Origins is Law

Essential Elements of a Crime

*Every crime has basic elements, for instance: -There must be the commission of a prohibited act or an omission of required act-not an act resulting from a nature event, lighting, earthquake or flood -Presence of a state of mind (intent) *Criminal intent must exist to distinguish the crime from an accident or mistake of fact.

Federal Appellate Courts

*Federal District Court Georgia -Northern District -Middle District -Southern District *11th Circuit Court of Appeals *U.S. Supreme Court

Criminal Negligence

*In certain crimes, criminal negligence meets the requirement of criminal intent. Negligence is the failure to exercise ordinary care. Criminal negligence is a negligence act that is aggravated and reckless in a constitute indifference to the consequence.

Specific Intent

*In other crimes intent is an element of the offense that must be proven. These are called specific intent crimes. Specific intent crimes are recognized by the language of the statue such as: With intent to, or for the purpose of. *When the definition of crime refers to a person's intent to do some further act or achieve some additional consequence, the crime is one of specific intent. Unless the specific intent exists, the crime has not been committed.

General Intent

*In some crimes intent is presumed and does not have to be proven. These are called general intent crimes. -Example: Possession of Marijuana, it is not necessary to prove intent. -It does not matter that the person does not know that the particular conduct is against the law. General intent presumes that the person was aware of his actions or conduct. Ignorance of the law is no excuse.

Constitutional Law

*The main constitutional provisions regarding criminal procedure can be found in Amendments IV, V, VI, and VIII to the Constitution.

Transferred Intent

*When an unlawful act affects a person other than, or in addition to, the person it was intended to affect then the intent becomes transferred intent. Criminal intent in these case is transferred from the intended from the intended victim to the actual victim. *Intent may be transferred only if the act involved does not be intent.

16-7-1 Burglary

-A person -Without authority -Enters -A specified structure -With intent to commit a felony or theft *All elements must be proved.

15-1-5 Presumption of innocence and proof beyond reasonable doubt

-Criminal burden of proof for conviction -Proof Beyond Reasonable Doubt!

Criminal Intent

-Latin term for guilty mind -The act does not make a person guilty unless the mind be also guilty. *All crimes require criminal intent which means a mental state or frame of mind that the person knowingly did the particular criminal act (break the law). -Intent may be General, Specific or Transferred -Intent is manifested by the totality of the circumstances connected with the offense (facts of the case).

Impact on LEO

-Law enforcement officers are also impacted and bound by the decisions of these courts -Many of the rules governing criminal procedure, such as due process, search and seizure, self incrimination and equal protection are set forth in the first ten amendments to the U.S Constitution, known as the Bill of Rights.

Georgia

-Supreme Court of Georgia -Georgia Court appeals -Precedent in Georgia is set at these two levels

Civil Actions by Crime Victims

A person who has been injured as a result of a crime may also file a civil action even though the state files criminal charges.

16-2-6 Intention a Question of Fact

A person will not be presumed to act with criminal intention but the trier of facts may find such intention upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.

Constitution

A written plan of government A document which spells out the principles by which a government runs and the fundamental laws that govern a society a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.

~Georgia Is The 11 Circuit of the Federal Appeals Court System~

Alabama, Fla. GA make up the 11th Circuit

Elements of a Crime

Elements of a crime are the basic facts that must be proven by the prosecution to sustain a conviction. If any element is missing, that particular crime is not complete.

6th Amendment

Enjoyed a right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed. ~~~6TH Amendment- Right For A Speedy Trial By An Impartial Jury Of The State and District where the crime has been committed. ~~~6TH Amendment- Assistance Counsel for his Defense.

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. 8TH AMENDMENT- Prison/Jail Rights

Statutory Law

Law passed by the U.S. Congress or state legislatures The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law). legislative acts declaring, commanding, or prohibiting something

Criminal and Civil Law

Laws are classified as either criminal or civil and share the common purpose of controlling wrongful behavior. Frequently an act will be committed that harms both the community and an individual, resulting in both civil action and criminal prosecution. Criminal law deals with violations of the criminal statutes. Such violations are called crimes and are considered public wrongs against all the of the State of Georgia. The Consequence of violating criminal law is prosecution. The state prosecutes a criminal when a crime is committed One aim of criminal law is punishment, which may include death

24-14-3 Civil Burden of Proof

Preponderance of the Evidence

5th Amendment

The Fifth Amendment covers an array of procedural concerns, including the death penalty, multiple trials for the same criminal offense (Double Jeopardy) ~~~5TH Amendment- Double Jeopardy, Indictment From The Judge

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

Case Law

the rules of law announced in court decisions Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law. made when an appellate court endorses a rule to be used in deciding court cases *The primary purposes of case law are to: -Interpret the Constitution -Clarify Statute

local ordinances

what rules and regulations passed by local governments are called instead of laws cities and towns have regulations on: speed limits, one way street, set stop intersections, sound , use turn signals, prohibit commercial vehicles from using certain streets, and control parking. municipal regulations and laws enacted in local areas