murder under either first degree murder or second degree murder, but the offense committed is caused by provocation; or

3.

Death results while def is engaged in perpetration of unenumerated felony: (e..g aggravated and second degree battery)

4.

Death results while def is engaged in perpetration of intentional misdemeanor directly affecting the person (eg. Assault, battery. False imprisonment) 5. That the homicide was committed without intent when the defendant was resisting lawful arrest by means not inherently dangerous.

ASSAULT (2 TYPES)
Simple Assault The State can charge Defendant with simple assault. In order to convict the state must prove:

1. Defendant attempted use or force or violence ; or 2. Defendant placed the victim in reasonable apprehension of
receiving a battery from the defendant 3. Without a dangerous weapon Aggravated Assault The State can charge Defendant with aggravated assault. In order to convict the state must prove:

1. The defendant attempted to commit battery; or 2. Defendant placed the victim in reasonable apprehension of
receiving a battery from the defendant 3. Use of a dangerous weapon

BATTERY (4 TYPES)
8

Simple Battery The State can charge Defendant with battery. In order to convict the state must prove:

1. Intentional use of force or violence on the person of another or

the intentional administration of a poison or other noxious liquid or substance to another. 2. Without the consent of the victim Aggravated Battery The State can charge Defendant with aggravated battery. In order to convict the state must prove: 1. Intentional use of force or violence upon the person of another 2. occurred with a dangerous weapon 3. Without the consent of the victim Second Degree Battery The State can charge Defendant with second degree battery. In order to convict the State must prove: 4. Intentional use of force or violence upon the person of another 5. Without the consent of the victim 6. Inflicts serious bodily injury Aggravated Second Degree Battery The State can charge Defendant with second degree aggravated battery. In order to convict the state must prove: 1. Intentional use of force or violence upon the person of another 2. Without the consent of the victim 3. With a dangerous weapon 4. The defendant intentionally inflicted serious bodily injury

RAPE (3 TYPES)
Simple Rape The State can charge defendant with rape. In order to convict the state must

prove: 1. Sex without consent

2. The victim was incapable of consent due to intoxication or an

unsound mind in which the defendant knew or should have know of the victims incapacity; or

3. The victim consents under false beliefs the defendant is her husband and the defendant intentionally induces this belief Aggravated Rape exam question The State can charge defendant with aggravated rape. In order to convict the state must prove:

1. Sex without consent and 2. Resisted to the upmost but overcome by force or 3. Vitim is prevented from resisting the act by threats of great
and immediate bodily harm, accompanied by apparent power of execution. Or

4. Victim is prevented from resisting the act because the offender is armed with a dangerous weapon. 5. Two or more offenders participated in the act. Parties will likely be held criminally liable because they physically assisted in the commission of the act. Forcible Rape The State can charge defendant with forcible rape. In order to convict the state must prove:

1. Sex without consent and 2. Victims resistance is prevented by force or threats that are
reasonably believed by victim; or

3. Victim is incapable of resisting or of understanding the nature

of the act by reason of stupor or abnormal condition by a substance administered by the offender and without the knowledge of the victim.

10

KIDNAPPING (3 TYPES)
Simple Kidnapping

(1) (2) (3) (4) (5) (6) (7)

intentional and forcible seizing & carrying of a person from 1 place to another w/out consent (or) intentional taking, enticing or decoying away for unlawful purpose child not his own & under age 14 w/out consent of parent

Aggravated Kidnapping The State can charge defendant with aggravated kidnapping. In order to convict the state must prove:

1. The forcible seizing and carrying of any person from one place
to another; OR

2. The enticing or persuading of any person to go from one place

to another; OR 3. The imprisoning or forcible secreting of any person give up anything of apparent value; OR

4. With the intent to force the victim or some other person to 5. Grant any advantage OR
6. Immunity, in order to secure a release of the person under the offenders actual control Second Degree Kidnapping The State can charge defendant with second degree kidnapping. In order to convict the state must prove:

