Hot Topics GA Crim Law

Question 1

What is the distinction of conspiracy in Georgia?

Answer 1

Conspiracy is treated like solicitation and attempt; it merges into the completed crime.

Additionally, conspiracy merges into a conviction for attempt.

Question 2

How is murder defined in Georgia?

Answer 2

Murder is when a person unlawfully and with malice aforethought causes the death of another human being.

All murder, except second degree murder, is a capital offense punishable by death or life in prison.

Question 3

What constitutes second degree murder in Georgia?

Answer 3

Second degree murder occurs when, in the commission of second degree cruelty to children, a person causes the death of another human being, irrespective of malice.

Second degree cruelty to children involves causing excessive physical or mental pain to a child under 18 with criminal negligence.

Question 4

What is feticide according to Georgia law?

Answer 4

Feticide is when a person causes the death of a fetus at any stage of development through:
* Willful injury to the mother that would constitute murder if it resulted in the mother’s death
* During the commission of a felony

Question 5

True or False: In Georgia, all murder is punishable by death or life in prison.

Answer 5

True

All murder except second degree murder falls under this legal consequence.

Question 6

Fill in the blank: In Georgia, conspiracy merges into a __________ for attempt.

Answer 6

conviction

Question 7

What crime is committed in Georgia when a person causes the death of a fetus at any stage of development?

Answer 7

Feticide

Feticide occurs willfully through an injury to the mother or during the commission of a felony.

Question 8

How is ‘Homicide by Vehicle’ defined in Georgia?

Answer 8

Causing the death of another without malice aforethought by violating the Motor Vehicles and Traffic Code

This involves reckless or negligent driving that results in death.

Question 9

What is the felony murder doctrine in Georgia?

Answer 9

Applies only to felonies that are inherently dangerous or create a foreseeable risk of death

This aligns with the majority rule in the United States.

Question 10

Does Georgia recognize a limitation on a defendant’s liability for felony murder if a co-felon is killed?

Answer 10

No, Georgia does not recognize this limitation

A defendant can still be liable for felony murder even if the victim is a co-felon.

Question 11

What constitutes ‘simple battery’ in Georgia?

Answer 11

Intentionally making physical contact of an insulting or provoking nature with another person

This definition includes actions that do not necessarily cause physical harm.

Question 12

What constitutes ‘simple battery’ in Georgia?

Answer 12

Intentionally making physical contact of an insulting or provoking nature or intentionally causing physical harm to another

Simple battery is defined by two main actions: offensive contact and causing harm.

Question 13

What is the difference between ‘simple battery’ and ‘battery’ in Georgia?

Answer 13

‘Battery’ involves intentionally causing substantial physical harm or visible bodily harm, while ‘simple battery’ does not require substantial harm

Battery is a more severe charge than simple battery.

Question 14

What constitutes ‘aggravated battery’ in Georgia?

Answer 14

Maliciously causing bodily harm by depriving a member of the body, rendering a member useless, or seriously disfiguring the body

Aggravated battery is a more serious offense compared to simple battery.

Question 15

What is the definition of ‘simple assault’ in Georgia?

Answer 15

Either attempting to commit a violent injury or committing an act that places another in reasonable apprehension of immediate injury

Simple assault does not require actual injury, just the threat of it.

Question 16

What actions constitute ‘aggravated assault’ in Georgia?

Answer 16

Assaulting another with intent to murder, rape, or rob; with a deadly weapon; with an object likely to cause strangulation; or by discharging a firearm

Aggravated assault is considered a more serious crime due to the involvement of intent and the use of weapons.

Question 17

What is simple assault in Georgia?

Answer 17

A person commits simple assault when they either:
* attempt to commit a violent injury to another person
* commit an act that places another in reasonable apprehension of immediately receiving a violent injury

Simple assault does not require physical injury to the victim.

Question 18

What constitutes aggravated assault in Georgia?

Answer 18

A person commits aggravated assault when they assault another:
* with intent to murder, rape, or rob
* with a deadly weapon
* with any object likely to cause strangulation
* by discharging a firearm from within a motor vehicle

Aggravated assault is considered a more serious offense compared to simple assault.

Question 19

How does Georgia define theft by taking?

Answer 19

Theft by taking occurs when a person unlawfully takes or unlawfully appropriates any property of another with the intention of depriving them of that property

This definition applies regardless of the manner in which the property is taken or appropriated.

