The Code of the State of Georgia
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Charging Language
1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only -
Mandatory Minimum Penalties and Statutory Relief Mechanisms
Chapter 2 HISTORY OF MANDATORY MINIMUM PENALTIES AND STATUTORY RELIEF MECHANISMS A. INTRODUCTION This chapter provides a detailed historical account of the development and evolution of federal mandatory minimum penalties. It then describes the development of the two statutory mechanisms for obtaining relief from mandatory minimum penalties. B. MANDATORY MINIMUM PENALTIES IN THE EARLY REPUBLIC Congress has used mandatory minimum penalties since it enacted the first federal penal laws in the late 18th century. Mandatory minimum penalties have always been prescribed for a core set of serious offenses, such as murder and treason, and also have been enacted to address immediate problems and exigencies. The Constitution authorizes Congress to establish criminal offenses and to set the punishments for those offenses,17 but there were no federal crimes when the First Congress convened in New York in March 1789.18 Congress created the first comprehensive series of federal offenses with the passage of the 1790 Crimes Act, which specified 23 federal crimes.19 Seven of the offenses in the 1790 Crimes Act carried a mandatory death penalty: treason, murder, three offenses relating to piracy, forgery of a public security of the United States, and the rescue of a person convicted of a capital crime.20 One of the piracy offenses specified four different forms of criminal conduct, arguably increasing to 10 the number of offenses carrying a mandatory minimum penalty.21 Treason, 17 See U.S. Const. art. I, §8 (enumerating powers to “provide for the Punishment of counterfeiting the Securities and current Coin of the United States” and to “define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations”); U.S. -
CRIMINAL ATTEMPTS at COMMON LAW Edwin R
[Vol. 102 CRIMINAL ATTEMPTS AT COMMON LAW Edwin R. Keedy t GENERAL PRINCIPLES Much has been written on the law of attempts to commit crimes 1 and much more will be written for this is one of the most interesting and difficult problems of the criminal law.2 In many discussions of criminal attempts decisions dealing with common law attempts, stat- utory attempts and aggravated assaults, such as assaults with intent to murder or to rob, are grouped indiscriminately. Since the defini- tions of statutory attempts frequently differ from the common law concepts,8 and since the meanings of assault differ widely,4 it is be- "Professor of Law Emeritus, University of Pennsylvania. 1. See Beale, Criminal Attempts, 16 HARv. L. REv. 491 (1903); Hoyles, The Essentials of Crime, 46 CAN. L.J. 393, 404 (1910) ; Cook, Act, Intention and Motive in the Criminal Law, 26 YALE L.J. 645 (1917) ; Sayre, Criminal Attempts, 41 HARv. L. REv. 821 (1928) ; Tulin, The Role of Penalties in the Criminal Law, 37 YALE L.J. 1048 (1928) ; Arnold, Criminal Attempts-The Rise and Fall of an Abstraction, 40 YALE L.J. 53 (1930); Curran, Criminal and Non-Criminal Attempts, 19 GEo. L.J. 185, 316 (1931); Strahorn, The Effect of Impossibility on Criminal Attempts, 78 U. OF PA. L. Rtv. 962 (1930); Derby, Criminal Attempt-A Discussion of Some New York Cases, 9 N.Y.U.L.Q. REv. 464 (1932); Turner, Attempts to Commit Crimes, 5 CA=. L.J. 230 (1934) ; Skilton, The Mental Element in a Criminal Attempt, 3 U. -
Sleuthing Tips! How This Mystery Works: This Mystery Is Similar to the Board Game CLUE
Murder n’ Mayhem - Sleuthing Tips! How this mystery works: This mystery is similar to the board game CLUE. (Think of this voyage as playing a live game of CLUE!) You will use CLUE Cards and evidence to solve the crime. There are three different CLUE Cards: Suspect, Weapon and Motive. Plus, evidence items also represent the one who is guilty and will help narrow down your list of suspects. Gathering Information: You are looking for the character that is a suspect, has a motive and has the weapon. Some characters are not a suspect; others are, but only have a weapon or a motive. Once you find the character with all 3 of these you will solve the crime. Interrogation Techniques: In your efforts to solve this crime there are many questions you will want to ask the suspects. Here are some examples: How did you know the deceased? Do you have any evidence that relates to the crime? Are you a suspect in the murder? Why would you want the victim dead? Do you own a weapon? (Note: These last three questions relate to the CLUE Cards.) Evidence at the Crime Scene: Unfortunately, some of the guests disturbed the crime scene and took pieces of evidence. Those who have evidence are able to use these items however they wish; bribery, blackmail, barter, etc… If you have a piece of evidence you cannot lie. You must share it. It is up to you though if you are sharing it for free, doing an exchange, or charging a fee. The number of evidence items that are relevant to the murder will be revealed during the voyage. -
