Criminal Law

Question 1

In Virginia, what standard is applied to insanity defense?

Answer 1

M’Naghten Rule

Question 2

M’Naghten Rule

Answer 2

The rule creates a presumption of sanity, unless the defense proves that “at the time of committing the act, the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know what he was doing wrong.”

Question 3

“Alford” Plea

Answer 3

When the Defendant acknowledges that there is sufficient evidence for a conviction of a crime, but does not plead guilty

A D should not make such a plea nor would it be advantageous to take such a plea if there is not sufficient evidence to convict D

Question 4

Self-Defense likely to succeed standard

Answer 4

In VA, a person may use force to defend himself if there is reasonable appearance that the use of force is justified

Question 5

Defense of Property likely to succeed standard

Answer 5

Reasonable force in defending property and reasonable attemot to regain possession of property

Question 6

Self-Defense

Question 7

Defense of Property

Question 8

Employer Vicarious Liability

Answer 8

An employer is vicariously liable for the torts of his employee if the following two elements are met: (1) there must be an employer-employee relationship between the party whose act caused the injury and the person sought to be held liable for such injury; and (2) the tort must have occurred within the scope of the employment relationship

Question 9

Vicarious Liability for Intentional Torts

Answer 9

Employers are usually not liable for the intentional torts of their employees because intetional tortious conduct does not often fall within the scope of employment

However, liability can still occur if the tortious conduct was actuated by a purpose to serve the employer (some benefit found running to the employer)

Example: a cameraman (employee) commits a battery against a person to regain in his possession a camera (property) that belongs to WLTV (his employer), this camera was a valuable, important piece of equipment, therefore the employee presumably committed the tort for the benefit of his employer and in furtherance of his employer’s business

Question 10

Accessory Before the Fact

Question 11

Accessory After the Fact

Answer 11

One is guilty as an accessory after the fact if they have knowledge of the commission of the offense and received, relieved, comforted, or assisted the felon in escaping punishment

However, in VA, close family members, such as spouses, parents, grandparents, children, grandchildren, or siblings are excluded from the reach of the statute or accessory after the fact rule

Question 12

Principal in the First Degree

Question 13

Principal in the Second Degree

Answer 13

A person that is present at the commission of the crime and either; (i) commits some overt act, such as inciting, encouraging, advising, or assisting in the commission of the crime, or (ii) shares in the perpetrator’s criminal intent by procuring, encouraging, countenancing, or approving the commission of the crime

Under VA law, a principal in the second degree is punished the same as a principal in the first degree, eith the exception of certain murders for hire

Question 14

Intent

Question 15

Causation

Question 16

DEFENSES

Lack of Presence During the Crime

Question 17

DEFENSES

Lack of Knowledge of a Firearm Used During a Crime

Question 18

DEFENSES

Voluntary Intoxication

Answer 18

In VA, voluntary intoxication is not a defense even for specific intent crimes

Under VA law, voluntary intoxication, unless it has produced a permanent insanity, is never an excuse for a crime

One exception, if relevant to facts, is that evidence of intoxication may be presented to show that a D could not premeditate and deliberate, as required by first degree and aggravated murder

Question 19

DEFENSES

Involuntary Intoxication

Question 20

Grand Larceny

Answer 20

Committed by a person who takes personal property of another by trespass, with the intent to permanently deprive that person of the property, where the value of the goods is $1,000 or more

Larceny is a continuing offense, so anyone who knows that the property is stolen and assists in its transportation or disposition is guilty of larceny

(Note: review and check for more clarification) Grand larceny may also be committed by taking money or a thing (object) worth $5 or more from the person of another or by taking any firearm, regardless of its value, not from the person of another

Question 21

Conspiracy to Commit a Felony

Answer 21

1. An agreement
2. between two or more persons
3. entered into by concerted action
4. with the intent to commit a felony

No express agreement (even actions can show agreement) or proof of an overt act in furtherance of the conspiracy is required in Virginia

