General Provisions, Criminal Liability, Defenses to Criminal Prosecutions

Question 1

§17-2-1 (Jurisdiction)

Answer 1

• Authority to Act

Question 2

§17-2-2 (Venue)

Answer 2

• Where the trial takes place

> Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided by law.

Question 3

§17-3-1 (Limitation of prosecutions)

When can the prosecution for a murder commence?

Answer 3

Anytime. There is no limitation

Question 4

§17-3-1 (Limitation of prosecutions)

When will forceable felonies commence?

Answer 4

Anything punishable by death (not murder) shall be commenced within seven years after the commission of the crime.

Question 5

§17-3-1 (Limitation of prosecutions)

What offenses may commence at any time when DNA evidence is used to establish the identity of the accused?

Answer 5

1) Armed Robbery
2) Kidnapping
3) Rape
4) Aggravated child molestation
5) Aggravated sodomy
6) Aggravated sexual battery

Question 6

What does DNA stand for?

Answer 6

Deoxyribonucleic Acid

Question 7

What is a misdemeanor?

Answer 7

A misdemeanor is a criminal act that is not a felony. Misdemeanors can be punished with up to 12 months in jail.

Question 8

What is a felony?

Answer 8

A felony in Georgia is a serious crime that carries a sentence of more than a year and up to life in prison.

Question 9

§17-3-1 (Limitation of prosecutions)

Prosecutions for misdemeanors shall be commenced within how many years after the commission of the crime?

Answer 9

Two Years

Question 10

§17-3-2 (Periods Excluded from limitation)

What are the seven crimes that the applicable statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency?

Answer 10

1) Cruelty to children
2) Rape
3) Sodomy
4) Statutory Rape
5) Child Molestation
6) Enticing a child for indecent purposes
7) Incest

Question 11

§16-1-3 (Definitions)

Define “Affirmative Defense”

Answer 11

An Affirmative Defense is a legal defense in which the defendant acknowledges the accusation but presents new evidence or arguments that, if proven, would reduce or eliminate their liability or responsibility.

“Yes, I did it, but…”

“No, I didn’t do it!” (Alibi)

Question 12

§16-1-3 (Definitions)

Define “Forcible Felony”

Answer 12

Any felony that involves the use or threat of physical force or violence against any person

Question 13

§16-1-3 (Definitions)

Define “Forcible misdemeanor”

Answer 13

Any misdemeanor which involves the use or threat of physical force or violence against any person

Question 14

§16-1-3 (Definitions)

Define “Property”

Answer 14

Anything of value, including but not limited to real estate, tangible and intangible personal property, contract rights, and services..etc

Question 15

§16-1-3 (Definitions)

Define “Without Authority”

Answer 15

Without legal right or privilege or permission of a person legally entitled to without the right.

Question 16

§16-1-3 (Definitions)

Define “Reasonable Belief”

Answer 16

The person concerned, acting as a reasonable man, believes facts exist.

• Common sense

Question 17

§16-1-4 (Code Governs Crimes)

Answer 17

No conduct constitutes a crime unless described in this title or another state statute.

Question 17

§16-1-5 (Presumption of innocence and proof beyond a reasonable doubt)

Answer 17

Every person is presumed innocent until proven guilty. No person shall be convicted unless each element of such crime is proved beyond a reasonable doubt.

Question 18

§16-1-6 (Included crime)

Answer 18

Explains that if someone is charged with a crime, they can also be convicted of a lesser offense that is part of the original crime, even if they weren’t charged explicitly with that lesser offense.

• For example, if a person is charged with aggravated assault, but the evidence suggests their actions only fit the definition of simple assault (a lesser crime), they can still be convicted of simple assault, as it is considered an included crime.

Question 19

§16-1-7 (Multiple prosecutions for same conduct)

Answer 19

States that a person cannot be prosecuted more than once for the same conduct or event.

