CRIMINAL LAW DEFINITIONS
Prima facie evidence: Evidence that will support a fact or sustain a judgement unless contradictory evidence is produced.
Culpability: guilty, blameworthy
Inter alia: among other things
Exculpate: free from blame
Ab initio: from the beginning
De bonis asportatis:in common law, an action to recover damages for the wrongful taking of chattel
Ratio decidendi: the principle or rule of law on which the court’s decision is founded.
Res Gestae: surrounding circumstances; events at issue
Malum in se: a crime or act that is inherently immoral
Corpus delecti: body of the crime; 1) that the person is dead 2) Not by natural causes or suicide 3) was killed by another criminal agent 4) defendant is usually the criminal agent. Civil law (La.)– must have body or body part
Within the curtilage: Under the fourth amendment, protected from warrantless searches.
American Rule- one is not required to retreat, whether in his home or elsewhere, but may stand his ground & defend himself.
Castle Doctrine- a person has no duty whatsoever to retreat when attacked in his own home.
Middle Ground Doctrine- (followed in Louisiana) no duty to retreat, permits the jury to determine if df acted to hastily
Relative Value- face value ( what the item is believed to be worth)
Intrinsic Value- actual value ( the worth of the paper printed on)
Constructive Possession- not actual possession, but shows dominion over the item
Geriatric- old, mentally handicapped person
Automatism- the state of a person who, though capable of action, is not conscious of what he is doing
Somnambulism- sleepwalking
Criminalization- legislature declares an act illegal or to be a crime
Mens Rea- criminal mind; intent
Actus Reus- the act itself; criminal act
Criminal Intent- circumstances indicate that the offender desired criminal consequences
De Novo- new trial, case remanded to be tried again
Res Novo- 1st time issue has become before the court
Scienter- knowledge
Willfullness- not accidental; state of mind in addition t
y
Malicious Mischief- crime against property
Extortion- Blackmail; communication of threats to another with the intent 4to obtain anything of value or acquittance. Advantage or immunity
Entrapment- crime induced by government persuasion or trickery; does not exist in Louisiana.
a. Subjective test- knowledge of df; predisposed to crime (Louisiana)
b. Objective Test- look to the actions of the law enforcement oifficials
Criminal Mischief- intentional performance of the following:
a. tampering with property of another
b. giving false fire alarms
c. false reports to sheriff
d. throwing foreign objects on highway
e. discharging firearm at train
Bigamy- marriage of one person while still married to another. Bigamy is a criminal offense if it is committed knowingly.
Attempt-
