Criminal law

(1) (a) In the 2010 case Gasses v. City of Riverdale, the Supreme Court of Georgia indicated that an ordinance under constitutional attack carries with it a presumption of what? (b) Only when what is established will a statute be declared unconstitutional? (c) The Court further indicated that a municipal ordinance is a valid exercise of the police power if it is “substantially related” to what? (Link to case may be found in Content section.)

(2) (a) How does O.C.G.A. § 16-1-3 define the terms “felony,” “misdemeanor,” and “misdemeanor of a high and aggravated nature”? (b) O.C.G.A. § 16-1-10 indicates that “[a]ny conduct that is made criminal by this title or by another statute of this state and for which punishment is not otherwise provided, shall be punished” how? (Links to code sections may be found in Content section.)

(3) (a) What does Article VI., Section IV., Paragraph I. of the Georgia Constitution say about jurisdiction of superior courts in felony cases? (b) From O.C.G.A. § 17-6-1, give seven examples of offenses bailable only before a judge of the superior court. (c) O.C.G.A. § 15-7-4(a)(1) indicates what about the jurisdiction of state courts in the trial of criminal cases? (Links to the Georgia Constitution and code sections may be found in Content section.  The Georgia Constitution file is large and may take a little longer to download.)

(4) (a) According to O.C.G.A. § 15-10-2(1), magistrate courts have jurisdiction and power over the “hearing of applications for and the issuance of” what? (b) According to O.C.G.A. § 15-10-2(9), magistrate courts have jurisdiction and power over the “granting of bail” in what cases? (c) According to O.C.G.A. § 15-10-2(12), magistrate courts have jurisdiction and power over the “trial and sentencing of misdemeanor violations of Code Section 16-9-20, relating to” what? (d) O.C.G.A. § 15-9-30(b)(8) and (b)(9), provide that probate courts shall have the power to carry out what duties as assigned by specific laws? (Links to code sections may be found in Content section.)

(5) Rule 3.8 of the Georgia Rules of Professional Conduct addresses special responsibilities of a prosecutor. (a) This rule specifies that a prosecutor shall “refrain from making any effort to prevent the accused from” doing what? (b) This rule also specifies that a prosecutor shall “make timely disclosure to the defense of” of what? (c) This rule further specifies that “except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from” doing what? (Link to Georgia Rules of Professional Conduct may be found in Content section.)

(6) (a)What two things does O.C.G.A. § 15-8-3 state regarding the citizenship and residency of persons regarding their eligibility to fill the office of district attorney? (b) O.C.G.A. § 15-18-62 states that “except as provided in subsection (c) of Code Section 15-18-60, each solicitor-general of the state court must” be at least how old and must have been admitted and licensed to practice law in the State of Georgia for how long? (d) O.C.G.A. § 15-18-60(c)(1) states that “[t]he General Assembly may by local law provide” what? (Links to code sections may be found in Learning Modules section.)

(7) (a) O.C.G.A. § 17-12-23(a) states that “[t]he circuit public defender shall provide representation in” what types of actions and proceedings? (b) O.C.G.A. § 17-12-23(b) indicates that the entitlement to the services of counsel begins when? (Links to code sections may be found in Content section.)

(8) (a) O.C.G.A. § 35-8-2 gives what definitions for the terms “jail officer,” “juvenile correctional officer,” “law enforcement support personnel,” and “law enforcement unit”?; (b) How does O.C.G.A. § 35-8-2(8) define the term “peace officer”? (Note: The ‘effective date” referred to in the statute is January 1, 2014.) (c) According to O.C.G.A. § 35-8-8, what are four of the eight qualifications for a person to be “employed or certified as a peace officer”? (Links to code sections may be found in Content section.)