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Crim Law/Procedure Georgia Distinctions > Hot Topics GA Crim Law > Flashcards

Hot Topics GA Crim Law Flashcards

1
Q

What is the distinction of conspiracy in Georgia?

A

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

Additionally, conspiracy merges into a conviction for attempt.

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2
Q

How is murder defined in Georgia?

A

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.

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3
Q

What constitutes second degree murder in Georgia?

A

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.

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4
Q

What is feticide according to Georgia law?

A

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

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5
Q

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

A

True

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

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6
Q

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

A

conviction

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7
Q

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

A

Feticide

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

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8
Q

How is ‘Homicide by Vehicle’ defined in Georgia?

A

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.

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9
Q

What is the felony murder doctrine in Georgia?

A

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.

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10
Q

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

A

No, Georgia does not recognize this limitation

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

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11
Q

What constitutes ‘simple battery’ in Georgia?

A

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

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

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12
Q

What constitutes ‘simple battery’ in Georgia?

A

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.

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13
Q

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

A

‘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.

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14
Q

What constitutes ‘aggravated battery’ in Georgia?

A

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.

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15
Q

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

A

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.

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16
Q

What actions constitute ‘aggravated assault’ in Georgia?

A

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.

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17
Q

What is simple assault in Georgia?

A

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.

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18
Q

What constitutes aggravated assault in Georgia?

A

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.

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19
Q

How does Georgia define theft by taking?

A

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.

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20
Q

What is theft by deception in Georgia?

A

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.

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21
Q

What is theft by conversion?

A

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.

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22
Q

What constitutes aggravated assault in Georgia?

A

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.

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23
Q

How does Georgia classify theft?

A

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.

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24
Q

What is theft by taking in Georgia?

A

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.

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25
Q

Define theft by deception in Georgia.

A

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

This emphasizes the use of deception as a key element.

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26
Q

What constitutes theft by conversion in Georgia?

A

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

The property must have a replacement cost of $100 or more.

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27
Q

What is meant by theft of services in Georgia?

A

Theft of services involves knowingly obtaining services or property available only for compensation by deception, intending to avoid payment

This includes accommodations and entertainment.

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28
Q

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

A

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

This highlights the obligation to attempt to return the property.

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29
Q

What constitutes aggravated assault in Georgia?

A

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.

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30
Q

How does Georgia classify theft?

A

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.

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31
Q

What is theft by taking in Georgia?

A

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.

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32
Q

Define theft by deception in Georgia.

A

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

This emphasizes the use of deception as a key element.

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33
Q

What constitutes theft by conversion in Georgia?

A

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

The property must have a replacement cost of $100 or more.

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34
Q

What is meant by theft of services in Georgia?

A

Theft of services involves knowingly obtaining services or property available only for compensation by deception, intending to avoid payment

This includes accommodations and entertainment.

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35
Q

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

A

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

This highlights the obligation to attempt to return the property.

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36
Q

What does theft in Georgia consist of?

A

Unlawfully taking or appropriating any property of another with the intention of depriving them of it

This includes various kinds of theft as defined by modern criminal codes.

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37
Q

What is theft by deception?

A

Obtaining property by deceitful means or artful practice with the intention of depriving the owner

This form of theft involves fraudulent actions to gain property.

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38
Q

How is theft by conversion defined?

A

Lawfully obtaining another’s property and knowingly converting it to one’s own use in violation of an agreement

This applies when the property has a replacement cost of $100 or more.

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39
Q

What constitutes theft of services?

A

Knowingly obtaining services or property available only for compensation by deception to avoid payment

This includes accommodations, entertainment, or personal property.

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40
Q

What is theft of lost or mislaid property?

A

Controlling property known to be lost or mislaid and appropriating it without taking reasonable measures to restore it

The person must know or learn that the property was lost or mislaid.

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41
Q

What are the affirmative defenses to theft in Georgia?

A
  • 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

These defenses can mitigate liability in theft cases.

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42
Q

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

A

True

The key factor is the violation of the agreement regarding the property’s use.

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43
Q

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

A

deceitful

This highlights the fraudulent aspect of the act.

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44
Q

What does theft in Georgia consist of?

A

Unlawfully taking or appropriating any property of another with the intention of depriving them of it

This includes various kinds of theft as defined by modern criminal codes.

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45
Q

What is theft by deception?

A

Obtaining property by deceitful means or artful practice with the intention of depriving the owner

This form of theft involves fraudulent actions to gain property.

46
Q

How is theft by conversion defined?

A

Lawfully obtaining another’s property and knowingly converting it to one’s own use in violation of an agreement

This applies when the property has a replacement cost of $100 or more.

