Exam (elaborations)
gpstc Criminal Law
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- Gpstc Criminal Law
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- Gpstc Criminal Law
Exam of 9 pages for the course gpstc Criminal Law at gpstc Criminal Law (gpstc Criminal Law)
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gpstc Criminal LawIs there attempted murder in GA? - correct answer-No
Jurisdiction O.C.G.A. 17-2-1 - correct answer-Our power to exert to the full extent of the law
because it is in our bounds (for law enforcement)
Venue O.C.G.A. 17-2-2 - correct answer-For the courts; Criminal action shall be tried in the
county where the crime was committed
Is there a statue of limitation for murder? - correct answer-No
Limitation of prosecution for a felony is how long? - correct answer-4 years
Prosecution for what offenses can commence at any time? - correct answer-When DNA
evidence is established to identify perpetrators in Armed Robbery, Kidnapping, Rape,
Aggravated Child Molestation, Aggravated Sodomy or Aggravated Sexual Battery
Prosecution for a misdemeanor shall be commenced within how much time? - correct
answer-2 years after the commission of a crime
Can a female be charged with rape in GA? - correct answer-No
What is the general purpose of title 16 crimes and offenses? - correct answer-Proportionate
punishments, give fair warning of the nature of the conduct forbidden and the sentence,
define which statues are crimes
Entrapment O.C.G.A. 16-3-25 - correct answer-Idea starts with law enforcement/officer,
government officer or employee. Undue persuasion, incitement, or deceitful means
Misfortune or accident not a crime - correct answer-Not to be found guilty if the crime was
committed by accident or no criminal negligence
Statutory Rape O.C.G.A. 16-6-3 - correct answer-Sexual intercourse with any person under
the age of 16,
Victim 14 but less than 16 years of age and the person convicted of statutory rape is 18
years of age or younger and is no more than four years older than the victim
Rape O.C.G.A. 16-6-1 - correct answer-(1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
25 years to life followed by probation for life
Murder O.C.G.A. 16-5-1 - correct answer-A person commits the offense of murder when he
unlawfully and with malice aforethought, either express or implied, causes the death of
another human being
, Malice Murder - correct answer-Malice shall be implied where no considerable provocation
appears and where all the circumstances of the killing show an abandoned and malignant
heart.
Murder 2nd degree - correct answer-A person commits the offense of murder in the second
degree when, in the commission of cruelty to children in the second degree, he or she
causes the death of another human being irrespective of malice.
Voluntary Manslaughter O.C.G.A. 16-5-2 - correct answer-Causes the death of another
human being under circumstances he acts solely as the result of a sudden, violent, and
irresistible passion.
One nor more than 20 years
Involuntary manslaughter O.C.G.A. 16-5-3 - correct answer-An unlawful act when he causes
the death of another human being without any intention.
One year nor more than ten years.
A lawful act in an unlawful manner when he causes the death of another human being
without any intention to do so.
Misdemeanor.
Reckless Conduct O.C.G.A. 16-5-60 - correct answer-Reckless conduct causing harm to or
endangering the bodily safety of another
not more than ten years
Conduct by HIV infected persons; STD or drugs
not less than five nor more than 20 years
Multiple prosecutions for same conduct - correct answer-Double jeopardy = protects people
from being charged twice for the same criminal act
Child Molestation O.C.G.A. 16-6-4 - correct answer-Does any immoral or indecent act to or
in the presence of or with any child under the age of 16 years with the intent to arouse or
satisfy the sexual desires of either the child or the person
not less than five nor more than 20 years (1st)
en years nor more than 30 years/Life (2nd)
Aggravated Child Molestation O.C.G.A. 16-6-4 - correct answer-Commits an offense of child
molestation which act physically injures the child or involves an act of sodomy.
25 years and not exceeding life imprisonment, followed by probation for life
Victim is at least 13 but less than 16 years of age, 18 years of age or younger and is no
more than four years older than the victim
Mental capacity - correct answer-A person cannot be deemed guilty if they cannot
understand what is right or wrong
romeo and juliet for statutory rape - correct answer-victim has to be 14-16 yrs old and perp
has to be 18 or no more than 4 years older than victim (misdemeanor)
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