CRIM. LAW

Question 1

Express Malice

Answer 1

A deliberate intention to take the life of another, manifested by external circumstances.

Knowing that one’s actions will kill or cause grievous bodily harm.

Question 2

Implied Malice

Answer 2

When there is no provocation and the circumstances of a killing show an “abandoned or malignant heart”.

Extreme recklessness or criminal negligence.

Question 3

Murder Definition

Answer 3

Unlawful killing of another with malice aforethought (implied or express).

Question 4

Second Degree Murder

Answer 4

Causing the death of another, irrespective of malice, during the commission of second degree cruelty to children.

Penalty = 10-30 years.

Question 5

Felony Murder

Answer 5

Causing the death of another during the commission of an inherently dangerous felony, irrespective of malice.

∆ is liable for any death, including those of bystanders or co-felons, if it was a direct consequence/proximate cause of the felony.

Question 6

Felony Murder Merger

Answer 6

If a death occurs during the commission of more than one inherently dangerous felony, the felony with the harshest penalty will be merged with murder.

If ∆ is convicted of malice murder and felony murder, the ∆ will be sentences for the malice murder and the predicate felony (not murder twice).

Question 7

Difference between specific intent and general intent crimes

Answer 7

General intent only requires that the ∆ intended to do the act, not the outcome.

Specific intent requires the ∆ to have intended the act and have had knowledge that the act would result in the unlawful harm. Negated by voluntary intoxication or honest mistake of fact.

Question 8

Specific Intent Crimes

Answer 8

Premeditated Murder
Robbery/Bribery
Conspiracy
Solicitation
Embezzlement
Forgery
Larceny
False Pretenses
Child Molestation
Attempt

Question 9

Voluntary Intoxication

Answer 9

Not a defense to any crime in Georgia. May be used to negate specific intent if it altered brain function to the extent of negating intent.

Question 10

Voluntary Manslaughter

Answer 10

“Heat of Passion” Killing.

Must have had adequate objective provocation, such that a reasonable person would have lost control, and subjective provocation, that the ∆ was actually provoked and did not have time to “cool off” in between the provocation and the killing.

Question 11

Involuntary Manslaughter

Answer 11

Unintentional killing of another by either a
1. Non-felony unlawful act that proximately causes the victim’s death; or
2. A lawful act performed in an unlawful way, likely to cause death or bodily harm.

(Misdemeanor murder and criminal negligence murder)

Question 12

Feticide

Answer 12

Willfully causing the death of an unborn child by (a) causing injury to the mother that would be murder if the mother had died, or (b) causing death of the newborn during the commission of a felony.

Does not include abortion or medical treatment.

Question 13

Felony Murder Felonies

Answer 13

Must be inherently dangerous. BAARRK.

Burglary
Aggravated assault if with malice
Arson
Robbery
Rape
Kidnapping

Death must have been a “foreseeable outgrowth” of the felony, and must have been during the commission of the felony.

Commission of a felony begins at the point in which the ∆ could be charged with attempt and ends when the ∆ reaches a point of temporary safety.

Question 14

Co-Felon Liability for Felony Murder

Answer 14

Whenever one felon dies as a proximate result of a felony, all co-felons are liable for felony murder.

Question 15

Simple Battery

Answer 15

Intentionally causing physical harm to another or intentionally making physical contact in a provoking or offensive manner.

Misdemeanor.

Question 16

Battery

Answer 16

Intentionally causing substantial physical harm or visible bodily harm to another.

“Visible bodily harm” = bodily harm capable of being perceived by a person other than the victim.

Examples: black eye, swollen lips, substantial bruising.

Misdemeanor, but can become a felony if committed three times against the same victim.

Question 17

Aggravated Battery

Answer 17

Intentionally and maliciously causing bodily harm to another in the form of depriving a person of a body part, rendering a body part useless, or seriously disfiguring another.
Felony.

Minimum of one year in prison, maximum of 20.

Minimum punishment can be increased if battery was committed on public transit or on a public safety officer, a person 65+, family member, or school personnel.