Martin County Mysteries Part 2
Martin County Mysteries, Mayhem, and More . PART II Part II of this series starts in the Tenhassen woods during the 1860s and involves a fierce fight. From the Tenhassen woods we move on to Sherburn and witness a daring bank robbery. Following the Sherburn bank robbery is an account of a cold blooded murder in Martin County, and finally, an attempted robbery of the former Red Owl store in Fairmont involving gunfire at the police who were giving chase. The review of local legends couldn’t be complete without including the famed “Carver- Tuttle Fight of 1862.” Legend has it that Sam Carver, a huge, stern character with a booming voice decided to settle in the vicinity of “Tuttle’s Grove” in 1860. He was soon met by Calvin Tuttle who made it very clear that this was his land and that Carver should move on. Later, Tuttle and his two sons returned to Carver’s camp again telling him to leave. Tuttle’s threats continued and, finally, in 1862, he made a vow that if Carver could beat him in a fair fight, Tuttle and his family would depart leaving his entire “empire” to Carver. Consequently, the battle was staged in a clearing in the Tenhassen woods that resembled a natural amphitheater. Both men agreed to a fair fight, however, as Carver raised his arms to remove his jacket Tuttle abruptly smashed him in the face. Carver, having his arms caught in his jacket sleeves, finally freed one arm and punched Tuttle in the groin, From that point on, nothing was barred and the fight continued with fists, fingernails, and teeth used as weapons. -
Gfniral Statutes
GFNIRAL STATUTES OF THE STATE OF MINNESOTA, IN FOROE JANUARY, 1891. VOL.2. CowwNnro ALL TEE LAw OP & GENERAJ NATURE Now IN FORCE AND NOT IN VOL. 1, THE SAME BEING TEE CODE OF Civu PROCEDURE AND ALL REME- DIAL LAW, THE PROBATE CODE, THE PENAL CODE AND THE CEnt- JRAL PROCEDURE, THE CoNSTITuTIoNS AND ORGANIc ACTS. COMPILED AND ANNOTATED BY JNO. F. KELLY, OF TUE Sr. Pui BAR. SECOND EDITION. ST. PAUL: PUBLISHED BY THE AUTHOR 1891. A MINNESOTA STATUTES 1891 IN] EX To Vols. 1 and , except as Indicated by the cross-references, to Vol. 1. A - ACCOUNTS. (cqinued)-- officers'., of corporation, altering, §6448. ABANDONMNT (see CHILD)- presentation, of fraudulent, when felony, Qf, insane person, penalty fpr, §5895, §6507. of lands condemned for public use, §1229. ABATE- ACCOUN,T BOOKS- reognizance.not to abate, when, §439. • are p'rirna.facie evidence, §51'12. action to, nuisapee, §*442 ACCUSATION- actions abated when, §4738. to remove attorneys, §4376. board of health, sa,ll, hat,nuisapces, i9, %vriting. veiifipd, '4l77. §5SS, 589.. ACCUSED- warrant to, §591. rigMsof; §6626 ABBREViATIONS- iii describing lands, §1582. ACKNOWLEDGMENTS (see Index to 'Vol. ABDUCTION (see SEDUCTION; KTDNAP- of 1eeds of land, §4121. RING)-. certifipa.te of. §4122. defined, pnnishment,f,or, §6196. ii qter.sta,tes, §4.23. evidence required to cnvitof, §6197. in foreign countries. §4124. ABETTING (see AIDIN-)- iefusaI to aknplege, §4125. ABOLISHED- proceedings to eompl, §4126. dower anl curtesy is, §4001.. defective, to, cqnveyanqes legalized-. certain defects legalized, §4164. ABORTION (see INDECENT ARTICLES)- ntnslapghter in first degree, when, by officer whose ternl. has çxpired, §4165, §6H5, GUll. -
Certified for Partial Publication*
Filed 7/23/19 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ---- THE PEOPLE, C086476 Plaintiff and Respondent, (Super. Ct. No. 17F4235) v. HEAVEN LEANN TURNER et al., Defendants and Appellants. APPEAL from a judgment of the Superior Court of Shasta County, Adam B. Ryan, Judge. Affirmed as modified. Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and Appellant, Heaven Leann Turner. James Bisnow, under appointment by the Court of Appeal, for Defendant and Appellant, Michael Rafferty. Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Kathleen A. McKenna and Angelo S. Edralin, Deputy Attorneys General, for Plaintiff and Respondent. * Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of parts I B through F and II of the Discussion. 1 Mary H. was attacked and robbed at home in the early hours of the morning. A jury found defendants Heaven Leann Turner and Michael Benjamin Rafferty guilty of first degree robbery and found Turner guilty of mayhem as well. Defendants respectively raise several arguments on appeal. In the published portion of this opinion, we reject Turner’s instructional error claims. Turner argues the trial court prejudicially erred in failing to instruct the jury sua sponte that the infliction of great bodily injury is a required element to prove mayhem and that, like the disfigurement theory of mayhem, permanent injury is required to prove mayhem under the “slit of the lip” theory. -
