Overview of Criminal Law

Question 1

Essential Elements of a Crime

Answer 1

1) Act Requirement
2) Mental State (mens rea)
3) Causation
4) Concurrence

Question 2

Two Categories of Crimes

Answer 2

1) Crimes against the person
2) Property Crimes

Question 3

Liability of Parties to a Crime

Answer 3

1) Accomplice Liability
2) Enterprise Liability

Question 4

Inchoate Offenses

Answer 4

1) Solicitation
2) Conspiracy
3) Attempt

Question 5

Defenses

Answer 5

1) Insanity
2) Voluntary Intoxication
3) Infancy
4) Mistake
5) Self-Defense
6) Necessity
7) Duress
8) Entrapment

Question 6

Jurisdiction over a crime

Answer 6

Generally, a state has jurisdiction over a crime if:
1) any act constituting an element of the offense was committed in the state
2) an act outside the state caused a result in the state
3) the crime involved neglect of a duty imposed by the law of the state
4) there was an attempt or conspiracy outside the state plus an act inside the state
5) there was an attempt or conspiracy inside the state to commit an offense outside the state

Question 7

GA Jurisdiction for Crimes

Answer 7

a person is subject to prosecution in GA for a crime they commit, while either in or out of the state, by their own conduct or that of another for which the person is legally accountable, if:

1) the crime is committed either wholly or partly within GA;
2) the conduct outside GA constitutes an attempt to commit a crime within GA; or
3) the conduct within GA constitutes an attempt to commit in another state a crime under the laws of GA and the other state

NOTE – If the body of a homicide victim is found in GA, the death is presumed to have occurred in GA

Question 8

Burden of Proof in Criminal Cases

Answer 8

In a criminal case, the prosecution must prove each element of the crime beyond a reasonable doubt.

Juries cannot be instructed to presume that the required mental state for the crime exists if they find the defendant commit the acts necessary to establish that offense.

Question 9

Felonies v. Misdemeanors

Answer 9

Felonies are generally punishable by death or imprisonment for more than one year.

Misdemeanors are crimes punishable by a fine or imprisonment for no than one year.

Question 10

Merger

Answer 10

AT COMMON LAW – if a person engaged in conduct constituting both a felony and misdemeanor, they could be convicted only of the felony (misdemeanor merged)

MODERN LAW – generally there is no merger of crimes (except for solicitation and attempt)

NOTE – Conspiracy does not merge for MBE purposes

Question 11

GA Merger

Answer 11

In GA, conspiracy is treated like solicitation and attempt – it merges into the completed crime

Additionally, conspiracy merges into a conviction for attempt