Crim Law & Pro Flashcards
There is a rebuttable presumption that a juvenile over the age of ________ but less than ________ of age does not possess the physical capacity to commit rape
10 years; 12 years
The defense must notify the Commonwealth of its intent to use the insanity defense at least ________
days before trial
120
A confession is involuntary if the police use any of the following actions and thereby overbear the accused’s will to resist and bring about a confession not freely determined:
I. Force.
II. Threats of violence.
III. Use of drugs.
IV. Lengthy periods of being held incommunicado
All the above
TRUE OR FALSE: In Virginia, a jury verdict must be unanimous to convict
True
Which of the following statements is true?
A. In both felony and misdemeanor cases, arraignment is not necessary when waived by the accused or his counsel
B. In both felony and misdemeanor cases, arraignment is not necessary when waived by the accused or when the accused fails to appear.
C. In a felony case, arraignment is not necessary when waived by the accused or his counsel
D. In a misdemeanor case, arraignment is not necessary when waived by the accused or his counsel, or when the accused fails to appear.
In a felony case, arraignment is not necessary when waived by the accused. In a misdemeanor case, arraignment is not necessary when waived by the accused or his counsel, or when the accused fails to appear
D. In a misdemeanor case, arraignment is not necessary when waived by the accused or his counsel, or when the accused fails to appear.
In a felony case, arraignment is not necessary when waived by the accused. In a misdemeanor case, arraignment is not necessary when waived by the accused or his counsel, or when the accused fails to appear
What is the outermost time limit for a defendant to withdraw her guilty plea?
21 days from the entry of a final order
Which of the following is not a circumstance under which a defendant may be convicted of aggravated murder?
A murder committed during the commission of a burglary
Virginia applies the following tests to determine whether, at the time of the crime, the defendant was so mentally ill as to be entitled to acquittal (select all that apply):
M’Naghten Rule & Irresistible impulse test
Which of the following is not a type of grand jury in Virginia?
County grand jury
If there are subsequent confessions following an involuntary confession, there is a rebut-table presumption that these later confessions are also tainted. What is the standard of proof necessary for the state to overcome this presumption?
Clear and convincing evidence
In a criminal case, a defendant’s spouse may be compelled to testify against the defendant (select all that apply):
In a prosecution for an offense committed by one against the other or against a inor child of either
In a case in which either is charged with forgery of the other’s signature
In any proceeding relating to a violation of the laws pertaining to criminal sexual assault
Second-degree murder consists of all murder that is not:
Aggravated murder or first degree murder
In Virginia, a defendant generally may use physical force to defend himself if there is a reasonable appearance that the use of force is justified. How do Virginia courts determine “reasonable appearance”?
It is determined from the subjective viewpoint of the D at the time he acted
TRUE or FALSE: Voluntary intoxication is not a defense to a crime in Virginia
True
TRUE or FALSE: A murder committed with malice is first-degree murder in Virginia
True
Which of the following is not a source of Virginia’s rules regarding criminal procedure?
The VA Local Rules of Court
Which of the following is not a requirement for an indictment or information?
The date of birth of the accused
A ________ is defined as any collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person, without authority of law.
Mob
A conviction will not be overturned automatically if an involuntary confession was erroneously admitted into evidence. What is the appropriate test that courts apply?
Harmless error test
Felony murder in Virginia is any murder that is committed, whether intentional or accidental, during the commission of or during an attempt to commit which of the following crimes (select all that apply):
A. Robbery
B. Larceny
C. Burglary
D. Arson
A. Robbery
C. Burglary
D. Arson
How long may a merchant who has probable cause to believe that a person has shoplifted on the merchant’s premises detain that person pending the arrival of a law enforcement officer?
1 hour
Sexual intercourse with a child under the age of ________ years is punished as rape
13
If a person is convicted of perjury, she is prohibited from doing which of the following (select all that apply):
Holding office under the VA Constitution
Bail can be revoked upon a finding that the accused or juvenile will not appear or will constitute an unreasonable danger while at liberty. What is the appropriate standard of proof?
PC
Any person who threatens to kill or injure another or to commit violence against another’s property or to trespass upon his property will be required to give a recognizance to keep the peace for a period not to exceed what length of time?
One year
Which of the following is not something a defendant must show to be successful on a claim that his criminal conduct was the product of duress?
An absence of a predisposition to commit criminal offenses
Virginia has no statute that codifies the common law crime of mayhem. Instead, what statutory crime in Virginia most resembles the common law crime of mayhem?
Malicious wounding
In a prosecution for grand larceny, the defendant may be convicted of petit larceny if the value of the property taken is less than $ ________
$1,000
Under the Virginia Code, what term is synonymous with “kidnapping”?
Abduction
A regular grand jury consists of not less than ________ or more than ________ persons
5 and 7
If the jury returns a verdict of guilty, the court may, on motion of the accused made not later than ________ after entry of a final order, set aside the verdict for error committed during the trial
21 days
