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GPSTC Exam 1- GA Criminal Law.
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GPSTC Exam 1- GA Criminal Law.
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GPSTC Exam 1- GA Criminal Law3 Origins of Law in today's legal system - correct answer-1. Constitutional Law
2. Statutory Law
3. Case Law
Constitutional Law (Basic Laws of a nation/state) - correct answer-the SUPREME law of the
land.
- defines the powers and duties of the government
- guarantees certain rights to the public
- Federal, local, and state courts are bound by U.S Constitution
** States can ADD, but CANNOT take away from U.S Constitution civil liberties.
*** Law Enforcement Officers are bound by this
Statutory Laws (State Laws) - correct answer-Written laws of states.
- ALL crimes are statutory in GA; has to be listed in book for it be a crime and enforceable
- Adjoining Statue: Statute Crimes with their listed punishments (No crime-No Punishment-
No Statute)
* Ex Post Facto Laws: laws written after the fact to punish an action that has already taken
place and not illegal at time of commission...
--> The Law must be enacted BEFORE alleged criminal act takes place
Local Ordiances (City/County statutes) - correct answer-Laws passed by city/county
- city ordinances bring in money to the CITY
- state/felony go to state courts, money goes to COUNTY
Case Law (Court Law) Federal & State Laws - correct answer-Case Law that is based upon
previous appellate court and are binding on lower court decisions (Precedent)
Purposes of Case Law:
1. Interpret the Constitution
2. Clarify Statutes
Federal: Applies varies on Circuit
State: always applicable
GA 11th Circuit and Federal/State Courts - correct answer-GA, AL, FL make up the 11th
Circuit of the Federal Appeals Court System.
@ State Level:
Superior Court: highest court in GA for trial
Anything below is a hearing (appeal) in Court of Appeals
@ Federal Level:
, 11 Federal District Courts
Northern District, Middle District, Southern District, and 11th Circuit Court of Appeals.
(Varies based on location)
Criminal Law - correct answer-- Violations against ALL people of Georgia
- Deals with criminal statutes (public wrongs)
________ VS. STATE OF GA
- Prosecution is Consequence
- Punishment is PURPOSE; to deter criminal behavior and to rehabilitate criminals
* Can be jailed for criminal wrong
* Proof Required: Beyond a reasonable doubt
Civil Law (Tort) - correct answer-- Noncriminal violations against another person
- Tort: civil wrong that comes from failure to obey a breach of contract/ fail to act
- Tort of Omission: when failure to act violates a legal duty owed to another person
ex: Walmart forgets to notify wet floors
- Redress is PURPOSE; to right a wrong
- Lawsuit, money compensation is Consequence
* Proof Required: preponderance of evidence
* You cannot be jailed for civil wrong
Civil Law/Criminal Law Officer ability - correct answer-If ONLY CIVIL, officers LACK the
authority to force a resolution to the dispute.
- they must stand-by, preserve peace, maintain order
** Court will DECIDE resolution
ex: Marriage disputes over property
24-4-3 Preponderance of Evidence - correct answer-In CIVIL cases, a preponderance of
evidence is considered sufficient to produce mental conviction
In CRIMINAL cases, a greater strength of mental conviction is needed to deem verdict guilty
16-2-1 CRIME - correct answer-- A violation of a statute of state
In order to be a crime:
1. Act or omission to act and intention (INTENT) OR 2. Criminal Negligence: failure to act
which demonstrates a willful, wanton, or reckless disregard for the safety of others who
might reasonably be expected to be injured
Elements of a Crime - correct answer-- basic facts that must be proven by the prosecution to
sustain a conviction
- have to be present and proven
16-1-5 Presumption of innocence and proof beyond reasonable doubt - correct
answer-EVERY person is seen INNOCENT until elements of the crime can prove otherwise
w/ reasonable doubt
- HAVE to have ACT and INTENT for it be a crime
- CANNOT be from natural disasters
- Criminal intent must exist to distinguish the crime from an accident or mistake of fact
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