Georgian Criminal Law;  Flashcards |  quizlet

The district where the offense was committed, the place where the trial will take place. If a crime is committed on or immediately adjacent to the boundary line between two counties, the crime is deemed to have been committed in one of the two counties. Both district courts could handle this case.Law Enforcement Limitations. (statute of limitations)When can a murder trial be initiated?Murder can start at any time.How long do you have to prosecute crimes punishable by death or life imprisonment?How long will you be prosecuted for the crime of violent rape?How long will you be prosecuted for offenses other than murder and rape?Within 4 years if the victim was over 18 at the time of the crime. Otherwise 7 years.How long do you have to be prosecuted for administrative offenses?Is defined as behavior of a person that may be legally justified. (Self-defense, defending a third party against unlawful force, use of force to defend a home, imprisonment, minimum age (13), mental ability.)A crime punishable by death, imprisonment for life, or imprisonment for more than 12 months.Any crime that involves the use or threat of physical violence or violence against any person.

Affirmative Defense:If you did something, but with good reason. (Self-defence, mental performance, etc.)Public place:Any place where it can reasonably be expected that the conduct in question will be viewed by others.offense:High and aggravated natural crime that is not a crime. (Sentencing is less than 12 months.)party to a crime:Any person involved in the commission of a crime is a party to the crime and may be charged and convicted of committing the crime.13:The minimum age to be found guilty of a crime in Georgia.NO.Can a person be found guilty of a crime if the person is unable to distinguish between right and wrong?NO.Can a person be found guilty of a crime if they were involuntarily drunk at the time of the offence?Inclusion:A person is not guilty of imprisonment if the conduct is prompted or requested by a government official or employee or agent for the purpose of gathering evidence.Criminal Attempt:Intending to commit a specific crime is any act that constitutes a significant step toward the commission of that crime.Murder:When someone causes death with malice (deliberately). (Implied=serial killer)felony murder:The act of a crime, regardless of intent, results in the death of another.What is the punishment for murder?Life imprisonment without parole, life imprisonment or the death penalty.Voluntary manslaughter:When someone causes the death of another human being solely by a sudden and premeditated death.Negligent homicide:When someone causes the death of another human being by committing an unlawful act that is not a criminal offense.Simple battery:Deliberately making physical contact with a person in an abusive or provocative manner, causing physical harm to another person. (no grades)Battery:Willfully causes significant physical harm or visible physical harm to another. (Black eye, scratches, etc.)Serious Bodily Injury:Maliciously inflicting bodily harm on another by depriving them of their body, disabling a member of their body, or severely disfiguring any part of their body. (Cut off arm, concussion etc.)Kidnapping:When a person abducts or abducts another person without legal authority or authority and holds them against their will. (movement involved.)False Detention:Violating the liberty of another by imprisoning or detaining such a person without legal authority. (No movement.)Hijacking of Motor Vehicles:When a person is in possession of a firearm or weapon and takes away a motor vehicle from him or her through coercion, violence or intimidation.Cruelty to children 1.:When a guardian or parent intentionally deprives the child of the necessary nutrition so that the health or well-being of the child is endangered.Cruelty to children 2.:When someone inflicts cruel or excessive physical or emotional pain on a child.Cruelty to children 3.:When the primary aggressor willfully allows a child to witness the commission of a violent crime, assault, or battery of family violence; or the knowledge that a child under the age of 18 is present, seeing or hearing the act of violent crime, assault or FVB.Rape:When a person forcibly and against their will has the carnal knowledge of a woman or a woman under 10 without coercion.Carnal Knowledge:Occurs with the slightest touch or penetration of the female genital organ by the male genital organ.sodomy:Sexual acts involving one person’s genitals and another’s mouth or anus.Aggravated sodomy:Occurs when the act of sodomy is done by force against the will of another person under the age of 10. (causes pain)Fornication with minors:Sexual intercourse with anyone under the age of 16 and not with a spouse.child abuse:Any immoral or indecent act towards or in the presence of a child under the age of 16 with the intention of arousing or satisfying the child’s or person’s sexual desire.Serious child abuse:Occurs when a person commits child abuse and physically harms the child or involves bestiality.Sexual Assault:Any type of sexual contact or conduct that occurs without the express consent of the recipient. (Having authority; prison guards, teachers, etc.)Sexual battery:Occurs when a person intentionally makes physical contact with the intimate parts of another person’s body without consent. (groping)Aggravated sexual battery:Occurs when a person intentionally enters with a foreign object without consent. (Penetration)Burglary 1.:Without authorization and with the intention of committing a crime, he stays in an occupied or unoccupied or vacant dwelling. (A house)Burglary 2nd:Entering and remaining in an occupied or unoccupied or vacant building without authorization and with intent to commit a crime or theft. (Save on computer)Smash & Grab:When an unauthorized person enters a retail store with intent to commit theft and causes more than $500 in damage without consent. (felony between 2 and 20 years and/or fine not exceeding $100,000)Criminal Trespassing:Occurs when an individual intentionally damages property without consent and the damage is $500 or less.Damage to property 1.:Trespassing on property in a way that endangers human life or through the use of force interferes with the operation of public communications systems, public transportation or other public utilities.Property damage 2nd order:Deliberate damage to another person’s property without their consent and over $500.Theft by take away:Occurs when a person unlawfully adopts or takes possession of another’s property.Theft by receiving stolen property:When a person receives, disposes of or retains stolen property that they know or should have known was stolen.Robbery:Occurs with intent to commit theft by directly injuring another’s property from the person or immediate presence of another through the use of force, intimidation, coercion, or fear of another. (sudden snap)Armed Robbery:Intending to commit a theft through the use of an obnoxious weapon or a replica, article or device appearing to be such a weapon. ($1500 or < is misdemeanor. $1500.01 or > is a crime.)Fake 1.:When someone creates, alters, possesses and DELIVERIES (utters) any writ or document (DO NOT VERIFY) without authority. /CrimeFake 2nd:If someone unauthorized creates, alters or possesses (DO NOT VERIFY) any writings or documents. /CrimeFake 3rd:Counterfeit check for $1500 or more than 10 counterfeit checks. /CrimeFake 4th:Counterfeit check less than $1500 or less than 20 counterfeit checks. /OffenceCriminal Negligence:Is an act or omission that constitutes willful, wanton or reckless disregard for the safety of others who could reasonably be expected to be injured thereby.Basic Attack:Occurs when someone attempts to commit violent injury or performs an act that gives another a reasonable fear of immediate violent injury. (Threat of Damage; Swing & Miss)Serious Bodily Injury:Occurs when someone attacks with the intent to murder, rape, or rob with a deadly weapon or with an object that is likely to cause or result in serious bodily harm. (make contact; strangle)Arson 1.:Occurs when a person commits the offense of arson or damaging a dwelling with explosives; Human life can be endangered.Arson 2nd:Occurs when a person commits the offense of arson or damaging a structure with explosives.arson 3.:Occurs when a person commits the offense of arson by fire or explosives and damages the personal property of another and is $25 or more.Elements of Rape:(F)orcible, (U)nlawful, (C)arnal, (K)knowledgeProbable cause:There is a reasonable assumption that the facts available to the officer would justify the action taken.