Question 20

What is theft by deception in Georgia?

Answer 20

Theft by deception consists of obtaining property by deceitful means or artful practice with the intention of depriving the owner of the property

This type of theft involves trickery or fraud.

Question 21

What is theft by conversion?

Answer 21

Theft by conversion occurs when a person lawfully obtains another’s funds or property but then unlawfully appropriates it

This means that the person had legal possession initially but misuses that possession.

Question 22

What constitutes aggravated assault in Georgia?

Answer 22

A person commits aggravated assault when they assault another with:
* intent to murder, rape, or rob
* a deadly weapon
* any object likely to result in strangulation
* discharging a firearm from within a motor vehicle

This definition highlights the severity of the offense in Georgia law.

Question 23

How does Georgia classify theft?

Answer 23

Georgia classifies theft as various kinds, including:
* theft by taking
* theft by deception
* theft by conversion
* theft of services
* theft of lost or mislaid property

This approach aligns with modern criminal codes.

Question 24

What is theft by taking in Georgia?

Answer 24

Theft by taking occurs when a person unlawfully takes or appropriates property with the intention of depriving the owner of it

This includes any manner of taking or appropriating the property.

Question 25

Define theft by deception in Georgia.

Answer 25

Theft by deception consists of obtaining property by deceitful means or artful practice with the intention of depriving the owner ## Footnote This emphasizes the use of deception as a key element.

Question 26

What constitutes theft by conversion in Georgia?

Answer 26

Theft by conversion occurs when a person lawfully obtains another's property and then knowingly converts it to their own use, violating an agreement or obligation ## Footnote The property must have a replacement cost of $100 or more.

Question 27

What is meant by theft of services in Georgia?

Answer 27

Theft of services involves knowingly obtaining services or property available only for compensation by deception, intending to avoid payment ## Footnote This includes accommodations and entertainment.

Question 28

How is theft of lost or mislaid property defined in Georgia?

Answer 28

Theft of lost or mislaid property occurs when a person comes into control of property they know to be lost or mislaid and appropriates it without taking reasonable measures to restore it ## Footnote This highlights the obligation to attempt to return the property.

Question 29

What constitutes aggravated assault in Georgia?

Answer 29

A person commits aggravated assault when they assault another with: * intent to murder, rape, or rob * a deadly weapon * any object likely to result in strangulation * discharging a firearm from within a motor vehicle ## Footnote This definition highlights the severity of the offense in Georgia law.

Question 30

How does Georgia classify theft?

Answer 30

Georgia classifies theft as various kinds, including: * theft by taking * theft by deception * theft by conversion * theft of services * theft of lost or mislaid property ## Footnote This approach aligns with modern criminal codes.

Question 31

What is theft by taking in Georgia?

Answer 31

Theft by taking occurs when a person unlawfully takes or appropriates property with the intention of depriving the owner of it ## Footnote This includes any manner of taking or appropriating the property.

Question 32

Define theft by deception in Georgia.

Answer 32

Theft by deception consists of obtaining property by deceitful means or artful practice with the intention of depriving the owner ## Footnote This emphasizes the use of deception as a key element.

Question 33

What constitutes theft by conversion in Georgia?

Answer 33

Theft by conversion occurs when a person lawfully obtains another's property and then knowingly converts it to their own use, violating an agreement or obligation ## Footnote The property must have a replacement cost of $100 or more.

Question 34

What is meant by theft of services in Georgia?

Answer 34

Theft of services involves knowingly obtaining services or property available only for compensation by deception, intending to avoid payment ## Footnote This includes accommodations and entertainment.

Question 35

How is theft of lost or mislaid property defined in Georgia?

Answer 35

Theft of lost or mislaid property occurs when a person comes into control of property they know to be lost or mislaid and appropriates it without taking reasonable measures to restore it ## Footnote This highlights the obligation to attempt to return the property.

Question 36

What does theft in Georgia consist of?

Answer 36

Unlawfully taking or appropriating any property of another with the intention of depriving them of it ## Footnote This includes various kinds of theft as defined by modern criminal codes.

Question 37

What is theft by deception?

Answer 37

Obtaining property by deceitful means or artful practice with the intention of depriving the owner ## Footnote This form of theft involves fraudulent actions to gain property.

Question 38

How is theft by conversion defined?

