1. Homicide Flashcards
What is Murder in Georgia?
Murder (malice murder) is defined in the same way as common law which is an Unlawful killing of a human being with malice aforethought.
What is malice aforethought in Georgia?
Malice aforethought can be satisfied by:
1. express malice
2. implied malice
What is express malice in Georgia?
Express malice is the deliberate intention to unlawfully take a life
proven by external evidence or circumstances.
What is implied malice in Georgia?
Implied malice exists where there is:
1. NO clear provocation; or
2. the circumstances show a reckless disregard for life or an abandoned and malignant heart
What Felony Murder in Georgia?
Felony murder is an intentional or unintentional killing proximately caused during the commission or attempted commission of a serious OR inherently dangerous felony.
What can a Felony Murder charge be based on in Georgia?
A felony murder charge can be based on:
1. inherently dangerous felonies; or
2. any felony that foreseeably risks death under the given circumstances.
Does the felony need to be collateral for Felony Murder under Georgia law?
No, the felony need NOT be collateral or independent of the killing. Therefore, Aggravated battery or aggravated assault can be the basis for felony murder.
Does Georgia follow the ‘agency theory’ or ‘Redline Limitation’ on Felony Murder?
Therefore, in Georgia, felony murder, applies….
No, Georgia does NOT follow the ‘agency theory’ nor the ‘Redline Limitation’ on felony murder.
Therefore, in Georgia, felony murder applies regardless of whether:
1. the killing is committed by a co-felon, a non-felon (such as a victim, bystander, or police officer); or
2. the person killed is a non-felon or a co-felon.
Does Georgia recognize Degrees of Murder?
Georgia does not differentiate murder by degrees with one exception:
second-degree murder occurs when cruelty to children in the second degree causes death irrespective of malice.
What is Voluntary Manslaughter in Georgia?
Voluntary manslaughter is an:
i.) INTENTIONAL killing MITIGATED by adequate provocation or other circumstances;
ii.) NEGATING malice aforethought.
How is the cooling-off period described for Voluntary Manslaughter in Georgia?
The cooling-off period is described as ‘sufficient time for the voice of reason and humanity to be heard.’
What is Involuntary Manslaughter in Georgia?
when someone unintentionally causes another person’s death while performing a lawful act in an unlawful manner likely to cause death or serious injury.
What is the Misdemeanor-Manslaughter rule in Georgia?
It is involuntary manslaughter when one:
1. causes a death without intending to do so; and
2. by the commission of an unlawful act other than a felony
The act in the Misdemeanor-Manslaughter rule can be _______.
[malum in se or malum prohibitum]
Feticide
the willful and unjustified act of causing the death of an unborn child by inflicting injury upon the mother, which would be considered murder if it resulted in her death.
Additionally, causing the death of an unborn child during the commission of a felony also constitutes feticide.
A conviction for feticide in Georgia carries a penalty of life imprisonment. However, if the act is committed under circumstances that would otherwise be classified as feticide but occur as a result of a sudden, violent, and irresistible passion due to serious provocation, the offense may be reduced
to voluntary manslaughter of an unborn child.
