Test 1. General Provisions Flashcards
Liability, Defenses to Criminal Prosecutionsinal Law Codes (39 cards)
§17-2-1 (Jurisdiction)
- Authority to Act
§17-2-2 (Venue)
- Where the trial takes place
> Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided by law.
§17-3-1 (Limitation of prosecutions)
When can the prosecution for a murder commence?
Anytime. There is no limitation
§17-3-1 (Limitation of prosecutions)
When will forceable felonies commence?
Anything punishable by death (not murder) shall be commenced within seven years after the commission of the crime.
§17-3-1 (Limitation of prosecutions)
What offenses may commence at any time when DNA evidence is used to establish the identity of the accused?
1) Armed Robbery
2) Kidnapping
3) Rape
4) Aggravated child molestation
5) Aggravated sodomy
6) Aggravated sexual battery
What does DNA stand for?
Deoxyribonucleic Acid
What is a misdemeanor?
A misdemeanor is a criminal act that is not a felony. Misdemeanors can be punished with up to 12 months in jail.
What is a felony?
A felony in Georgia is a serious crime that carries a sentence of more than a year and up to life in prison.
§17-3-1 (Limitation of prosecutions)
Prosecutions for misdemeanors shall be commenced within how many years after the commission of the crime?
Two Years
§17-3-2 (Periods Excluded from limitation)
What are the seven crimes that the applicable statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency?
1) Cruelty to children
2) Rape
3) Sodomy
4) Statutory Rape
5) Child Molestation
6) Enticing a child for indecent purposes
7) Incest
§16-1-3 (Definitions)
Define “Affirmative Defense”
An Affirmative Defense is a legal defense in which the defendant acknowledges the accusation but presents new evidence or arguments that, if proven, would reduce or eliminate their liability or responsibility.
“Yes, I did it, but…”
“No, I didn’t do it!” (Alibi)
§16-1-3 (Definitions)
Define “Forcible Felony”
Any felony that involves the use or threat of physical force or violence against any person
§16-1-3 (Definitions)
Define “Forcible misdemeanor”
Any misdemeanor which involves the use or threat of physical force or violence against any person
§16-1-3 (Definitions)
Define “Property”
Anything of value, including but not limited to real estate, tangible and intangible personal property, contract rights, and services..etc
§16-1-3 (Definitions)
Define “Without Authority”
Without legal right or privilege or permission of a person legally entitled to without the right.
§16-1-3 (Definitions)
Define “Reasonable Belief”
The person concerned, acting as a reasonable man, believes facts exist.
- Common sense
§16-1-4 (Code Governs Crimes)
No conduct constitutes a crime unless described in this title or another state statute.
§16-1-5 (Presumption of innocence and proof beyond a reasonable doubt)
Every person is presumed innocent until proven guilty. No person shall be convicted unless each element of such crime is proved beyond a reasonable doubt.
§16-1-6 (Included crime)
Explains that if someone is charged with a crime, they can also be convicted of a lesser offense that is part of the original crime, even if they weren’t charged explicitly with that lesser offense.
- For example, if a person is charged with aggravated assault, but the evidence suggests their actions only fit the definition of simple assault (a lesser crime), they can still be convicted of simple assault, as it is considered an included crime.
§16-1-7 (Multiple prosecutions for same conduct)
States that a person cannot be prosecuted more than once for the same conduct or event.
- In other words, if someone is already convicted or acquitted of a crime related to a particular set of actions, they cannot be tried again for that same crime or for another crime that is based on the same facts unless there are special circumstances.
§16-2-1 (Definition of crime; criminal negligence)
Define “Crime”
Explains that a crime is generally defined as an act or failure to act that violates the law and results in punishment.
§16-2-1 (Definition of crime; criminal negligence)
Define “Criminal Negligence”
Failure to act which demonstrates a willful, wanton, or reckless disregard for the provides for any criminal penalty.
(Someone fails to be aware of a substantial and unjustifiable risk that their actions could cause harm or danger)
§16-2-2 (Misfortune or accident not a crime)
A person shall not be found guilty or any crime by misfortune or accident where it satisfactorily appears there was not criminal scheme or undertaking, intention, or criminal negligence.
§16-2-3 (Presumption of sound mind and discretion)
Every person is presumed to be of sound mind and discretion but the Presumption may be rebutted.
