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Criminal Defense Legal Glossary
Criminal Defense: Acts involving a lawyer specializing in criminal law and defending both individuals and companies accused of participating in criminal behavior such as theft, assault, or even violent crimes.
Grand Jury: The Louisiana State Bar Association (LSBA) defines a grand jury as a body of U.S. citizens who have a duty to determine whether probable cause exists in a crime that’s been committed and whether there should be an indictment for the person accused. Take note that a grand jury is an accusatory body and its function does not include “determination of guilt.”
Homicide: according to current Louisiana Laws Revised Statutes homicide is the act of a human killing another person; by the act, procurement, or culpable omission of another which falls under five grades:
- First Degree Murder
- Second Degree Murder
- Manslaughter
- Negligent Homicide
- Vehicular Homicide
1st Degree Murder: In Louisiana, first-degree murder is the killing of a human with intent to kill or inflict harm combined with another aggravating circumstance that made the act especially bad. For example:
- The involvement of kidnapping, rape, arson, burglary, terrorism, cruelty to juveniles, etc.
- The victim is a policeman or fireman, under the age of 12 or over 65, or the witness to a crime.
- The offender killed more than one person, received anything of value as payment for the murder, was engaged in the purchase or distribution of illegal drugs, and violated a restraining order with the victim.
Second Degree Murder: Second-degree murder is the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm.
Manslaughter: According to Louisiana Laws Revised Statutes, Manslaughter in Louisiana is second-degree murder but with the qualification that it was committed in a “sudden passion” caused by a provocation that would cause one to lose his self-control and act irrationally.
Negligent Homicide: According to Louisiana Laws Revised Statutes, negligent homicide is the killing of a human being by criminal negligence or the killing of a human being by a dog/another animal.
Vehicular Homicide: According to Louisiana Laws Revised Statutes, vehicular homicide is the killing of another person cause directly or proximately by the driver engaged, in physical control, or an operation of a motor vehicle, watercraft, aircraft, whether or not the offender had the intent to cause death or great bodily harm.
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