![Chap. 10.] OFFENCES AGAINST PUBLIC JUSTICE](https://docslib.b-cdn.net/cover/9302/chap-10-offences-against-public-justice-949302.webp)
Chap. 10.] OFFENCES AGAINST PUBLIC JUSTICE
Chap. 10.] OFFENCES AGAINST PUBLIC JUSTICE. CHAPTER X. OF OFFENCES AGAINST PUBLIC JUSTICE. THE order of our distribution will next lead us to take into consideration such crimes and misdemeanors as more especially affect the commonwealth, or public polity of the kingdom: which, however, as well as those which are pecul- iarly pointed against the lives and security of private subjects, are also offences against the king, as the pater-familiasof the nation: to whom it appertains by his regal office to protect the community, and each individual therein, from every degree of injurious violence, by executing those laws which the people them- selves in conjunction with him have enacted; or at least have consented to, by an agreement either expressly made in the persons of their representatives, or by a tacit and implied consent presumed from and proved by immemorial usage. The species of crimes which we have now before us is subdivided into such a number of inferior and subordinate classes, that it would much exceed the bounds of an elementary treatise, and be insupportably tedious to the reader, were I to examine them all minutely, or with any degree of critical accuracy. I shall therefore confine myself principally to general definitions, or descriptions of this great variety of offences, and to the punishments inflicted by law for each particular offence; with now and then a few incidental observations: referring the student for more particulars to other voluminous authors; who have treated of these subjects with greater precision and more in detail than is consistent with the plan of these Commentaries. -
Criminal Law. Merger of Conspiracy Into Completed
RECENT CASES the beneficial owners to avoid the statutory liability. Corker v. Soper 53 F. (2d) igo (C.C.A. 5th 1931); 45 Harv. L. Rev. 580 (1932). There, since, the holding did not con- sist of a majority of the shares, obviously no centralization of control of the company was intended. The parent company in the principal case can be distinguished in that its primary purpose was to centralize control. In both cases, however, the fact that the holding companies were inadequately financed to meet the contingent liability attach- ing to bank stock can be considered as indicating an attempted evasion of the statute. To determine when a holding company is so inadequately financed as to justify a dis- regard of the corporate entity to the extent of holding its stockholders personally liable, its assets must be carefully scrutinized. Since the purpose of the statute is to provide a "secondary" protection to depositors, equalling the stock of the depositary bank, it should not be considered an evasion if the assets of the holding company are sufficient to satisfy that contingent liability on the bank shares held. Thus, where a holding company has a wide and diversified portfolio consisting of many strong operat- ing companies amply sufficient to satisfy any contingent liability on bank stock held, there should be no reason to hold its shareholders personally liable. And it is conceiv- able that a parent company, whose sole assets are stocks in a large number of sub- sidiary banks widely distributed geographically, would be adequately financed to pro- tect creditors of failing banks by converting some of the stocks of their solvent banks into cash. -
Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973
