2011 GA - Criminal Law

Actus Reas
Mens Rea
Causation - but for/proximate
Concurrence

Insanity
Voluntary Intoxication
Infancy
Mistake
Self-defense
Necessity
Duress
Entrapment

A crime may be prosecuted in any state where:
1) an act that was part of the crime took place; or
2) the result took place.

Culpable acts can be either commissions or omissions

1) All bodily movements are physical acts that can be the basis for criminal liability provided they are voluntary
2) Involuntary movements that are not considered criminal "acts":
a. one that is not the product of the actors voilition (e.g. being pushed)
b. sleepwalking or otherwise unconscious conduct.
c. a reflex or convulsion

A failure can also be the basis for criminal liability, provided three requirements are satisfied.
1) There exists a legal duty, which can be created in five different ways
2) There exists knowledge of the facts giving rise to the duty, AND
3) There exists the ability to help

1) by statute (i.e. filing tax returns)
2) By Contract (i.e. babysitter)
3) By status relationship (parent to child or spouse to spouse)
4) By voluntary assumption of care (beginning rescue)
5) By creating the peril

1) Act (possession) - can be actual or constructive
2) Knowledge

Actual possession - Requires control for a period of time long enough to have an opportunity to terminate

Constructive possession requires - The contraband need not be in the defendant's actual possession, so long as it is close enough for him to exercise dominion and control over it.

Specific Intent
Malice
General Intent
Strict Liability

When the crime requires not just the desire to do the act, but also the desire to achieve a specific result

Assault
Premeditated Murder
Larceny
Embezzlement
False Pretenses
Robbery
Forgery
Burglary
Solicitation
Attempt
Conspiracy

When a D acts intentionally or with reckless disregard of an obvious or known risk

CL Malice Crimes: Murder/Arson

The defendant need only be generally aware of the factors constituting the crime; he need not intend a specific result (you can infer intent from the completion of the crime)

Examples
-Battery
-Rape
-False Imprisonment
-Kidnapping

When the crime requires simply doing the act; no mental state is needed

2 Types
1) Public welfare offenses (selling alcohol to a minor, contaminated food, corrupting morals of a minor)
2) Statutory Rape

5 Mental States
1) Purpose - when it is the D's conscious desire to accomplish a particular result
2) Knowledge - When the D is aware of what he is doing. Practically certain his actions will lead to a specific result
3) Recklessness - When the D is aware of a substantial and unjustifiable risk, and consciously disregards that risk.
4) Negligence - when the D should have been aware of a substantial and unjustifiable risk.
5) Strict Liability - Same as CL.

Principal - person who commits the act

Accomplice - person who aides or encourages the principal, with the specific intent that the crime be committed

Guilty of all crimes aided and abetted and all other foreseeable crimes.

Mere presence, mere knowledge does not equal accomplice

Victims can't be accomplices

An accomplice may be tried and convicted even if the principal is acquitted.

An accomplice can avoid criminal liability by withdrawing before the crime is committed. What he must do to withdraw depends on how he assisted

1) If encouraged - If only encouraged, then he can withdraw by discouraging before the crime is committed

2) Aider - If aided, accomplice must either neutralize the assistance or prevent the crime from happening.

@CL - To be guilty for after the fact, the D must help a principal who has committed a FELONY with KNOWLEDGE that the crime has been committed, AND with the INTENT to help the principal avoid conviction

MODERN TREND/GEORGIA - Now called "obstruction of justice" "harboring a fugitive" or "hindering prosecution"

Asking someone to commit a crime, with the intent that the crime to be committed. (asking is all that is needed)

Specific Intent

Merger - Merges with completed crimes, and attempts

Unlike conspiracy, attempt requires an overt act BEYOND MERE PREPARATION

@CL - Conduct that gets VERY CLOSE to the commission of a Crime

MPC/MAJ/GEORGIA - Conduct that constitutes a SUBSTANTIAL STEP that strongly corroborates the actor's criminal purpose.

Attempt is a specific intent crime, therefore you can't intend unintentional crimes. So, there are generally no versions of recklessness crimes, negligence crimes, felony murder.

