Georgia Criminal Law Questions and
Answers Study Guide
OCGA 17-2-1 Jurisdiction - ANSWER>>an area of authority or control; the right to
administer justice
OCGA 17-2-2 Venue of Crime - ANSWER>>The location where a crime was
committed
OCGA 17-3-1 Statute of Limitations - ANSWER>>restricts the period of time within
which an action may be brought to court
OCGA Title 16 - ANSWER>>Criminal codes of Georgia
Title 16 General Purposes - ANSWER>>1. To forbid and prevent conduct which
unjustifiably and inexcusably causes or threatens substantial harm to individual or
public interests
2. To give fair warning of the nature of the conduct forbidden and the sentence
authorized upon conviction
3. To define that which constitutes each crime
4. To prescribe penalties which are proportionate to the seriousness of crimes
and which permit recognition of differences in rehabilitation possibilities among
individual criminals.
Affirmative Defense - ANSWER>>One in which the defendant admits to the crime
but seeks to justify, excuse, or mitigate
Another - ANSWER>>Another person other than the accused
,Felony - ANSWER>>A crime punishable by death, by imprisonment for life, or by
imprisonment for more than 12 months
Misdemeanor - ANSWER>>Any crime other than a felony, fines up to $1000
Misdemeanor of High and Aggravated Nature - ANSWER>>Fines up to $5000
Forcible Felony - ANSWER>>Any felony which involves the use or threat of
physical force or violence against any person
Public place - ANSWER>>Any place where the conduct involved may reasonably
be expected to be viewed by people other than members of the actor's family or
household
Owner - ANSWER>>A person who has the right to possession of property which is
superior to that of a person who takes, uses, obtains, or withholds it from him
and which the person taking, using, obtaining, or withholding is not privileged
OCGA 16-1-5 Presumption of innocence and proof beyond a reasonable doubt -
ANSWER>>Every person is presumed innocent until proved guilty. No person shall
be convicted of a crime unless each element of such crime is proved beyond a
reasonable doubt.
OCGA 16-1-6 Included Crimes - ANSWER>>an accused may be convicted of a
crime included in a crime charged in the incident or accusations if it is established
by proof of the same or less than all the facts or a less culpable mental state than
is required to establish the commission of the crime charged
OCGA 16-1-7 Double Jeopardy - ANSWER>>a person may be prosecuted but not
convicted for the same crime twice
OCGA 16-2-1 Definition of a crime - ANSWER>>a violation of a state statute, can
be intentional or criminally negligent
, Criminal negligence - ANSWER>>An act or failure to act which demonstrates a
willful, wanton, or reckless disregard for the safety of others who might
reasonably be expected to be injured thereby
OCGA 16-2-20 Parties to a crime - ANSWER>>1. directly commits a crime
2. causes someone else to commit a crime
3. aids or abets in committing a crime
4. hires someone else to commit a crime
Minimum age - ANSWER>>A person shall not be considered or found guilty of a
crime unless he has attained the age of 13 years at the time of the act, omission,
or negligence constituting the crime
OCGA 16-3-2 Mental Capacity/Insanity - ANSWER>>A person shall not be found
guilty of a crime if at the time they did not have the mental capacity to distinguish
right from wrong.
OCGA 16-3-4 Intoxication - ANSWER>>A person shall not be found guilty of a
crime if, at the time of the act, they were involuntarily intoxicated, and thus did
not have the mental capacity to distinguish right from wrong
16-3-5 Mistake of Fact - ANSWER>>a person shall not be found guilty of a crime if
the act of constituting the crime was induced by a misapprehension of fact which,
if true, would have justified the act or omission
OCGA 16-3-25 Entrapment - ANSWER>>A person is not guilty of a crime if his/her
conduct was induced or solicited by a government officer or employee, or agent
of either, the the purpose of obtaining evidence to be used in prosecuting the
person for commission of the crime
Answers Study Guide
OCGA 17-2-1 Jurisdiction - ANSWER>>an area of authority or control; the right to
administer justice
OCGA 17-2-2 Venue of Crime - ANSWER>>The location where a crime was
committed
OCGA 17-3-1 Statute of Limitations - ANSWER>>restricts the period of time within
which an action may be brought to court
OCGA Title 16 - ANSWER>>Criminal codes of Georgia
Title 16 General Purposes - ANSWER>>1. To forbid and prevent conduct which
unjustifiably and inexcusably causes or threatens substantial harm to individual or
public interests
2. To give fair warning of the nature of the conduct forbidden and the sentence
authorized upon conviction
3. To define that which constitutes each crime
4. To prescribe penalties which are proportionate to the seriousness of crimes
and which permit recognition of differences in rehabilitation possibilities among
individual criminals.
Affirmative Defense - ANSWER>>One in which the defendant admits to the crime
but seeks to justify, excuse, or mitigate
Another - ANSWER>>Another person other than the accused
,Felony - ANSWER>>A crime punishable by death, by imprisonment for life, or by
imprisonment for more than 12 months
Misdemeanor - ANSWER>>Any crime other than a felony, fines up to $1000
Misdemeanor of High and Aggravated Nature - ANSWER>>Fines up to $5000
Forcible Felony - ANSWER>>Any felony which involves the use or threat of
physical force or violence against any person
Public place - ANSWER>>Any place where the conduct involved may reasonably
be expected to be viewed by people other than members of the actor's family or
household
Owner - ANSWER>>A person who has the right to possession of property which is
superior to that of a person who takes, uses, obtains, or withholds it from him
and which the person taking, using, obtaining, or withholding is not privileged
OCGA 16-1-5 Presumption of innocence and proof beyond a reasonable doubt -
ANSWER>>Every person is presumed innocent until proved guilty. No person shall
be convicted of a crime unless each element of such crime is proved beyond a
reasonable doubt.
OCGA 16-1-6 Included Crimes - ANSWER>>an accused may be convicted of a
crime included in a crime charged in the incident or accusations if it is established
by proof of the same or less than all the facts or a less culpable mental state than
is required to establish the commission of the crime charged
OCGA 16-1-7 Double Jeopardy - ANSWER>>a person may be prosecuted but not
convicted for the same crime twice
OCGA 16-2-1 Definition of a crime - ANSWER>>a violation of a state statute, can
be intentional or criminally negligent
, Criminal negligence - ANSWER>>An act or failure to act which demonstrates a
willful, wanton, or reckless disregard for the safety of others who might
reasonably be expected to be injured thereby
OCGA 16-2-20 Parties to a crime - ANSWER>>1. directly commits a crime
2. causes someone else to commit a crime
3. aids or abets in committing a crime
4. hires someone else to commit a crime
Minimum age - ANSWER>>A person shall not be considered or found guilty of a
crime unless he has attained the age of 13 years at the time of the act, omission,
or negligence constituting the crime
OCGA 16-3-2 Mental Capacity/Insanity - ANSWER>>A person shall not be found
guilty of a crime if at the time they did not have the mental capacity to distinguish
right from wrong.
OCGA 16-3-4 Intoxication - ANSWER>>A person shall not be found guilty of a
crime if, at the time of the act, they were involuntarily intoxicated, and thus did
not have the mental capacity to distinguish right from wrong
16-3-5 Mistake of Fact - ANSWER>>a person shall not be found guilty of a crime if
the act of constituting the crime was induced by a misapprehension of fact which,
if true, would have justified the act or omission
OCGA 16-3-25 Entrapment - ANSWER>>A person is not guilty of a crime if his/her
conduct was induced or solicited by a government officer or employee, or agent
of either, the the purpose of obtaining evidence to be used in prosecuting the
person for commission of the crime