• In other words, if someone is already convicted or acquitted of a crime related to a particular set of actions, they cannot be tried again for that same crime or for another crime that is based on the same facts unless there are special circumstances.

Question 20

§16-2-1 (Definition of crime; criminal negligence)

Define “Crime”

Answer 20

Explains that a crime is generally defined as an act or failure to act that violates the law and results in punishment.

Question 21

§16-2-1 (Definition of crime; criminal negligence)

Define “Criminal Negligence”

Answer 21

Failure to act which demonstrates a willful, wanton, or reckless disregard for the provides for any criminal penalty.

(Someone fails to be aware of a substantial and unjustifiable risk that their actions could cause harm or danger)

Question 22

§16-2-2 (Misfortune or accident not a crime)

Answer 22

A person shall not be found guilty or any crime by misfortune or accident where it satisfactorily appears there was not criminal scheme or undertaking, intention, or criminal negligence.

Question 23

§16-2-3 (Presumption of sound mind and discretion)

Answer 23

Every person is presumed to be of sound mind and discretion but the Presumption may be rebutted.

Question 24

§16-2-4 (Acts presumed to be willfull)

Answer 24

The Acts of a person of sound mind and discretion are presumed to be the product of the person’s will but the presumption may be rebutted.

Question 25

§16-2-5 (Consequences presumed intended)

Answer 25

A person of sound mind and discretion is presumed to intend the natural and probable consequences of his Acts but the presumption may be rebutted.

Question 26

§16-2-6 (Intention a question of fact)

Answer 26

The question of a person’s intention is up to the facts presented in the case and how those facts are interpreted.

Question 27

§16-2-20 (Parties to crime; Punishment)

Answer 27

Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime

Question 28

§16-2-21 (Trial and conviction of parties who did not directly commit the crime)

Answer 28

Any party to a crime who did not directly commit the crime may be indicated, tried, convicted, and punished for commission of the crime upon proof that the crime was committed

Question 29

§16-3-1 (Minimum Age)

Answer 29

A person shall not be considered or found guilty of a crime unless he has attained the age of 13 at the time of the act, omission, or negligence constituting the crime.

Question 30

§16-3-2 (Mental Capacity; insanity)

Answer 30

A person shall not be found of a crime if, at the time of the act, omission, or negligence constituting the crime, the person did not have mental capacity to distinguish between right and wrong in relation to such act, omission, or negligence.

Question 31

§16-3-4 (Intoxication)

Answer 31

Person will be found guilty of crime if, due to involuntary Intoxication, cannot distinguish between right and wrong.

Question 32

§16-3-5 (Mistake of fact)

Answer 32

Induced by a misapprehension of fact

Question 33

§16-3-5 (Entrapment as a defense)

Answer 33

Person is not guilty of a crime if government officer or employee for purpose of evidence used in prosecuting person for commission of the crime

Question 34

§16-3-21 (Use of force om defense of self or others, including homicide conflicting rules)

Answer 34

A person is justified in using force against another when they reasonably believe force is necessary to defend themselves or or a third person against such other’s imminent use of unlawful force (forcible felony)

Question 35

§16-3-21 (Persons rendering assistance to law enforcement officers)

Answer 35

> Any person who renders assistance reasonably and in good faith to any law enforcement officer

> immune to the same extent as the law enforcement officer from any criminal liability

Question 36

§16-3-23 (Use of force in defense of habitation)

Answer 36

allows a person to use force, including deadly force, to protect their home from unlawful entry or to prevent a crime. There is no duty to retreat, and force can be used if the person reasonably believes it’s necessary to protect themselves or others.

Question 37

§16-3-23.1 (Use of force in defense of habitation, property, self, or others; no duty to retreat)

Answer 37

allows a person to use force to protect their property from theft, damage, or trespassing. Deadly force can only be used if the person reasonably believes it’s necessary to prevent a felony or immediate danger to themselves.