Question 18

Defenses to Battery

Answer 18

Consent; defense of self, others, or property, if proportional force was used.

Question 19

Simple Assault

Answer 19

Attempting to inflict a violent injury or placing another in reasonable apprehension of immediate violent injury.

Misdemeanor.

Question 20

Aggravated Assault

Answer 20

Assault with —
(a) the intent to murder/rape/rob;
(b) a deadly weapon;
(c) an object likely to strangle; or
(d) shooting from a car at a person.

Felony. Minimum one year and maximum 20 years.

Minimum punishment can be increased if battery was committed on public transit or on a public safety officer, a person 65+, family member, or school/court personnel, etc.

Question 21

Kidnapping

Answer 21

Abduction of another without lawful authority and holding them against their will.

Any slight movement is sufficient to constitute abduction, even concealment, however, the movement cannot be incidental to another crime.

Victim over 14 → 10-20 years.

Victim under 14 → 25-life.

Victim held for ransom or injured → life.

Does not merge with any other crime; stands alone.

Question 22

False Imprisonment

Answer 22

Intentional confinement or detainment of another in violation of their personal liberties.

Minimum 1 year, maximum 10.

Question 23

Reckless Conduct

Answer 23

Engagement in reckless conduct that causes harm or endangers the bodily safety of another, including the conscious disregard for the high risk of harm to another.

Includes knowingly engaging in sexual conduct or use of needles with another without disclosing HIV+ status.

Misdemeanor.

Question 24

Rape

Answer 24

Having carnal knowledge/sexual intercourse of/with a female against her will or a female under 10.

“Intercourse” = any penetration.

Being married ≠ a defense.

Mere testimony is sufficient to convict.

Question 25

Statutory Rape

Answer 25

Sexual intercourse with anyone under 16 who is not a spouse.

Testimony alone is not sufficient to convict, must have corroborating evidence.
If the ∆ is under 21, 1-20 years.
If the ∆ is over 21, 10-20 years.

If the victim is 14-16 years old and the ∆ is under 18, it is a misdemeanor.

Question 26

Theft

Answer 26

Unlawfully taking or appropriation of the property of another with the intent to deprive (permanently or temporarily).

If the value is less than $1,500, it is a misdemeanor.
If the value is more than $1,500, it is a felony.

“Taking” = taking control over the property in a way that deprives its rightful owner of the property’s use and/or enjoyment.

Question 27

Theft by Deception

Answer 27

Obtaining property by deceitful means or artful practice with the intent to deprive.

“Deceitful means” includes lying, failing to correct, or failing to disclose, but NOT exaggerations.

Question 28

Theft by Conversion

Answer 28

Lawfully obtaining funds or property and then knowingly converting to one’s own use. (Embezzlement)

Question 29

Theft Defenses

Answer 29

∆ is not criminally liable for theft if (a) ∆ is unaware that the property belonged to someone else (no specific intent); or (b) ∆ acted under and honest claim of right that the property was theirs.

Question 30

Robbery

Answer 30

“Georgia defines robbery as the taking and carrying away of the property of another from his person or the area within his immediate control, by force or threat of force, by putting the victim in fear of immediate bodily injury.”

Taking the property of another with the intent to commit theft, by use of force, intimidation, or sudden snatching.

Must be taken from a person or their presence.

1-20 years imprisonment.

Question 31

Burglary First Degree

Answer 31

Entering or remaining in the dwelling of another without authority and with the intent to commit a felony therein.

“Dwelling” = any building or structure designed for occupancy or residential use.

Felony; 1-20 years imprisonment.

Question 32

Burglary Second Degree

Answer 32

Entering or remaining within a non-residential, non-dwelling building without authority and with the intent to commit a felony therein.

Felony; 1-5 years imprisonment.

Question 33

Conspiracy

Answer 33

An agreement with one or more person to commit a crime + an overt act in furtherance of the agreement.

Must have specific intent to commit the target offense; “crossing the line from thinking into active preparation”.

∆ can be convicted even if their co-conspirator is acquitted due to the unilateral agreement.

