Georgia Law School 1L Study Guide for Criminal Law
I. Principles of Criminal Liability
A. Actus Reus (Guilty Act)
– Definition: A voluntary act that causes a social harm.
– Importance: Must be proven that the defendant committed a voluntary act which constitutes the criminal offense.
– Georgia Specific: O.C.G.A § 16-2-1 states that a crime is a violation of a statute of this state in which there is a joint operation of an act or omission to act.
B. Mens Rea (Guilty Mind)
– Definition: The mental state that the prosecution must prove the defendant possessed when committing the offense.
– Levels of Mens Rea: Purpose, Knowledge, Recklessness, and Negligence.
– Georgia Specific: Georgia Code typically follows the Model Penal Code’s approach to mens rea but with some distinctions in terms and definitions.
C. Strict Liability Crimes
– Definition: Crimes that do not require a mens rea component for a conviction.
– Examples: Statutory rape, traffic offenses.
– Georgia Specific: The Georgia Supreme Court has upheld strict liability offenses, such as statutory rape (O.C.G.A § 16-6-3).
D. Causation
– Definition: The legal process to determine whether the defendant’s conduct resulted in the harm.
– Types: Factual causation (but-for test) and proximate causation (legal or foreseeable cause).
– Georgia Specific: Georgia law requires both factual and proximate causation to be established for liability.
II. Homicide
A. Murder
– Definition: The unlawful killing of another human with malice aforethought.
– Elements: Actus reus, mens rea, causation, and death of a human being.
– Georgia Specific: O.C.G.A § 16-5-1 outlines murder and distinguishes between malice murder and felony murder.
B. Voluntary Manslaughter
– Definition: The killing of a human without malice aforethought, usually in the heat of passion in response to adequate provocation.
– Georgia Specific: Codified under O.C.G.A § 16-5-2, voluntary manslaughter is often considered a lesser included offense of murder.
C. Involuntary Manslaughter
– Definition: An unintentional killing resulting from recklessness or criminal negligence.
– Georgia Specific: Defined in O.C.G.A § 16-5-3, involuntary manslaughter can occur during the commission of an unlawful act other than a felony, or during a lawful act in an unlawful manner.
III. Sexual Offenses
A. Rape
– Definition: The act of sexual intercourse with another person without consent.
– Georgia Specific: In Georgia, rape is codified under O.C.G.A § 16-6-1, which includes forcible rape and includes a marital rape exception.
B. Statutory Rape
– Definition: Sexual intercourse with an individual under the age of consent.
– Georgia Specific: O.C.G.A § 16-6-3 outlines the offense and the age of consent in Georgia is 16.
IV. Theft and Property Crimes
A. Larceny
– Definition: The trespassory taking and carrying away of personal property of another with the intent to permanently deprive.
– Georgia Specific: Referred to as theft by taking under O.C.G.A § 16-8-2.
B. Robbery
– Definition: The taking of property from another person by force, intimidation, or threat of violence.
– Georgia Specific: O.C.G.A § 16-8-40 defines robbery and outlines different degrees, such as armed robbery.
C. Burglary
– Definition: The unlawful entry into a building with the intent to commit a felony or theft therein.
– Georgia Specific: O.C.G.A § 16-7-1 provides for burglary and includes distinctions between first, second, and third-degree burglary based on the type of structure entered.
V. Defenses
A. Justification and Excuse
– Definitions:
– Justification: A defense that acknowledges the act but claims it was right under the circumstances (e.g., self-defense).
– Excuse: A defense that claims the act was wrong but that the defendant is not responsible (e.g., insanity).
– Georgia Specific: Georgia recognizes both justifications and excuses as defenses, codified in various sections of the Georgia Code.
B. Self-Defense
– Definition: The use of force to protect oneself from an imminent threat of harm.
– Georgia Specific: O.C.G.A §§ 16-3-21 to 16-3-24 outline the specifics of self-defense, including the use of force in defense of self or others, habitation, and property.
C. Insanity
– Definition: A defense asserting that a defendant should not be held criminally responsible due to a mental disease or defect.
– Georgia Specific: Georgia follows the “but for” test for insanity, detailed in O.C.G.A § 16-3-2.
D. Duress
– Definition: A defense claiming that the defendant was forced to commit a crime due to the threat of immediate harm to oneself or others.
– Georgia Specific: Recognized under Georgia law and can be a complete defense to most crimes except murder.
VI. Inchoate Crimes
A. Attempt
– Definition: An act done with the intent to commit a crime, that falls short of completing the crime.
– Georgia Specific: Defined in O.C.G.A § 16-4-1 and requires a substantial step towards the commission of the crime.
B. Conspiracy
– Definition: An agreement between two or more persons to commit a crime.
– Georgia Specific: O.C.G.A § 16-4-8 outlines the law on conspiracy in Georgia, including the requirement of an overt act in furtherance of the conspiracy.
C. Solicitation
– Definition: Asking, commanding, or encouraging another person to commit a crime.
– Georgia Specific: Codified in O.C.G.A § 16-4-7 and includes a requirement that the solicitation be made with the intent that the crime be committed.
VII. Case Law Examples Using IRAC Format
State v. Jones:
– Issue: Whether the defendant had the necessary mens rea for a conviction of second-degree murder.
– Rule: In Georgia, second-degree murder requires a showing of a death caused by reckless conduct of the defendant that displays a disregard for human life.
– Analysis: The defendant’s action of shooting a gun into a crowded area without targeting any individual showed recklessness and a disregard for human life.
– Conclusion: The court held that the defendant had the necessary mens rea for second-degree murder.
Smith v. State:
– Issue: Whether Smith’s entry into an open garage with the intent to steal constitutes burglary.
– Rule: Under O.C.G.A § 16-7-1, burglary requires an unauthorized entry into any building with the intent to commit a felony or theft therein.
– Analysis: Smith’s entry into the garage, despite it being open, was unauthorized, and his intent to steal satisfies the statute.
– Conclusion: The court convicted Smith of burglary.
This study guide provides a basic framework for understanding criminal law concepts relevant to 1L students studying in Georgia. It is important to delve deeper into each topic and review more case law to fully prepare for a final semester exam.