Basic Law, Ethics, and Criminal Justice System Flashcards
A person is considered a ____________ and may be charged with and convicted of a crime if the person:
1) Directly commits the crime;
2) Intentionally causes some other person to commit the crime, under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity;
3) Intentionally aids or abets another person;
4) Intentionally advices, encourages, hires, counsels, or procures another person to commit a crime.
Party to a Crime
A violation of a statute in which there is a joint operation of an act or omission to act and intention or criminal negligence.
Crime
What title of the O.C.G.A. is known as the “Criminal Code of Georgia”?
Title 16
What are the five legal/regulatory sanctions an Officer may face if found guilty of unprofessional or unethical conduct.
1) Reprimand
2) Probation
3) Suspension of Certification
4) Revocation of Certification
5) Restriction or Limitation of Certification
Name the six pillars of character:
1) Trustworthiness
2) Respect
3) Responsibility
4) Fairness
5) Caring
6) Citizenship
A person commits this offense when he/she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
Aggravated Sexual Battery (Felony)
A person commits this offense when he/she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
- Intimate parts: primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
Sexual Battery (Misdemeanor High & Aggravated)
- If victim is under the age of 16, it is a felony.
A person commits this offense when such person abducts or steals away another person without lawful authority or warrant and holds such person against their will.
- For this offense to occur, slight movement shall be sufficient.
Kidnapping (Felony)
A place described as “OPEN” is a :
Public place
Two people engaging in Mortal Combat outside a bar. What would you charge them?
Affray
What is the biggest violation of ethics by Law Enforcement Officers?
Receiving Gratuities
You drive through Burger King and order. When you get to the window the employee states, “Your total is $6.48.” Your reply, “Yes, but I’m a Police Officer, how much is my price?” This is a violation of:
Ethics
A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 years of age commits the offense of _________________ when such person willfully deprives the child of necessary sustenance to the extent that the child’s health or well-being is jeopardized. What is the charge?
Cruelty To Children
A person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. What is the charge?
Cruelty to Children 1st Degree (Felony)
If your neighbor borrows your lawn mower and takes it to a pawn shop instead of returning it. What is the charge?
Theft by taking
Occurs when there is penetration of the female sex organ by the male sex organ.
- An element of rape
Carnal Knowledge
A person commits this offense when, with intent to commit theft, he takes property of another from the person or the immediate presence of another:
1) By use of force;
2) By intimidation, threat or coercion, or by fear of immediate serious bodily injury to himself or to another;
3) By sudden snatching
Robbery (felony)
A person commits this offense when he/she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.
Sodomy
GCIC is managed by:
GBI
If someone comes into a convenience store with a gun and takes the money and shoots the clerk. What can you charge them with?
Armed Robbery & Aggravated Assault
A person commits this offense when he/she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of the body useless, or by seriously disfiguring the body or a member thereof.
Aggravated Battery (felony)
Which Amendment prohibits cruel and unusual punishments, excessive fines, and excessive bail?
8th Amendment
The fighting by two or more persons in some public place to the disturbance of the public tranquility.
Affray (misdemeanor)
A person commits this offense when he/she either:
1) Attempts to commit a violent injury to another person.
2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Simple Assault (misdemeanor)
A person commits this offense when he/she either:
1) Intentionally makes physical contact of an insulting or provoking nature with another person; or
2) Intentionally causes physical harm to another.
Simple Battery (misdemeanor)
A person commits this offense when he/she causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony.
Involuntary Manslaughter (felony)
A person commits this offense when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
False Imprisonment (felony)
Which court system has the philosophy of rehabilitation?
Juvenile Court
What is the highest court in Georgia?
Superior Court
Which court utilizes a jury in Georgia?
Superior Court
A person commits this offense when he/she together with one or more persons plans to commit any crime and any one or more of such persons does any overt act to effect the object of the agreed upon plan.
Conspiracy to commit a crime
A person commits this offense when, with intent to commit a specific crime, he/she performs any act which constitutes a substantial step toward the commission of that crime.
Criminal Attempt
What Amendment protects against self incrimination?
