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Flashcards in Criminal Law Distinctions Deck (108)
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1

Under Georgia law, does conspiracy​ merge into completed offenses?

Conspiracy does merge into a completed crime.

2

Under Georgia law, what are the elements of kidnapping?

Kiddnapping occurs when someone

  1. abducts or steals away another person without lawful authority, and
  2. holds the person against his or her will.

The victim must be moved, but the act is not kidnapping if the movement is "merely incidental" to the commission of another offense.

3

Under Georgia law, what are the elements of subordination of perjury?

Subordination of perjury is a seperate offense committed when one persuads or induces another to commit perjury.

4

Under Georgia law, what is the punishment for home invasion?

  • Second degree home invasion's punishment is five to twenty years of imprisonment and a fine of up to $100,000.
  • First degree home invasion's punishment is life in prison or ten to twenty years of imprisonment and up a fine of up to $100,000.

5

Under Georgia law, may a victims testimony alone support a conviction?

Yes.

6

Under Georgia law, when may a corporation be held vicariously liable for its employee's criminal actions?

Georgia will prosecute a corporation when the statute clearly indicates a legislative purpose to impose liability on a corporation, and an agent of the corporation performs the conduct that is an element of the crime while acting within the scope of his employment and on behalf of the corporation. Georgia will also prosecute a corporation when the crime is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a managerial official acting within the scope of his employment on behalf of the corporation. O.C.G.A. § 16-2-22.

7

Under Georgia law, what are the elements for Theft by Conversion?

Theft by Conversion—embezzlement under the common-law—occurs when a person lawfully obtains funds or other property and knowingly converts the funds or property to his or her own use in violation of an agreement or legal obligation.

Personal property must have a replacement cost of more than $ 100.

8

Under Georgia law, when does the "merger" doctrine apply with a felony-murder charge?

If the defendant was involved in the commission of multiple felonies and it is not clear what felony underlies the felony murder, the felony with the harshest potential punihsment is merged with the murder conviction.

9

Under Georgia law, what type of construct may a "structure designed for use as a dwelling" include?

Buildings, vehicles, railroad cars, watercraft, and aircraft.

10

Under Georgia law, what are the elements of bribery as it pertains to the non-government agent?

Bribery is a felony.

A defendant is guilty of bribery if he or she:

  • gives or offers
  • to anyone acting for or on behalf of the state, any political subdivision, or any agency of either,
  • any benefit, reward, or consideration
  • to which he or she is not entitled
  • with the purpose of influencing him or her in the performance of any act related to his or her office or employment.

11

Under Georgia law, what are the elements for Lost or Mislaid Property?

A finder who comes into control of property that he knows was lost or mislaid and who appropriates the property to his own use without first trying to find the owner commits the crime of theft of lostor mislaid property.

12

Under Georgia law, when under what circumstnaces may a defendant be charged with a "felony murder"?

In Georgia, any felony that is inherently dangerous or creates a foreseeable risk of death will support a felony-murder conviction. THe perpetrator need not act with malice.

13

Under Georgia law, what are the elements of thefty by receiving?

A person commits the crime of teft by recieing when he or she

  • receives, disposes of, or retains stolen property,
  • that he or she knows or should know was stolen,
  • unless the property is received, disposed of, or retained with the intent to restore it to the owner.

14

Under Georgia law, what are the elements of illegal remuneration of judges and law enforcement officials​?

It is illegal for a judge, prosecuting attorney, investigating officer, or law enforcement officer who is a witness in a case to recieve or agree to receive remuneration for

  • publishinging a book or article,
  • making a public appearance, or
  • participating in any commercial activity concerning the case during the time between indictment and the completion of direct appeal

in any criminal case that the judge, prosecuting officer, or law enforcment officer is involved.

15

Under Georgia law, what evidence can be used to infer intent?

Georgia courts may infer intent based on words, conduct, demeanor, motive, and all other circumstances connected with the act. O.C.G.A. § 16-2-6.

16

Under Georgia law, what are the elements of second-degree burglary?

Second degree burglary requires the defendant to

  • enter or remain in a structure not designed for use as a dwelling
  • with the intent to commit a felony or theft therein
  • regardless of whether the structure is occupied at the time. 

