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.
Perjury
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.
Final Notes
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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