N.B. This is a Working Paper circulated for comment and criticism only. It does not represent the final views. of the Law Commission. The Law Cominission will be grateful for comments before 1 January 1974. All correspondence should be addressed to: J.C. R. Fieldsend, Law Commission, Conquest Hoiis e, 37/38 John Street, Theobalds Road, London WC1N 2BQ. (Tel: 01-242 0861, Ex: 47) The Law Commission Working Paper No 50 Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973 LONDON HER MAJESTY’S STATIONERY OFFICE 1973 @ Crown copyright 1973 SBN 11 730081 0 THE LAW COMMISSION WORKING PAPER NO. 50 Second Programme, Item XVIII CODIFICATION OF THE CRIMINAL LAW GENERAL PRINCIPLES INCHOATE OFFENCES : CONSPIRACY, ATTEMPT AND INCITEMENT Introduction by the Law Commission 1. The Working Party' assisting the Commission in the examination of the general principles of the criminal law with a view to their codification has prepared this Working Paper on the inchoate offences. It is the fourth in a series' designed as a basis upon which to seek the views of those concerned with the criminal law. In pursuance of - its policy of wide consultation, the Law Commission is publishing the Working Paper and inviting comments upon it. 2. To a greater extent than in previous papers in this series the provisional proposals of the Working Party involve fundamental changes in the law which, we think, will prove much more controversial than those made in the other papers. The suggested limitation of the crime of conspiracy to 1. For membership see p. ix. 2. The others are "The Mental Element in Crime" (W.P. -
Violent Crimes in Aid of Racketeering 18 U.S.C. § 1959 a Manual for Federal Prosecutors
Violent Crimes in Aid of Racketeering 18 U.S.C. § 1959 A Manual for Federal Prosecutors December 2006 Prepared by the Staff of the Organized Crime and Racketeering Section U.S. Department of Justice, Washington, DC 20005 (202) 514-3594 Frank J. Marine, Consultant Douglas E. Crow, Principal Deputy Chief Amy Chang Lee, Assistant Chief Robert C. Dalton Merv Hamburg Gregory C.J. Lisa Melissa Marquez-Oliver David J. Stander Catherine M. Weinstock Cover Design by Linda M. Baer PREFACE This manual is intended to assist federal prosecutors in the preparation and litigation of cases involving the Violent Crimes in Aid of Racketeering Statute, 18 U.S.C. § 1959. Prosecutors are encouraged to contact the Organized Crime and Racketeering Section (OCRS) early in the preparation of their case for advice and assistance. All pleadings alleging a violation of 18 U.S.C. § 1959 including any indictment, information, or criminal complaint, and a prosecution memorandum must be submitted to OCRS for review and approval before being filed with the court. The submission should be approved by the prosecutor’s office before being submitted to OCRS. Due to the volume of submissions received by OCRS, prosecutors should submit the proposal three weeks prior to the date final approval is needed. Prosecutors should contact OCRS regarding the status of the proposed submission before finally scheduling arrests or other time-sensitive actions relating to the submission. Moreover, prosecutors should refrain from finalizing any guilty plea agreement containing a Section 1959 charge until final approval has been obtained from OCRS. The policies and procedures set forth in this manual and elsewhere relating to 18 U.S.C. -
Mayhem in the A.M. Book Discussion Group Henderson Library
Mayhem in the A.M. Book Discussion Group Henderson Library Presumed Innocent by Scott Turow (January 12, 2012) Rusty Sabich, a prosecuting attorney investigating the murder of Carolyn Polhemus, his former lover and a prominent member of his boss's staff, finds himself accused of the crime. The Ice Princess by Camilla Lackberg (February 9, 2012) After she returns to her hometown to learn that her friend, Alex, was found in an ice-cold bath with her wrists slashed, biographer Erica Falck researches her friend's past in hopes of writing a book and joins forces with Detective Patrik Hedstrom, who has his own suspicions about the case. Careless in Red by Elizabeth George (March 8, 2012) Scotland Yard's Thomas Lynley discovers the body of a young man who appears to have fallen to his death. The closest town, better known for its tourists and its surfing than its intrigue, seems an unlikely place for murder. However, it soon becomes apparent that a clever killer is indeed at work, and this time Lynley is not a detective but a witness and possibly a suspect. Killer Smile by Lisa Scottoline (April 12, 2012) When she receives personal threats and an associate is murdered, young lawyer Mary DiNunzio realizes that her latest case, involving a World War II internment camp suicide, may have deadly modern-day ties. The Janissary Tree by Jason Goodwin (May 10, 2012) When the Ottoman Empire of 1836 is shattered by a wave of political murders that threatens to upset the balance of power, Yashim, an intelligence agent and a eunuch, conducts an investigation into clues within the empire's once-elite military forces.