17

Under Georgia law, what is the scope of "depriving" regarding the crime of theft?

Depriving includes withholding proeprty permanently or temporarily, or disposing of the property so as to make it unlikely the owner will recover it.

18

Under Georgia law, what is defenses to use of force?

 A person can threaten or use force only when he or she reasonably believes it is necessary to defend himself or herself or a third person against the imminent use of unlawful force. This force can only be to the extent he or she reasonably believes is necessary.

19

Under Georgia law, does feticide apply to abortion?

No. The statute does not apply to an abotion if the pregnant woman—or a person authorized by law to act on her behalf—consents or if consent is implied by law. It also does not allow prosecution for meidcal treatment of the pregnant woman or her unborn child.

20

Under Georgia law, when does a "theft" occur?

Theft occurs when a person unlawfully takes property or, if the property is lawfully in her possession, appropriates another's property with the intent to deprive him of the property, regardless of the manner in whicht he property is taken or appropriated.

21

Under Georgia law, what are the elements of keeping a place of prostitution?

Keeping a place of prostitution is a felony if it involves the conduct of a minor between the ages of sixteen and eighteen.

22

Under Georgia law, what is the necessary intent for murder charge?

Malice can be either express or implied. Express malice is the deliberate intention to take the life of another person that is manifested by external circumstances capable of proof. Implied malice occurs when no considerable provocation is apparent and all the circumstnaces of the killing show an abandoned and malignant heart.

23

Under Georgia law, what are the elements of theft by extortion​?

In Georgia, teft by extortion requires the accused actually obtain the property of or from another by theft. The treat can be to:

  • Physically injure someone
  • Commit another crime
  • Accuse someone of committing a crime
  • Spread information that tends to subject a person to hatred, contempt, or ridicule or to impair his credit or business repute
  • Take action (or fail to) as a public offical
  • Cause a public official to act (or not act)
  • Cause or continue a strike, boycott, or another collective unofficial action if the proeprty is not demanded or received for the benefit of the group in whose interest the actor purports to act
  • Testify or provide information, or withhold testimony or information, about another's legal claim or defense.

24

Under Georgia law, what is the punishment for attempt​?

In Georgia, a defendant who attempts to commit a felony must be punished by imprisonment for at least one year, but no more than one-half the maximum period of time for which she could have been sentenced if convicted of the attempted crime. The defendant can also be fined one-half the maximum fine to which she could have been subjected to if convicted of the attempted crime.

If the attempted offense was a misdemeanor, the defendant is subject to the punishment prescribed for that misdemeanor.

If the crime is punishable by death or life in prison, the defendant can be punished by imprisonment from one to 30 years.

25

Under Georgia law, what are the elements of third-degree arson?

Third degree arson occurs when the property that is damaged is personal property with a value of $25 or more.

26

Under Georgia law, what is the retreat doctrine?

In Georgia, a person engaged in self-defense or defense of property has no legal duty to retreat before using force, including deadly force.

27

Under Georgia law, what are the elements of first-degree home invasion​?

First degree home invasion occurs when a person, without authority and with the intent to commit a forcible felony, enters the dwelling of another while in possession of a deadly weapon and while a person authorized to be in the dwelling is present.

28

Under Georgia law, is abandonment an affirmative defense​?

Georgia recognizes voluntary and complete abandonment as an affirmative defense.

Abandonment is not voluntary and complete if the defendat

  • believes circumstance exist that increase the probablity of detection or apprehension or that render more difficult the accomplishment of the crime, or
  • decides to postpone the criminal conduct until a later time.

29

Under Georgia law, what are lesser included offenses​?

A crime is a lesser-included offense if it is established by proof of

  • the same or fewer than all the facts,
  • less culpable mental state than is required to establish the commission of the crime charged, or
  • if it differes from the crime charged only with regard to a less serious injury or risk of injury to the same person, property, or public interest.

30

Under Georgia law, when does armed robbery​ occur?

Armed robbery occurs when, with the intent to commit theft, a person takes another's property from her person or her immediate precense by using a weapon or devicse that appears to be a weapon.