LA Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: Under Louisiana law, which standard governs the insanity defense?
- M'Naghten test only
- Irresistible impulse test only
- Either M'Naghten or irresistible impulse (Correct answer)
- Model Penal Code substantial capacity test
Correct answer: Either M'Naghten or irresistible impulse
Louisiana uses both the M'Naghten test and the irresistible impulse test, either of which can establish legal insanity.
Question 2: A defendant charged with battery claims he acted in self-defense. Under Louisiana law, for the defense to succeed, the defendant's belief that force was necessary must be:
- Objectively reasonable (Correct answer)
- Honest and subjectively held, even if unreasonable
- Proven beyond a reasonable doubt by the defendant
- Corroborated by an independent witness
Correct answer: Objectively reasonable
Louisiana's self-defense statute requires that the defendant reasonably believe force was necessary to prevent unlawful harm.
Question 3: Under Louisiana law, the defense of entrapment is available when:
- Police merely provided an opportunity to commit a crime to a predisposed defendant
- Government agents induced a non-predisposed person to commit a crime (Correct answer)
- An undercover officer posed as a buyer in a drug transaction
- Police used deception during an interrogation
Correct answer: Government agents induced a non-predisposed person to commit a crime
Entrapment requires that government agents induced the crime and the defendant was not predisposed to commit it.
Question 4: Which of the following best describes the 'castle doctrine' as applied in Louisiana?
- A person may use deadly force against any intruder in their home without a duty to retreat (Correct answer)
- A person must retreat before using deadly force even inside their home
- Deadly force is only permitted if the intruder is armed
- The castle doctrine applies only to commercial property
Correct answer: A person may use deadly force against any intruder in their home without a duty to retreat
Louisiana's 'castle doctrine' allows a person to use deadly force against an unlawful intruder inside their home without a duty to retreat.
Question 5: Under the duress defense in Louisiana, which element is required?
- The threat must be of future harm only
- The defendant must have been unable to escape from the threatening situation
- The threat must be imminent death or great bodily harm (Correct answer)
- Duress is a complete defense to all crimes including homicide
Correct answer: The threat must be imminent death or great bodily harm
Louisiana requires an imminent threat of death or great bodily harm to establish the defense of duress.
Question 6: Defendant is charged with felony murder after his accomplice killed a store clerk during a robbery. Defendant was waiting outside as the getaway driver. Under Louisiana law, the defendant is:
- Not guilty because he did not personally kill anyone
- Guilty only of robbery, not murder
- Guilty of felony murder as a principal to the underlying felony (Correct answer)
- Guilty only if he knew in advance that a killing might occur
Correct answer: Guilty of felony murder as a principal to the underlying felony
Under Louisiana's felony murder rule, all principals to the underlying felony are liable for deaths that result, even if they did not personally commit the killing.
Question 7: Under Louisiana law, which of the following is NOT a recognized justification defense?
- Defense of others
- Defense of property with deadly force to prevent a misdemeanor theft (Correct answer)
- Defense of self against imminent unlawful force
- Law enforcement officer using reasonable force to effect a lawful arrest
Correct answer: Defense of property with deadly force to prevent a misdemeanor theft
Louisiana does not permit the use of deadly force solely to protect property from a misdemeanor theft; deadly force requires a threat to persons.
LA Bar Criminal Law and Procedure 2
Under Louisiana law, which standard governs the insanity defense?