Answer 38

Lawfully obtaining another's property and knowingly converting it to one's own use in violation of an agreement ## Footnote This applies when the property has a replacement cost of $100 or more.

Question 39

What constitutes theft of services?

Answer 39

Knowingly obtaining services or property available only for compensation by deception to avoid payment ## Footnote This includes accommodations, entertainment, or personal property.

Question 40

What is theft of lost or mislaid property?

Answer 40

Controlling property known to be lost or mislaid and appropriating it without taking reasonable measures to restore it ## Footnote The person must know or learn that the property was lost or mislaid.

Question 41

What are the affirmative defenses to theft in Georgia?

Answer 41

* Unaware that the property or service belonged to another * Acted under an honest claim of right * Took property exposed for sale intending to pay for it promptly ## Footnote These defenses can mitigate liability in theft cases.

Question 42

True or False: A person can commit theft by conversion even if they initially lawfully obtained the property.

Answer 42

True ## Footnote The key factor is the violation of the agreement regarding the property's use.

Question 43

Fill in the blank: Theft by deception involves obtaining property by _______ means.

Answer 43

deceitful ## Footnote This highlights the fraudulent aspect of the act.

Question 44

What does theft in Georgia consist of?

Answer 44

Unlawfully taking or appropriating any property of another with the intention of depriving them of it ## Footnote This includes various kinds of theft as defined by modern criminal codes.

Question 45

What is theft by deception?

Answer 45

Obtaining property by deceitful means or artful practice with the intention of depriving the owner ## Footnote This form of theft involves fraudulent actions to gain property.

Question 46

How is theft by conversion defined?

Answer 46

Lawfully obtaining another's property and knowingly converting it to one's own use in violation of an agreement ## Footnote This applies when the property has a replacement cost of $100 or more.

Question 47

What constitutes theft of services?

Answer 47

Knowingly obtaining services or property available only for compensation by deception to avoid payment ## Footnote This includes accommodations, entertainment, or personal property.

Question 48

What is theft of lost or mislaid property?

Answer 48

Controlling property known to be lost or mislaid and appropriating it without taking reasonable measures to restore it ## Footnote The person must know or learn that the property was lost or mislaid.

Question 49

What are the affirmative defenses to theft in Georgia?

Answer 49

* Unaware that the property or service belonged to another * Acted under an honest claim of right * Took property exposed for sale intending to pay for it promptly ## Footnote These defenses can mitigate liability in theft cases.

Question 50

True or False: A person can commit theft by conversion even if they initially lawfully obtained the property.

Answer 50

True ## Footnote The key factor is the violation of the agreement regarding the property's use.

Question 51

Fill in the blank: Theft by deception involves obtaining property by _______ means.

Answer 51

deceitful ## Footnote This highlights the fraudulent aspect of the act.

Question 52

What are the key elements of burglary under Georgia law?

Answer 52

Entering or remaining, within an occupied or unoccupied building or structure, without authority, with the intent to commit a felony or any theft therein.

Question 53

True or False: Georgia's burglary statute requires a breaking or nighttime entry.

Answer 53

False.

Question 54

What types of structures can be burglarized under Georgia's law?

Answer 54

Much broader than set forth at common law.

Question 55

What constitutes home invasion in Georgia?

Answer 55

Entering the lawfully occupied dwelling of another, without authority, while armed with a deadly weapon, with the intent to commit a forcible felony or misdemeanor therein.

Question 56

Fill in the blank: In Georgia, every person 'concerned in the commission' of a crime is a _______.

Answer 56

[party to the crime].

Question 57

Under Georgia law, what must a person have to be convicted as a party to a crime?

Answer 57

They must be concerned in the commission of the crime.

Question 58

What constitutes a party to a crime in Georgia?

Answer 58

Every person 'concerned in the commission' of a crime is a party to the crime. ## Footnote This includes individuals who directly commit the crime, cause others to commit it, aid or abet its commission, or advise and encourage others to commit it.

Question 59

What are the ways a person can be considered 'concerned in the commission' of a crime in Georgia?

Answer 59

* Directly commits it * Intentionally causes someone else to commit it * Intentionally aids or abets the crime's commission * Intentionally advises, encourages, hires, counsels, or procures another to commit the crime ## Footnote This means that a person can be charged and convicted even if they did not commit the crime directly.

Question 60

True or False: In Georgia, mere presence at the scene of a crime is sufficient to prove that a person is a party to the crime.

