Louisiana Code of Criminal Procedure 390 – Burden of proof; justification of self-defense raised; probable cause
Terms Used In Louisiana Code of Criminal Procedure 390
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. In any criminal proceeding in which the justification of self-defense is raised pursuant to La. Rev. Stat. 14:19 or 20, the state shall have the burden to prove beyond a reasonable doubt that the defendant did not act in self-defense.
B. Any defendant intending to assert the justification of self-defense pursuant to La. Rev. Stat. 14:19 or 20 shall provide written notice to the district attorney within ten days after the state has moved for discovery under Article 724. Thereafter, the court may, for good cause shown, allow a defendant to provide such notice at any time before the commencement of the trial.
C. A peace officer shall consider evidence of self-defense in accordance with La. Rev. Stat. 14:19 or 20 when determining if probable cause exists to conduct an arrest.
Acts 2024, No. 729, §2.