Merges with completed Crimes

An agreement between two or more people to commit a crime, plus an overt act in furtherance of the crime. (agreement is the crime)

Overt act - any act, even if merely preparatory

Specific intent/no merger

Must at least be 2 guilty minds. - NO conspiracy if one is faking/NO conspiracy if all other co-conspirators are ACQUITTED (doesn't apply if others aren't charged)

WHARTON RULE - if a crime requires 2 or more to complete, must have one more than necessary to have a conspiracy

Pinkerton (vicarious) liability - co-conspirator guilty of crimes that were in furtherance of objective and were foreseeable. (withdrawal a defense to vicarious liability, but not conspiracy in general)

Requires agreement and OVERT ACT

Only need one guilty mind for conspiracy

In GEORGIA - Conspiracy merges (all merge)

In GEORGIA - no Impossibility (factual or legal) a defense.

Abandonment is a defense to attempt, provided the change of heart was COMPLETE and VOLUNTARY

A co-conspirator can be absolved of criminal responsibility for the crime of conspiracy itself if he withdraws before the occurrence of an overt act (so basically before all elements are met)

Larceny
Embezzlement
False Pretenses
Larceny by Trick
Robbery
Forgery

MPC and Georgia consolidate property times into one crime of theft. The seriousness of the crime is graded by the value.

Trespassory taking and carrying away the tangible personal property of another, with the intent to permanently retain the property.

Continuing trespass - applies at common law.

Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud.

Possession involves more than mere custody.

Obtaining title to the personal property of another by an intentional false statement, with the intent to defraud.

Includes: Obtaining title to money by selling fake items. Falsifying time cards also qualifies.

"false statement" must be of a past or present event. A future threat = blackmail/extortion.

If the defendant obtains only custody (not title) as a result of the intentional false statement.

Larceny + Assault.

The taking of personal property from another's person or presence by force or threat of immediate injury.

Drugging someone to take property would be robbery.

Making or altering a writing so that it is false with the intent to defraud.

The malicious burning of a building.

Burning = material wasting (scorching is not enough, charring may be.) It must be the building that burns, not the carpet.

At common law, it had to be a dwelling and not that of the arsonist. Hotel room counts.

Georgia has extended arson to all buildings and to the D's own property.

Breaking and entering the dwelling of another at night with he intent to commit a felony inside.

"Breaking" includes opening or enlarging an opening with minimal force, but not entering through an already open door or window.

There can also be constructive breaking, meaning entering through fraud, threats or intimidation.

Intent to commit a felony = specific intent crime.

Entering or REMAINING with in a BUILDING; with out AUTHORITY; and with the intent to commit a felony or THEFT therein.

No night time/dwelling/breaking requirement.

The unlawful confinement of a person w/o consent.

Confinement must be known by the victim.

If a means of escape exist, not FI, but the victim must be aware of means of escape.

Inconvenience is not FI.

False imprisonment that involves either moving the victim or concealing the victim in a secret place.

Sexual intercourse w/o the vic's consent accomplished by
1) force or
2) threat of force or
3) when the victim is unconscious

The unlawful application of force to another, resulting in either
1) bodily injury
2) offensive touching.

General Intent

Two Versions
1) Attempted battery (swing and a miss)
2) The intentional creation other than by mere words o fa reasonable fear in the mind of the victim of imminent bodily harm

Assault is Specific Intent

Aggravated Assault - assault perpetrated with a deadly weapon AND with the intent to
1) murder
2) rape
3) rob

Aggravated Battery - maliciously causing serious bodily harm to another.

Causing the death of another person with malice aforethought.

1) Intent to kill
2) Intent to inflict serious bodily injury
3) Extreme recklessness, meaning reckless indifference to human life or having an "abandoned or malignant heart"
4) Intentional commission of an inherently dangerous felony.

Use of deadly weapon raises an inference of an intent to kill

Transferred intent applies.

Must be guilty of the underlying inherently dangerous felony

Inherently Dangerous Felony = BARRK (Burglary, Assault, Rape, Robbery, Kidnapping)

Felony must be separate from the killing (i.e. agg. assault can't be the underlying felony)

Killing can be committed by a 3rd party during the commission of a felony

Victim can't be a co-felon

Any felony

GA doesn't recognize the underlying felony limitation. Can use agg assault.

Killing has to be done by a co-felon. 3rd party won't rise to felony murder.

No grading into first degree/second degree

All murder punishable by death or life in prison.

A person commits the crime of feticide when he or she causes the death of a fetus at any stage of development:
1) willfully through injury to the mother that would constitute murder if it were to result in the mother's death; OR
2) during the commission of a felony.

Life in Prison - punishment

An intentional killing committed in the heat of passion upon adequate provocation

To be adequate provocation there are 4 requirements:
1) The provocation must be objectively adequate, which means it would arouse a sudden intense passion in the mind of a reasonable person (i.e. serious assault or battery; presently witnessed adultery - does not have to be sex?)
2) The defendant was actually provoked
3) The D did not have time to cool off
4) The defendant did not actually cool off between provocation and killing

1) A killing committed with criminal negligence (gross deviation from a reasonable standard of care) OR
2) A killing committed during the commission of misdemeanor or a felony that does not qualify for felony murder.

In GA, the second type is known as unlawful act, involuntary manslaughter.

1st) D must have a mental disease or defect

2nd) D must prove either
(a) Did not know that his act was WRONG, OR
(b) Did not understand the nature of his act.

1st) D must have a mental disease or defect

2nd) If the D either:
(a) was unable to CONTROL his actions, OR
(b) was unable to CONFORM his conduct to the law.

1st) D must have a mental disease or defect

2nd) If the D lacked the SUBSTANTIAL CAPACITY to either
(a) appreciate the CRIMINALITY of his conduct, OR
(b) to CONFORM his conduct to the requirements of law.

cognitive and volitional components.

1st) D must have a mental disease or defect

2nd) Two bases for acquittal:
(a) D did not know his act was WRONG; or
(b) D was operating under a "delusional compulsion" that OVERCAME HIS WILL to resist committing the crime.

ONLY FOR SPECIFIC INTENT CRIMES

But not if you formed the intent before getting intoxicated

Requires severe "prostration of the faculties" that hte defendant cannot form the requisite intent

Very limited defense.

Requires "more than a temporary alteration of brain function" so as to negate criminal intent.

Rule of Sevens

If under 7 prosecution not allowed

If 7-14 rebuttable presumption against prosecution

Over 14 prosecution allowed.

Most states have abolished the rule of 7s.

GEORGIA - to be found guilty of a crime, a person must be at least 13 at the time of the relevant conduct.

Whether a D's mistake of fact will be a defense depends upon the mental state for the crime and whether the mistake is reasonable or unreasonable.

Therefore, a reasonable mistake will be a defense to any crime, except a crime of strict liability.

An unreasonable mistake will be a defense only to specific intent crimes.

Mistake of law is generally not a defense

Exception - If the statute specifically makes knowledge of the law an element of the crime.

A D may use nondeadly force in self-defense if it is
1) reasonably necessary
2) to protect against an immediate use
3) of unlawful force against himself.

A D may use deadly force in self-defense, if he is facing an imminent threat of death or serious bodily injury.

A D may not use deadly force if he is the initial aggressor. But, the initial aggressor can regain his right to use deadly force in self-defense if: either
1) He withdraws from the fight and communicates that withdrawal to the other person; OR
2) the victim suddenly escalates the non-deadly fight into a deadly one.

In some states, a D is required to retreat before using deadly force in self-defense:

-Majority/GEORGIA - retreat is not required.

-Minority - Retreat is required, unless: 1) D cannot retreat in complete safety, OR 2) D is in his home.

If the D reasonably believed that the conduct was necessary to prevent a greater harm.

Not to homicide

It is a defense if the D was forced to commit a crime because of a threat, from another person, of imminent death or serious bodily injury to himself or to a close family member

Not a defense to homicide.

NOTE - Re: Felony murder. A defense to the underlying felony means no felony murder.

Limited

Only works if
1) the criminal design originated with the government, and
2) the D was not predisposed to commit the crime.