Crim Law

Question 1

Murder

Answer 1

Unlawful killing of a human being with malice aforethought. In Georgia, malice can be express or implied. Malice includes the intent to kill and the intent to inflict serious injury.

Question 2

Malice

Answer 2

In Georgia, malice can be express or implied.
-Express Malice: deliberate intention to take the life of another manifested by external circumstances capable of proof.
-Implied Malice: when no considerable provocation is apparent, and all circumstances of the killing show an abandoned and malignant heart

Malice also includes the intent to kill and the intent to inflict serious injury. Intent to inflict serious bodily harm can be inferred from the use of a deadly weapon to cause the bodily harm.

Question 3

Felony Murder

Answer 3

Unintended killing proximately caused by and during the commission of an inherently dangerous felony such as robbery. In GA, any felony that is inherently dangerous or creates a foreseeable risk of death will support a felony-murder conviction.

If a D was involved in multiple felonies and one of the felonies is malice murder, the D can be convicted of both malice murder and felony murder. However, if only one victim dies, then the D can be sentenced for only one of the murder charges.

In GA, under the proximate-cause theory, when someone other a cofelon dies as a result of resistance by a victim of the felony, the felons may be liable because the death was a direct cause of their felon

Additionally, felony murder exists if one of the co-felons kills another co-felon during the commission of the felony.

Question 4

Feticide

Answer 4

In GA, it’s a felony to willfully cause the death of an unborn child by any injury to the mother that would be murder if it resulted in the death of the mother. It’s also a felony if the death of the unborn child is caused during the commission of a felony.

Question 5

Voluntary Manslaughter

Answer 5

Intentional killing committed in response to adequate provocation.

(i.e., Voluntary manslaughter is a lesser included offense to malice murder. Voluntary manslaughter is a homicide committed with malice aforethought, but also with mitigating circumstances.)

Adequate provocation is a situation that would inflame the passion of a reasonable person to the extent that it would cause that person to momentarily act out of passion rather than reason. A serious battery, a threat of deadly force, or discovery of adultery by a spouse constitutes sufficient provocation.

However, if there was sufficient time b/w the provocation and the killing for a reasonable person to cool off, then murder is not mitigated to manslaughter.

Imperfect self-defense occurs when the person claiming self-defense unjustifiably killed the attacker. In most states, imperfect self-defense may be used as a basis to reduce a charge of murder to voluntary manslaughter. However, Georgia law does not recognize imperfect self-defense as a basis for voluntary manslaughter.

Question 6

Involuntary Manslaughter

Answer 6

In GA, a defendant causes the unintentional death of another by the defendant committing:

(i) an unlawful act other than a felony, or

(ii) a lawful act in an unlawful manner that is likely to cause death or great bodily harm