Penalty is based on the target offense.

Question 34

Pinkerton Doctrine/Co-Conspirator Liability

Answer 34

Every co-conspirator is liable for the crimes of all other co-conspirators when they are:
(a) a “foreseeable outgrowth” of the conspiracy; and
(b) committed in furtherance of the conspiratorial goal.

Question 35

Withdrawal as a Defense to Conspiracy

Answer 35

A co-conspirator may be relieved from criminal liability if they prove that they withdrew their agreement before the initial overt act and gave notice to all co-conspirators.

Question 36

Attempt

Answer 36

Committing a “substantial step” towards the commission of a target offense with the specific intent to commit that offense.

Impossibility ≠ a defense.

Voluntary and complete abandonment/renunciation = defense.

The charge of attempt merges with the crime if completed.

Question 37

Defense of Attempt

Answer 37

Complete and voluntary renunciation of ∆’s criminal purpose.

Not just postponing or stopping to avoid detection — only a complete and total renunciation will bar criminal liability.

Question 38

Solicitation

Answer 38

Soliciting, requesting, or demanding another to commit a crime with the specific intent for that person to engage in a felony.

The crime of solicitation is complete at the time that it is made (cannot withdraw).

The solicitee does not have to actually commit the crime solicited, or even be capable of committing.

If the solicitee does commit the crime solicited, the charge merges with thar crime and the ∆ becomes an accomplice.

Question 39

Accomplice Liability

Answer 39

A ∆ can be criminally liable for a crime they did not personally commit if they aid or abet in its commission, or intentionally encourages, hires, advises, etc. another to commit the crime.

Once found to be an accomplice, ∆ is then liable to the extent of the principal for all natural /probable consequences of the accomplice’s conduct.

Presence alone cannot constitute criminal intent. However, presence, companionship, and conduct both before and after commission can be sued to determine criminal intent.

Question 40

Insanity

Answer 40

∆ will not be found guilty of a crime if, at the time of commission, they could not distinguish right from wrong.

∆ will not be found guilty of a crime if they were acting on a delusional compulsion as a result of mental illness which overpowered their will to resist committing the crime. (The delusion, if true, must have justified ∆’s act)

∆ has the burden of proof by a preponderance of the evidence.

Question 41

Duress/”Coercion” In Georgia

Answer 41

∆ is not criminally liable if they performed under such coercion that ∆ reasonably believed that committing the crime was the only way to prevent ∆’s imminent death or great bodily injury.

Question 42

Self-Defense, in General

Answer 42

∆ is justified in the use or threat of force when
- A reasonable amount of force was used, and
- ∆ reasonably believed it was necessary to protect themselves or others against imminent unlawful force.

The use of deadly force in self-defense is only justified to protect against a proportional use of deadly force.

NOT applicable if ∆ was the first aggressor. (Unclean hands)

Retreat is not required in GA.

Question 43

Defense of Property

Answer 43

If the property is a residence/dwelling, ∆ is justified in using reasonable force to protect the property and themselves. Deadly force will only be justified if it was a forcible entry and ∆ has reason to believe that the intruder is there to commit a felony or assault.

If the property is not a residence/dwelling, the use of force is only justified to the extent necessary to end the trespass and protect property.

Question 44

Duty to Retreat/”Stand Your Ground”

Answer 44

There is no duty to retreat before the use of force in protection of self, others, or property.

Question 45

Entrapment

Answer 45

To assert entrapment as a defense, the idea to commit the crime must have originated from the government agent, who then induced/enticed ∆ to commit the act.

AKA, ∆ would not have committed the act but for the inducement by the government.

Question 46

Accessory After the Fact

Answer 46

At common law, an accessory who knows of the commission of a felony and aids the felon in order to hide their commission is an accessory after the fact.

In Georgia, anyone “concerned in the commission of a crime” may be charged with the commission of that crime.

Question 47

Location of Indictment

Answer 47

In Georgia, a defendant is subject to indictment either where the crime occurred or where some significant act of the crime was perpetrated.