1) Forcible seizing and carrying of any person from one place to another;
OR OR

2) Enticing or persuading of any person to go from one place to another; 3) Imprisoning or forcible secreting of any person 11

4) Wherein the victim is a) used as a shield or hostage b) used to facilitate the commission of a felony c) used to facilitate the flight after an attempt to commit a felony or the commission of a felony d) Physically injured e) Sexually abused f) When the offender is armed with a dangerous weapon g) The offender leads the victim to believe he is armed False Imprisonment The State can charge defendant with False Imprisonment. In order to convict the state must prove: 1. intentional confinement or detention of another 2. without his consent 3. without proper legal authority

CRIMES AGAINST PROPERTY

Illegal Possession of Stolen Goods The State can charge Defendant with illegal possession of stolen goods. In order to convict the state must prove: 1. Possession of the item; and 2. The defendant knew or should have know that the good was stolen Theft The State can charge Defendant with theft. In order to convict the state must prove:

1. 2. 3.

Misappropriation or taking something of value that belonged to another Without the others consent or by fraud With the intent to permanently deprive

ROBBERY (4 TYPES)
12

Simple Robbery The State can charge Defendant with simple robbery. In order to convict the state must prove:

1. Taking something of value from the person of another or that

was in the immediate control of another; 2. use of force or intimidation, 3. Not armed with a dangerous weapon Armed Robbery The State can charge Defendant with armed robbery. In order to convict the state must prove:

1. Taking something of value from the person of another or that was in the
immediate control of another;

2. with use of force or intimidation 3. with a dangerous weapon

First Degree Robbery The State ca n charge Defendant with 1st degree robbery. In order to convict the state must prove:

1. Taking something of value from the person of another or that

was in the immediate control of another; 1. By use of force or intimidation

2. The offender leads the victim to reasonably believed that he

was armed with a dangerous weapon; Second Degree Robbery The State can charge Defendant with 2nd degree robbery. In order to convict the state must prove: 1. Taking something of value from another or in immediate control of another; and 2. The intentional infliction of serious bodily injury

BURGLARY (2 TYPES)
13

Simple Burglary The State can charge Defendant with Simple Burglary. In order to convict the state must prove:

1. unauthorized entry of any dwelling; and

2. Specific intent to commit a felony Aggravated Burglary The State can charge Defendant with Aggravated Burglary. In order to convict the state must prove:

1. Unauthorized entry of any inhabited dwelling where a person

is present

2. With a feloness intent; and

i. Was armed or arms himself with a dangerous weapon ii. Commits a battery upon entering or leaving such a place *The defendant must have feloniness intent at the moment of entry* *If there was no intent, then charge with unauthorized entry.* Unauthorized Entry Into an Inhabited Dwelling The State can charge defendat with unauthorized entry into an inhabited dwelling. In order to convict the state must prove: Intentional entry without authorization into any inhabited dwelling Used in whole or in part as a home or Place of abode by a person

ARSON (3 TYPES)
Simple Arson The State can charge defendant with simple arson. In order to convict the state must prove: 1. Specific intent to damage, by explosives or fire, the property

14

of another

2. Without consent of the owner or

3. Starting of a fire or causing an explosion while the offender is engaged in the perpetration or attempted perpetration of another felony offense even though the offender does not have the intent to start a fire or cause an explion Aggravated Arson The State can charge defendant with aggravated rape. In order to convict the state must prove 1. Specific intent to damage

2. by explosives or fire any structure 3. Where it is foreseeable human life might be endangered
Arson with Intent to Defraud The State can charge defendant with simple arson. In order to convict the state must prove: 1. Setting fire to or damaging by any explosive substance, any property 2. with intent to defraud Other Notes D - Drive by shooting R - Robbery-all F - Forcible rape C - Cruelty to juveniles or 2nddegree Cj T - Terrorism B - Burglary A - Arson K - Kidnapping E - Escape R - Rape 2k - second degree kidnapping

15