Answer 60

False ## Footnote Georgia courts require more than just presence; approval of a criminal act without encouragement is also insufficient.

Question 61

What factors might infer a person's participation in a crime in Georgia?

Answer 61

* Presence * Companionship * Conduct before and after the offense ## Footnote These factors can be used to infer participation even if direct involvement is not evident.

Question 62

What is the definition of conspiracy in Georgia?

Answer 62

A person commits conspiracy when they, together with at least one other person, conspire to commit any crime and any one of them commits an overt act to bring about the object of the conspiracy. ## Footnote This means that at least two people must agree to commit a crime, and at least one must take action towards that goal.

Question 63

What constitutes advising or encouraging another to commit a crime?

Answer 63

Intentionally advises, encourages, hires, counsels, or procures another to commit the crime

Question 64

In Georgia, what is insufficient to show that a person is a party to a crime?

Answer 64

Approval of a criminal act not amounting to encouragement and mere presence at the scene of the crime

Question 65

What circumstances may infer a person's participation in a crime?

Answer 65

Presence, companionship, and conduct before and after an offense

Question 66

What is the definition of conspiracy in Georgia?

Answer 66

A person commits conspiracy when, together with at least one other person, conspires to commit any crime and any one of such persons commits an overt act to bring about the object of the conspiracy

Question 67

What happens to conspiracy when the crime is completed in Georgia?

Answer 67

Conspiracy merges with the completed crime

Question 68

Can a person be convicted of both conspiracy and the completed crime in Georgia?

Answer 68

No, a person may be convicted of either conspiracy to commit the crime or the completed crime, but not both

Question 69

In Georgia, can a person be convicted of both conspiracy and an attempt to commit a substantive crime?

Answer 69

No, a person may be convicted of either conspiracy or an attempt to commit a substantive crime, but not both

Question 70

What is Georgia's rule regarding the duty to retreat in self-defense?

Answer 70

Georgia follows the majority rule; a person has no duty to retreat and has the right to 'stand their ground' when the use of force is authorized

Question 71

What is the good faith exception to the exclusionary rule under federal law?

Answer 71

The exclusionary rule does not apply when a police officer relies on an invalid warrant in good faith.

Question 72

Does Georgia recognize the good faith exception to the exclusionary rule?

Answer 72

No, Georgia does not recognize the good faith exception to the exclusionary rule.

Question 73

What happens to evidence obtained under an invalid search warrant in Georgia?

Answer 73

Evidence obtained under an invalid search warrant will be excluded from evidence, even if the officer relied on it in good faith.

Question 74

Under Georgia law, what can officers do when executing a search warrant?

Answer 74

Officers may reasonably detain or search any person to protect themselves or to prevent the destruction of evidence.

Question 75

What does federal law allow officers to do when executing a search warrant?

Answer 75

Federal law allows officers to detain occupants within or immediately outside the premises at the time of the search.

Question 76

Can police search persons found on the premises who are not named in the warrant?

Answer 76

No, the search warrant does not authorize the police to search persons not named in the warrant.

Question 77

What is a Terry pat down?

Answer 77

A Terry pat down is a search for weapons based on reasonable belief that a person is armed and dangerous.

Question 78

What is the required timing for executing search warrants under federal law?

Answer 78

Search warrants must be executed within 10 days.

Question 79

In Georgia, what is required for a confession to justify a conviction?

Answer 79

A confession alone, uncorroborated by any other evidence, is insufficient.

Question 80

True or False: In Georgia, a confession can lead to a conviction without any additional evidence.

Answer 80

False

Question 81

What is the significance of corroboration in the context of confessions in Georgia?

Answer 81

Corroboration is necessary to support a confession for it to justify a conviction.

Question 82

What is the role of grand juries in the federal system?

Answer 82

Grand juries are used as a regular part of the charging process to determine probable cause by returning a bill of indictment as a true bill.

Question 83

What must happen after a defendant's arrest in terms of initial appearance?

Answer 83

A defendant must be brought in for an initial appearance soon after arrest.

Question 84

What is the purpose of a preliminary hearing?

Answer 84

To determine whether there is probable cause to detain a defendant.

Question 85

Is a preliminary hearing necessary if probable cause has already been determined?

Answer 85

No, it is not needed if a grand jury issued an indictment or a magistrate issued an arrest warrant.