5th Amendment
The first 10 Amendments are also know as the:
Bill of Rights
You get home from work and find your spouse in bed with another person. In a fit of passion, you kill the other person. What is the charge?
Voluntary Manslaughter (felony)
A person commits this offense when such person:
1) Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years old with intent to arouse or satisfy the sexual desires of either the child or the person; or
2) By means of electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 with intent to arouse or satisfy.
Child Molestation (felony)
- If the victim is 14 or 15 and the perp is 18 or younger and there is no more than 4 years difference in age, this is charged as a misdemeanor.
A person commits this offense when a sexual act towards a child under the age of 16 physically injures the child or involves an act of sodomy.
Aggravated Child Molestation (felony)
- Unless the perp is 18 or younger and not more than 4 years apart in age from the victim. (misdemeanor)
A person leaves the bar and is intoxicated. On the way home, the person crosses over into oncoming traffic and hits a car head on, killing the driver of the oncoming car. What is the charge?
Involuntary Manslaughter (felony)
She gave me sex for money. What is the charge?
Prostitution
Subject spends the night in a hotel and leaves the next morning without paying. What is the charge?
Theft of Services
Who is a Constitutional Officer?
Sheriff
What are the 8 levels of Court in Georgia?
1) Municipal Court
2) Magistrate Court
3) Probate Court
4) Juvenile Court
5) State Court
6) Superior Court
7) Court of Appeals
8) GA Supreme Court
Duties of whom:
- Enforce the law
- Preserve the public order
- Protect life and property
- Prevent, detect, or investigate crime
Law Enforcement Officer
What are the 5 stages within the criminal justice system?
1) Entry into the system
2) Prosecution & pre-trial services
3) Adjudication
4) Sentencing
5) Corrections
An authority conferred by law to act in certain conditions or situations in accordance with an official’s own judgement and conscience.
Discretion
The Criminal Justice System address 3 types of law:
1) Constitutional Law
2) Statutory Law
3) Administrative Law
What Amendment prohibits cruel and unusual punishments, excessive fines, and excessive bail?
8th Amendment
What Amendment addresses the quartering of soldiers in homes without the consent of the owner?
3rd Amendment
What Amendment guarantees the right of citizens to bear arms?
2nd Amendment
What Amendment prohibits Congress from making laws that prohibit the free exercise of religion, freedom of speech or of the press, or of the people to peaceably assemble and to petition the government for a redress of grievances.
1st Amendment
A person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
Cruelty to Children 2nd Degree (felony)
- When a person causes bodily harm or endangers the bodily safety of another.
- If a person knowingly has HIV and engages in sexual actions, said person can be charged without giving proper notice.
What would the charge be?
Reckless Conduct
Which Amendment enumerates the right to trial by jury in civil cases?
7th Amendment
An act of reckless disregard for the safety of others.
Criminal Negligence
Entering unlawfully into a dwelling.
Burglary 1st Degree
What agency provides investigative services to local state and Law Enforcement agencies?
GBI
What crime has the following elements:
- Malice
- Forethought
Murder
What type of crimes carry a fine of $5000.00 or more?
Felonies
What are 3 components of the Criminal Justice System?
Law Enforcement
Courts
Corrections
A crime punishable up to 12 months.
Misdemeanor
A person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery.
Cruelty to Children 3rd Degree
- Misdemeanor for 1st & 2nd offense
3rd offense = felony
What is the main goal of corrections?
Rehabilitation
The Grand Jury returns a…
True Bill or No Bill
It’s New Years Eve, you are firing a gun in the air and the bullet comes down and strikes an unintended person. What is the charge?
Reckless Conduct
A person commits this offense when he/she causes death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person.
Voluntary Manslaughter (felony)
A person commits this offense when, with intent to commit theft, he/she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or devise having the appearance of such weapon.
Armed Robbery (felony)
A person commits this offense when he or she assaults:
1) With intent to murder, rape, or rob;
2) With a deadly weapon, or any object or device, when used offensively against the person, is likely to or actually does result in serious bodily injury;
3) With any object that could result in strangulation, or
4) A person, without legal justification, shoots a firearm from within a vehicle toward another person.
