Criminal Law

Question 1

Murder

Answer 1

An unlawful killing of a human being with malice aforethought

Question 2

Express malice

Answer 2

The deliberate intention to unlawfully take a life.

Question 3

Implied malice

Answer 3

There is no clear provocation or where circumstances show a reckless disregard for life or an abandoned and malignant heart.

Question 4

Felony murder

Answer 4

A killing proximately caused during the commission or attempted commission of a serious or inherently dangerous felony. It includes intentional and accidental killing, as well as liability for the acts of one’s accomplices. (Burglary, Arson, Rape, Robbery, Kidnapping)

Question 5

First Degree Murder

Answer 5

Intent-to-kill murder

Question 6

Second Degree Murder

Answer 6

Murder that does not meet the requirements of first degree murder

Question 7

Voluntary Manslaughter

Answer 7

An intentional killing mitigated by adequate provocation or other circumstances negating malice aforethought.

Question 8

Adequate provocation

Answer 8

Voluntary manslaughter. “such that a reasonable person would lose self-control.”

Question 9

Imperfect Self-Defense

Answer 9

Can mitigate murder to voluntary manslaughter where a defendant was either at fault in starting an altercation, or unreasonably, but honestly, believed that harm was imminent or that deadly force was necessary.

Question 10

Involuntary Manslaughter

Answer 10

An unintentional killing resulting without malice aforethought caused by either reckless or criminal negligence or during the commission or attempted commissions of an unlawful act.. Criminal negligence = high degree or risk of death or serious bodily injury

Question 11

Kidnapping

Answer 11

An unlawful, restraint of a person’s liberty by force or show of force so as to send them to another location

Question 12

Rape

Answer 12

Unlawful sexual intercourse by a male person with a female without her consent.

Question 13

Larceny

Answer 13

trespassory taking and carrying away of the tangible personal property of another with the intent to permanently deprive the owner thereof.

Question 14

Embezzlement

Answer 14

The fraudulent conversion or misappropriation of the property of another by one who is already in lawful possession.

Question 15

Robbery

Answer 15

Larceny, plus taking must be from the person or presence of the victim and the taking must be by force or by intimidation or the threat of violence.

Question 16

False Pretenses

Answer 16

A false representation of a present or past material fact by the defendant, which causes the victim to pass title to his property to the defendant who knows his representation to be false.

Question 17

Larceny by Trick

Answer 17

Defendant obtains possession of the personal property of another by means of a representation or promise that he knows is false at the time he takes possession.

Question 18

Receiving Stolen Property

Answer 18

The receiving of stolen property known to be stolen with the intent to permanently deprive the owner. The defendant must know or actually believe that the property is stolen.

Question 19

Burglary

Answer 19

The breaking and entering of the dwelling house of another with the intent to commit a felony within. GA requires only a entering or remaining in the location without authority. Also, felony or any theft is GA is acceptable.

Question 20

Arson

Answer 20

The malicious burning of the dwelling of another. There must be at least some charring of the premises. In GA.
First = Dwelling
Second = Any building or vehicle
Third = property over $25

Question 21

Solicitation

Answer 21

Enticing, advising, inciting, inducing, urging, or otherwise encouraging another to commit a felony or breach of the peace.

Question 22

Attempt

Answer 22

The specific intent to bring about a criminal result, and a significant over act in furtherance of that intent. In GA, “substantial step towards the commission of the crime.”

Question 23

Legal Impossibility

Answer 23

The defendant did all those things he intended to do, but his acts did not constitute a crime.

Question 24

Conspiracy

Answer 24

An agreement between two or more persons to commit a crime or to commit a lawful act by criminal means. GA requires an “overt act” in furtherance of the conspiracy

Question 25

Accomplice

Answer 25

An individual who gives assistance or encouragement, or fails to act where he has a legal duty to oppose the crime of another, and purposefully intends to effectuate commission of the crime.

Question 26

Search

Answer 26

Government intrusion into space or activities where an individual has a reasonable expectation of privacy.