gritguy
Verified Expert
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- Jul 16, 2008
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Are there any Lawyers in our midst? Does anyone know the specific charges at this time? If we are waiting for a grand jury indictment then we do not know what the actual charges will be, but as of now if I knew the specific charges I can look up Georgia law to find out if criminal intent or specific premeditation is a element that must be proved to the judge or jury? Help me! Anybody know????? MOO
The way it is now they must show that the harm to Cooper was the result of criminal negligence. If they show that, because Cooper died during the commission of that felony, RH can be held guilty of felony murder.
Intent is relevant, because it makes it a slam dunk. Recklessness or knowing indifference would get you there too. But the jury - the fact-finders - will be asked to consider as a reasonable person whether RH was criminally negligent which is “an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.” OCGA 16-2-1