Aggravated Assault (felony)
A person commits this offense when he has carnal knowledge of:
1) A female forcibly and against her will; or
2) A female who is less than 10.
Rape (felony)
A person commits this offense when he unlawfully takes or being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.
Theft by taking
A person goes into a store and changes a price tag. What is the charge?
Theft by Shoplifting
A crime punishable by death is a __________
Felony
A person commits this offense when he/she intentionally causes substantial physical harm or visible bodily harm to another.
- Black eyes, swollen lips, substantial bruises to body parts.
Battery (misdemeanor)
- 3rd offense to same victim = felony
A person commits this offense when he/she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.
Enticing a child (felony)
A person commits this offense when he/she performs any of the following acts in a public place:
1) An act of sexual intercourse;
2) A lewd exposure of the sexual organs;
3) A lewd appearance in a state of partial or complete nudity; or
4) A lewd caress or indecent fondling of the body of another person.
Public Indecency (misdemeanor)
A person commits this offense when he/she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
Stalking (misdemeanor)
A person commits this offense when he/she, in violation of a bond to keep the peace (TPO or restraining order).
Aggravated Stalking (felony)
A person commits this offense when he/she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner’s consent.
Smash and Grab Burglary (felony)
What is the minimum age you can be charged with a crime in Georgia?
13 years of age
A person commits this offense when he/she has in their possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with intent to make use thereof in the commission of a crime.
Possession of tools for the commission of crime.
- Felony
A person commits this offense when he/she destroys, damages, or defaces government property and, upon conviction thereof.
Interference with government property.
- Felony
A person commits this offense when he/she:
1) Knowingly and without authority interferes with any property in a manner so as to endanger human life; or
2) Knowingly and without authority and by force or violence interferes with the operation of any system of public communication, public transportation, sewerage, drainage, water supply, gas, power, or other public utility service or with any constituent property thereof.
Criminal damage to property in the 1st degree
- Felony
A person commits this offense when he/she:
1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00; or
2) Recklessly or intentionally, by means of fire or explosive, damages property of another person.
Criminal damage to property in the 2nd degree.
- Felony
What is the minimum age for criminal prosecution?
13
Which court has “General or Original” jurisdiction
Superior Court
Where a crime took place is called the _________.
Venue
The authority over where the crime happened is known as the _________.
Jurisdiction
What is classified as Public indecency?
- IN PUBLIC:
sex, exosure, full or partial nudity, indecent fondeling of another
What are the key elements to charge someone with Statutory Rape?
- under the age of 16
- not the spouse
- must have a testimony
When must insanity exist?
The moment the Crime occured
Is there a statue of limitation for Murder?
NO
To carge someone with a Crime, what must exist?
Elements of a Crime
Carnal Knowledge is defined as what?
Any penetration of the FEMALE sex organ by the MALE sex organ
Who is ultimately responsible for safety?
YOU are!
What is the term where, when firing the weapon , the bullet falls out of the tip of the weapon like water from a hose?
squib load
GCIC is called ?
Georgia Criminal information Center
What is it called when you load a magazine, charge the weapon and no bullet is in the chamber, and “click”?
Failure to feed
What should you focus on before firing your weapon?
Front sight
When in possession of a firearm, weapon, or replica you obtain a motor vehicle from an individual or in presence of another by force, violence, or intimidation or conspire to do so, is called what?
Motor Vehicle ijacking
What is the difference between battery and Family Violence Battery?
Relatioship and Residence
Conspiracy to commit a crime must have what?
two or more people
Mens Rae is a latin term for criminal intent, which means what?
Guilty mind
What are laws passed by the City and the County?
Local ordinances
Two of the four distinct characteristics of a profession?
Knowledge & Standards
Serious provocation is an essential element
Voluntary Manslaughter
All criminal offenses will be tried in the county where the crime was committed.
Venue
Entrapment exists when what occurs?
The idea and intention comes from a government employee.
Homicide is classified into which of the following categories?
Murder, Voluntary Manslaughter, Involuntary Manslaughter