Question 86

How does Georgia's use of grand juries differ from the federal system?

Answer 86

In Georgia, an arrestee who is refused bail must have the charge heard by a grand jury within 90 days after confinement.

Question 87

What happens if a grand jury does not consider charges within 90 days in Georgia?

Answer 87

The defendant is entitled to have bail set.

Question 88

What is the maximum time frame for an initial appearance in Georgia after arrest?

Answer 88

No more than 72 hours after arrest.

Question 89

What are preliminary hearings called in Georgia?

Answer 89

Commitment hearings.

Question 90

What is the purpose of commitment hearings in Georgia?

Answer 90

To determine whether there is sufficient reason to suspect the defendant's guilt.

Question 91

What must the court do if probable cause is found in a commitment hearing?

Answer 91

The court must commit the case.

Question 92

Fill in the blank: In Georgia, if there is an indictment, there is no need for a _______.

Answer 92

commitment hearing.

Question 93

True or False: In Georgia, a grand jury can be granted an extension to consider charges if the death penalty is sought.

Answer 93

True.

Question 94

What is the time limit for a grand jury to consider charges if an extension is granted in Georgia?

Answer 94

No more than 90 days.

Question 95

What begins the trial process in Georgia?

Answer 95

The prosecution's opening argument ## Footnote The defense may give an opening statement after the prosecution or before evidence introduction.

Question 96

In Georgia, when can the defense give its opening statement?

Answer 96

After the prosecution or before introduction of evidence ## Footnote The defense can also give an opening statement following the prosecution's presentation of evidence.

Question 97

What are the limitations on opening statements in Georgia?

Answer 97

Must be limited to expected proof by legally admissible evidence or lack of evidence ## Footnote This ensures that arguments are based on what can be legally proven.

Question 98

What is the order of closing arguments in Georgia?

Answer 98

1. Prosecution argues, 2. Defense argues, 3. Prosecution rebuts ## Footnote The prosecution opens and concludes the argument to the jury.

Question 99

What is the right to trial by jury in Georgia?

Answer 99

There is a right to a jury trial for all criminal cases ## Footnote This includes serious offenses where imprisonment for more than 6 months is authorized.

Question 100

What constitutes a serious offense in Georgia?

Answer 100

An offense where imprisonment for more than 6 months is authorized ## Footnote Petty offenses do not have a constitutional right to a jury trial.

Question 101

How many jurors are required for serious offenses in Georgia?

Answer 101

At least 6 jurors are required ## Footnote There is no constitutional right to a jury of 12.

Question 102

How many jurors are used in misdemeanor trials in Georgia?

Answer 102

6-person juries ## Footnote Felony trials in Georgia use 12-person juries.

Question 103

Fill in the blank: In Georgia, felony trials use _______ juries.

Answer 103

12-person ## Footnote This is contrasted with misdemeanor trials that use 6-person juries.

Question 104

True or False: In Georgia, the defense must always present its opening argument before the prosecution.

Answer 104

False ## Footnote The defense may present its opening statement after the prosecution or before evidence introduction.

Question 105

What must a judge do under federal law regarding jury instructions?

Answer 105

A judge will give the jury instruction requested by the defendant or the prosecution if the instruction is correct, has not already been given, and is supported by some evidence.

Question 106

What does the Double Jeopardy Clause prohibit?

Answer 106

Retrial for the same offense by the same sovereign.

Question 107

What is the requirement for objecting to jury instructions in Georgia?

Answer 107

A party must inform the court of the objection and the grounds for the objection before jury deliberations begin.

Question 108

Where must objections to jury instructions be made in Georgia?

Answer 108

Outside the presence of the jurors.

Question 109

What happens if a party fails to object to jury instructions according to Georgia rules?

Answer 109

It will preclude an appellate court from reviewing the jury instructions unless they constitute plain error affecting substantial rights.

Question 110

How does Georgia's double jeopardy rule compare to federal courts?

Answer 110

Georgia generally follows the same double jeopardy rules as federal courts but does not follow the separate sovereigns rule for federal prosecutions.

Question 111

Under what conditions will prosecution be barred in Georgia courts if there was a prior federal prosecution?

Answer 111

Prosecution will be barred if: * The defendant was formerly prosecuted in a federal district court * The federal prosecution resulted in either a conviction or an acquittal * The Georgia prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other, or unless the crime was not consummated when the former trial began.