Criminal Law

Question 1

Felony Murder

Answer 1

It is the killing of a human being with malice aforethought during the commission of an inherently dangerous felony.
As long as the felony is set in motion, and death occurs, the person has committed a felonious murder.

In Georgia when a d has committed several felonies and it is unclear which of them is the underlying felony for a felony murder conviction, the most severe felony is merged with the felony murder.

The d can be sentenced for both felony and murder when there is a felony with malice aforethought and felony murder. There is no merger.

In Georgia, a defendant can be charged with the felony murder of a cofelon if the cofelon is killed during the commission of the felony and flies before the point of safety

Question 2

First-degree murder

Answer 2

It is the intentional killing of another human being with malice aforethought through laying in wait, premeditation, and deliberation. like poisoning someone

Question 3

Murder

Answer 3

Murder is the intentional killing of a human being with malice aforethought. with one of the following states of mind.

1. Intent to kill
2. Intent to cause grievous bodily harm
3. Reckless indifference to an unjustifiable risk of harm may occur
4. Intent to commit a felony

In Georgia, a person commits murder when the person unlawfully and with malice aforethought, express or implied, causes the death of another human being. All murder except murder in the second degree is a capital offense and is punishable by death or life in prison.

Question 4

Deadly weapon Rule

Answer 4

The intentional use of a deadly weapon can be used to infer the intent to kill.

A deadly weapon is any instrument that is likely to produce death or serious bodily injury.

Question 5

Second Degree Murder

Answer 5

It is murder with malice aforethought, it is depraved heart murder with extreme recklessness and intentional infliction of great bodily harm and death results.

It is a catchall for all murder which is not first-degree murder.

In Georgia a person commits second-degree murder when, in the commission of a second-degree cruelty to children, the person causes the death of another human being, irrespective of malice.

Second-degree cruelty to children consists of causing, with criminal negligence, a child under the age of 18 excessive physical and mental pain.

Question 6

Feticide

Answer 6

Feticide is when a person causes the death of a fetus at any stage of development.
1. During the commission of a felony
2. Willful by causing harm to the mother that would constitute murder if it were to result in the mother’s death.

Question 7

Homicide by Vehicle

Answer 7

It is causing the death of another without malice aforethought by driving in a manner that violates the state’s motor Vehicles and Traffic code.

Question 8

Voluntary Manslaughter

Answer 8

This is the killing of a human being that would otherwise be murder but committed in the heat of passion upon adequate provocation.

Provocation is adequate if it meets 4 requirements
1. Provocation that would arouse sudden and intense passion in the mind of an ordinary person causing them to lose self-control.
2. The defendant was provoked.
3. There was no cooling-off period between the provocation and the killing
4. The defendant did not cool off,

Question 9

Involuntary Manslaughter

Misdemeanor Manslaughter Rule.

Answer 9

It is the killing of a human being due to gross negligence ir recklessness or killing during a misdemeanor or felony that does not qualify as felony murder.

In Ga IV Manslaughter is causing the death of another without intending to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.

Question 10

Battery

Simple
Battery Under GA Law

Agg. Battery

Answer 10

It is the unlawful application of force to the person of another resulting in either bodily injury or an offensive touching. It can be intentional but need not be intentional and the force need not be applied directly.

In Ga
Simple battery consists of intentionally making physical contact of an insulting or provoking nature with the person of another or intentionally causing harm to another.

Battery is also separate which is the intentional causing of substantial physical harm or bodily harm.

Agg. Battery
Battery with a deadly weapon
Battery resulting in serious bodily harm
Battery of a child, woman, or police office.

Question 11

Assault
Simple Assault
Agg. Assault

Answer 11

Assault is an attempt at battery, a swing and a miss or
The intentional creation is other than mere words of a reasonable apprehension of imminent bodily harm that may result.

Simple Assault in Ga
A person commits a simple assault when the person either,
1. Attempts to commit a violent injury to the person of another
2. Commits an act that places another in reasonable apprehension of immediately receiving a violent injury.

Agg. Assault
Agg assault is simple assault plus the use of a deadly or dangerous weapon with intent to rape, maim, or murder.

In Ga, a person commits Agg. Assault is when the person assaults another with intent to murder, rape, or rob with a deadly weapon with any object, devise, or instrument that is likely to or actually doe result in strangulation or by discharging a firearm from within a vehicle.

Question 12

False Imprisonment

Answer 12

It consists of unlawful confinement of a person without the person’s consent.

Question 13

Kidnapping

Answer 13

Unlawful confinement of a person that involves either some movement of the victim or concealment of the victim in a secret place.

Agg. Kidnapping
It is kidnapping for a ransom, kidnapping to commit other crimes, and child stealing.

In Ga
Kidnapping consists of abducting or stealing away any person without lawful authority and holding such person against their will. Any slight movement of the victim is sufficient.

Question 14

Rape

Answer 14

It is sexual intercourse without consent accomplished by force, threat of force, or when the victim is unconscious.

Statutory Rape is the carnal knowledge of a person under the age of consent. Statutory Rape is a strict liability crime and therefore it is not necessary to show a lack of consent.

Question 15

Accomplice Liability

Answer 15

Principal: It is the person who commits the illegal act or who causes an innocent agent to do so and they are liable for the principal crime.

Accomplice is the person who aids or encourages the principal to commit the illegal conduct and they are liable for the crime the principal intended to aid or encourage crime.

Accessory after the fact
It’s a person who aids another escape knowing they had committed a felony, they are liable for a separate lesser offense of being an accessory after the fact.

Question 16

Solicitation

Answer 16

It is asking someone with the intent to commit a crime be committed.

In GA a solicitation occurs when a person with intent asks another to commit a felonious crime, the individual solicits, encourages, requests, commands, or otherwise attempts to cause the other to engage in such conduct.

Question 17

Conspiracy

Answer 17

A conspiracy requires an agreement between 2 or more persons, an intent to enter into the agreement, and an intent by 2 or more persons to achieve the objective of the agreement.

In Ga
An overt act to bring about the conspiracy. It is an act in furtherance of the conspiracy such as mere preparation is sufficient.

Question 18

The Fifth Amendment right to counsel under Miranda

Answer 18

applies only to custodial interrogations by the police or one known to be an agent of the police. The purpose of the rule is to protect the right against self-incrimination by preventing the police from badgering a suspect until he talks.

Question 19

The Sixth Amendment right to counsel applies

Answer 19

The Sixth Amendment right to counsel applies only after adversary judicial proceedings have begun (e.g., formal charges have been filed).