Question 22

Conspiracy Withdrawl

Question 23

LARCENY

Receiving Stolen Property

Answer 23

Knowingly buying, receiving, or aiding in the concealment of goods known to be stolen

One who commits this crime is guilty of larceny and may be prosecuted even if the actual thief is not convicted

Question 24

Attempted Robbery

Answer 24

D intended to steal personal property from another against his will, by force, violence, or intimidation and that the D committed a direct, but ineffectual, act (overt act) to accomplish this crime

Question 25

Elements of Robbery

Answer 25

1. The Taking
2. With the Intent to deprive the owner or custodian,
3. Permanently, of Personal Property
4. From his person or in his presence
5. Against his Will, by Force, Threat or Intimidation

Question 26

Assault

Answer 26

Placing another in apprehension of an immediate offensive touching

Question 27

Attempted Aggravated Murder of a Law Enforcement Officer

Question 28

Double Jeopardy Clause

Answer 28

Prohibits multiple convictions or multiple punishments unless each offense requires proof of an additional element that the other crime does not require, even though some of the same facts may be necessary to prove both crimes

For instance, proof of one offense requires proof of all of the elements of the other offense, the crimes stand in the relationship of a lesser-included offense and a greater offense

However, although conviction of offenses could violate Double Jeopardy Clause, prosecution of offenses would not violate the clause so the court need not dismiss the charges based on prosecution of charges alone that violates clause

Example: Robbery is larceny from a person by force or intimidation, the elements of larceny must always be proved in order to establish the greater offense of robbery, thus the offenses are the same for purposes of double jeopardy

Question 29

Blockburger Test

Answer 29

The standard for defining the same offense

Question 30

Battery

Question 31

Involuntary Manslaughter

Answer 31

Accidental killing of another during the commission of some unlawful, but not felonious, act

Question 32

Petit Larceny

Question 33

Trespass

Question 34

Defense of Entrapment

Question 35

Virginia follows the ____ Rule to test for Insanity

Answer 35

McNaughten Rule

Question 36

Elements of Common Law Burglary

Answer 36

Breaking and entering into a dwelling of another at nighttime with the intent to commit a felony therein

Question 37

Virginia Statutory Burglary

Answer 37

Virginia defines burglary as entering in the nighttime or breaking and entering during the day, and Virginia recognizes statutory burglary as a lesser-included offense of common law burglary

Question 38

Elements of Receiving or Concealing Stolen Goods

Answer 38

(1) Buying or Receiving from another person; (2) any stolen goods or other thing (i.e., personal property), Or aiding them in concealing the goods or other property, while, (3) knowing that they are stolen

Question 39

Possession of Illegal Substance with intent to Distribute

Answer 39

Possession can be by direct/actual possession of narcotics and also by constructive possession which requires proof of knowledge of the illegal nature of the substance and dominion and control over the substance

Question 40

Criminal Appeals

Question 41

Criminal Appeals: Steps to Perfect the Appeal

Question 42

Joint and Severed Trial

Question 43

Elements of Extortion

Answer 43

1. Threat of Injury
2. Threat caused the person to part with money or other pecuniary benefit

Example:

Question 44

Elements of Embezzlement

Answer 44

1. Wrongful conversion, for one’s own use, the property of another
2. With the Intent to permenantly deprive the rightful owner of the use thereof
3. the property had been entrusted to the defendant by another
   And, 4. the value of the property was $200.00 or more

*Embezzlement can be charged as Larceny

Example:

Question 45

Attempt

Answer 45

One who intends to commit a crime and commits a direct, but ineffectual act towards the commission of that crime, has committed the crime of an attempt

Question 46

Abduction

Answer 46

1. When a person by force or intimidation
2. Seizes, takes, transports or detains another person
3. With Intent to deprive that person of liberty

Question 47

Merger

Answer 47

Upon Completion of crime, the conspiracy merges into the offense

Example: