Criminal Law and Offenses Flashcards

Vocabulary practice flashcards covering basic criminal law concepts, statutory elements of state and federal offenses, self-defense doctrines, and affirmative defenses based on the lecture notes.

Criminal Case

A legal proceeding brought by the District Attorney on behalf of the State that seeks to punish an offender.

Civil Case

A legal proceeding brought by a private individual that seeks money damages.

Burden of Proof (Criminal Case)

Beyond a Reasonable Doubt.

Burden of Proof (Civil Case)

By a preponderance of the evidence.

Mens Rea

Intent, which serves as the first element of every crime.

Crime

A violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.

Presumption of Intent

The rebuttable legal presumption that a person of sound mind and discretion intends the natural and probable consequences of his acts.

Parties to a Crime

Directly commit the crime

Intentionally cause another to commit the crime

Intentionally aids or abets the commission of the crime

Advises, encourages, or enables another to commit the crime

Prosecution of Parties Not Directly Committing Crime

Provision allowing a party to a crime who did not directly commit it to be indicted, tried, convicted, and punished even if the direct actor has not been prosecuted, convicted, is not amenable to justice, or was acquitted.

Malice Murder (GA. Code 16-5-1)

An offense committed when a person unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

Express Malice

The deliberate intent to kill doesn’t matter who it is

Implied Malice

All circumstances of the killing show an abandoned and malignant heart.

Felony Murder (GA. Code 16-5-1)

A person commits the offense of murder when in the commission of a felony, they cause the death of another human, irrespective of malice

Voluntary Manslaughter (GA. Code 16-5-2)

• Causes the death of another

• Acts solely as a result of a sudden, violent, or irresistible passion

• Resulting from serious provocation

• Sufficient to excite such passion in a reasonable

Provocation Interval Rule (GA. Code 16-5-2)

If an interval between provocation and killing is sufficient for the voice of reason and humanity to be heard, the killing is attributed to deliberate revenge and punished as murder.

Involuntary Manslaughter (GA. Code 16-5-3)

• causes the death of another

• without any intention

• un

Assault

An attempt to commit a violent injury OR committing an act which places another in reasonable apprehension of immediately receiving a violent injury.

Aggravated Assault

Assault committed with intent to murder, rape, or rob, OR with a deadly weapon, device likely to cause serious bodily injury, or strangulation (punishable by 1-20 years).

Aggravated Battery

Maliciously causing bodily harm to another by depriving him of a member of his body, rendering it useless, or seriously disfiguring his body (punishable by 1-20 years).

Kidnapping

Abducting or stealing away another (asportation) without lawful authority or warrant, holding such person against her will (punishable by 1-20 years; life imprisonment if bodily injury occurs).

Rape

Carnal knowledge of a female forcibly and against her will (punishable by 25 years to Life).

Child Molestation

Any immoral or indecent act to or in the presence of a minor child with intent to arouse the sexual desires of the person (punishable by 5 to 20 years).

Burglary in the First Degree

Entering or remaining within an occupied, unoccupied, or vacant dwelling house or dwelling structure of another without authority and with intent to commit a felony or theft (punishable by 1-20 years).

Burglary in the Second Degree

Entering or remaining within a non-dwelling structure of another without authority with intent to commit a felony or theft (punishable by 1-5 years).

Robbery

Taking property of another from the person or immediate presence of another with intent to commit theft, by force, intimidation, or sudden snatching.

Armed Robbery

Taking property of another from the person or immediate presence of another with intent to commit theft, by use of an offensive weapon or device having the appearance of a weapon (punishable by 10 to 20 years, or Life).

Theft by Taking

Unlawfully taking or unlawfully appropriating property of another with the intention of depriving the owner of the property.

Self Defense (GA. Code 16-3-21)

Justification for threatening or using force when a person reasonably believes that such threat or force is necessary to defend self or a third person against another's imminent use of unlawful force.

Deadly Force Justification

Use of force intended or likely to cause death or great bodily harm, justified only if a person reasonably believes it is necessary to prevent death, great bodily injury, or a forcible felony.

No Duty to Retreat

The right to stand one's ground and use force (including deadly force) without a duty to retreat when acting in accordance with codes for defense of self/others, habitation, or property.

Involuntary Intoxication (GA. Code 16-3-4)

Intoxication caused by consumption through excusable ignorance or coercion/fraud/artifice/contrivance, providing a defense if the person lacked mental capacity to distinguish right from wrong.

Voluntary Intoxication

Intoxication that shall not be an excuse for any criminal act or omission.

Insanity (GA. Code 16-3-2)

A defense where a person did not have the mental capacity to distinguish between right and wrong at the time of the act, omission, or negligence.

Competency to Stand Trial

An evaluation of a person's mental state at the time of trial or plea, distinct from insanity at the time of the act.

Delusional Compulsion (GA. Code 16-3-3)

A defense where a mental disease, injury, or congenital deficiency causes a delusional compulsion as to an act that overmasters the person's will to resist committing the crime.

Conspiracy (GA. Code 16-4-8)

An offense committed when a person conspires with one or more persons to commit any crime and any one or more of such persons does an overt act to effect the object of the conspiracy.

Criminal Attempt (GA Code 16-4-1)

An offense committed when a person, with intent to commit a specific crime, performs any act which constitutes a substantial step toward the commission of that crime.

Wire Fraud (18 USC 1343)

A federal crime involving a scheme or artifice to defraud or obtain money or property through false and fraudulent misrepresentations by wire communications in interstate commerce.

Mail Fraud (18 USC 1341)

A federal crime involving a scheme to defraud or obtain money or property through false or fraudulent misrepresentations by use of the mail.

18 USC 241

Federal Civil Rights Criminal Offense prohibiting Conspiracy against Rights secured by the Constitution or laws of the United States, punishable by up to 10 years in prison.