Exam (elaborations)
GPSTC EXAM 1 GA CRIMINAL LAW QUESTIONS AND ANSWERS
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GPSTC EXAM 1 GA CRIMINAL LAW QUESTIONS AND ANSWERS
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1-28 of 28EVERY person is seen INNOCENT until elements of the crime can prove otherwise w/
reasonable doubt
- HAVE to have ACT and INTENT for it be a crime
- CANNOT be from natural disasters
- Criminal intent must exist to distinguish the crime from an accident or mistake of fact
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16-1-5 Presumption of innocence and proof beyond reasonable doubt
, A person will not be presumed to act with criminal intention, unless the words,
conduct, demeanor, motive, and other circumstances proof otherwise
Mens Rae: Guilty mind
* All crimes REQUIRE criminal intent; a mental state or frame of mind that the person
knowingly broke the law
* Intent is manifested by the totality of the circumstances connected with the facts of
case
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16-2-6 Intention a question of fact/ INTENT
Case Law that is based upon previous appellate court and are binding on lower court
decisions (Precedent)
Purposes of Case Law:
1. Interpret the Constitution
2. Clarify Statutes
Federal: Applies varies on Circuit
State: always applicable
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Case Law (Court Law) Federal & State Laws
In CIVIL cases, a preponderance of evidence is considered sufficient to produce
mental conviction
In CRIMINAL cases, a greater strength of mental conviction is needed to deem
verdict guilty
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