The Criminal Statues in the State v. Andrea Sneiderman
The DA has the burden to prove each accused crime beyond a reasonable doubt. But, what exactly does that mean? What does the DA have to prove?
The answer is below. In short, here is the text of the actual crimes the State alleges Andrea Sneiderman committed. I have italicized certain provisions worthy of careful attention.
Hindering Apprehension or Punishment of a Criminal
O.C.G.A. § 16-10-50 provides:
(a) A person commits the offense of hindering the apprehension or punishment of a criminal when, with intention to hinder the apprehension or punishment of a person whom he knows or has reasonable grounds to believe has committed a felony or to be an escaped inmate or prisoner, he:
(1) Harbors or conceals such person; or
(2) Conceals or destroys evidence of the crime.
(b) A person convicted of the offense of hindering apprehension or punishment of a criminal shall be punished by imprisonment for not less than one nor more than five years.
O.C.G.A. § 16-10-70 provides:
(a) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.
(b) A person convicted of the offense of perjury shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than ten years, or both. A person convicted of the offense of perjury that was a cause of another's being imprisoned shall be sentenced to a term not to exceed the sentence provided for the crime for which the other person was convicted. A person convicted of the offense of perjury that was a cause of another's being punished by death shall be punished by life imprisonment.
False Statements and Concealment of Facts
O.C.G.A. § 16-10-20 provides:
A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.
The section heading “final notes” is misleading, because this really is not the final word on what the DA must prove. Georgia’s courts have interpreted these statutes and developed certain language that must (and also that must not) be used when instructing the jury to consider during their deliberations. This post does not attempt to unravel those particulars. However, rest assured, the DA, Defense and Judge will work hard to ensure that the jury charges are proper.
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