47
Q

What constitutes theft of services?

A

Knowingly obtaining services or property available only for compensation by deception to avoid payment

This includes accommodations, entertainment, or personal property.

48
Q

What is theft of lost or mislaid property?

A

Controlling property known to be lost or mislaid and appropriating it without taking reasonable measures to restore it

The person must know or learn that the property was lost or mislaid.

49
Q

What are the affirmative defenses to theft in Georgia?

A
  • 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

These defenses can mitigate liability in theft cases.

50
Q

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

A

True

The key factor is the violation of the agreement regarding the property’s use.

51
Q

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

A

deceitful

This highlights the fraudulent aspect of the act.

52
Q

What are the key elements of burglary under Georgia law?

A

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

53
Q

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

A

False.

54
Q

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

A

Much broader than set forth at common law.

55
Q

What constitutes home invasion in Georgia?

A

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.

56
Q

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

A

[party to the crime].

57
Q

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

A

They must be concerned in the commission of the crime.

58
Q

What constitutes a party to a crime in Georgia?

A

Every person ‘concerned in the commission’ of a crime is a party to the crime.

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.

59
Q

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

A
  • 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

This means that a person can be charged and convicted even if they did not commit the crime directly.

60
Q

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.

A

False

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

61
Q

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

A
  • Presence
  • Companionship
  • Conduct before and after the offense

These factors can be used to infer participation even if direct involvement is not evident.

62
Q

What is the definition of conspiracy in Georgia?

A

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.

This means that at least two people must agree to commit a crime, and at least one must take action towards that goal.

63
Q

What constitutes advising or encouraging another to commit a crime?

A

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

64
Q

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

A

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

65
Q

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

A

Presence, companionship, and conduct before and after an offense

66
Q

What is the definition of conspiracy in Georgia?

A

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

67
Q

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

A

Conspiracy merges with the completed crime

68
Q

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

A

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

69
Q

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

A

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

70
Q

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

A

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

71
Q

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

A

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

72
Q

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

A

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

73
Q

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

A

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

74
Q

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

A

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

75
Q

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

A

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

76
Q

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

A

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

77
Q

What is a Terry pat down?

A

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

78
Q

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

A

Search warrants must be executed within 10 days.

79
Q

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

A

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

80
Q

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

A

False

81
Q

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

A

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

82
Q

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

A

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.

83
Q

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

A

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

84
Q

What is the purpose of a preliminary hearing?

A

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

85
Q

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

A

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

86
Q

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

A

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

87
Q

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

A

The defendant is entitled to have bail set.

88
Q

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

A

No more than 72 hours after arrest.

89
Q

What are preliminary hearings called in Georgia?

A

Commitment hearings.

90
Q

What is the purpose of commitment hearings in Georgia?

A

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

91
Q

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

A

The court must commit the case.

92
Q

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

A

commitment hearing.

93
Q

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

A

True.

94
Q

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

A

No more than 90 days.

95
Q

What begins the trial process in Georgia?

A

The prosecution’s opening argument

The defense may give an opening statement after the prosecution or before evidence introduction.

96
Q

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

A

After the prosecution or before introduction of evidence

The defense can also give an opening statement following the prosecution’s presentation of evidence.

97
Q

What are the limitations on opening statements in Georgia?

A

Must be limited to expected proof by legally admissible evidence or lack of evidence

This ensures that arguments are based on what can be legally proven.

98
Q

What is the order of closing arguments in Georgia?

A
  1. Prosecution argues, 2. Defense argues, 3. Prosecution rebuts

The prosecution opens and concludes the argument to the jury.

99
Q

What is the right to trial by jury in Georgia?

A

There is a right to a jury trial for all criminal cases

This includes serious offenses where imprisonment for more than 6 months is authorized.

100
Q

What constitutes a serious offense in Georgia?

A

An offense where imprisonment for more than 6 months is authorized

Petty offenses do not have a constitutional right to a jury trial.

101
Q

How many jurors are required for serious offenses in Georgia?

A

At least 6 jurors are required

There is no constitutional right to a jury of 12.

102
Q

How many jurors are used in misdemeanor trials in Georgia?

A

6-person juries

Felony trials in Georgia use 12-person juries.

103
Q

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

A

12-person

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

104
Q

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

A

False

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

105
Q

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

A

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.

106
Q

What does the Double Jeopardy Clause prohibit?

A

Retrial for the same offense by the same sovereign.

107
Q

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

A

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

108
Q

Where must objections to jury instructions be made in Georgia?

A

Outside the presence of the jurors.

109
Q

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

A

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

110
Q

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

A

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

111
Q

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

A

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.

Crim Law/Procedure Georgia Distinctions (2 decks)

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