Criminal law and Crim Pro Flashcards
What are the property crimes
Larceny, embezzlement, false pretenses, receiving stolen property.
Larceny
Taking
Asportation
corporal personal
property of another
from possession of another
wrongfully, without permission or with permission obtained by deception
with intent to permanently deprive.
Embezzlment
Possession under trust arrangement
Conversion
With intent to defraud
False Pretenses
- Obtaining title to property from another
- by means of misrepresentation of
a. present fact; or
b. past fact; and
- with intent to defraud
Theft
A person commits theft if her unlawfully exercises control over the property of another without effective permission and with the intent to deprive the other of that property.
Robbery
Larceny plus force (violence or threats)
What is required for Robbery by threat?
imminent physical harm
victim must be put in fear of harm; and
threat must be such as would cause apprehension of immediate harm in a reasonable person.
What are the types of larceny in VA?
Grand $5 + from person
simple $1000+ no from person or firearm
petit - presumption if unexplained and exclusive possession of recently stolen property
Extortion
Threatening injury to the character, person, or property of another or accusing another of any offense and thereby extorting money, property, pecuniary benefit, or any not or other evidence of debt.
Burglary
Entry
By breaking
Dwelling of another
nighttime
intent to commit felony therein
Arson
Malicious
burning
of another’s dwelling
Some part of the structure must be burned by fire.
Battery
Unlawful
application of force to another
resulting in either bodily injury or offensive touching
General intent mental state
Assault
Attempted Battery
intentional creation
other than by mere words
of a reasonable apprehension in the mind of the victim
of imminent bodily harm
specific intent mental state
Aggravated assault/battery
A weapon was used
the victim is a child, elderly, handicapped, or otherwise vulnerable.
the intent is to commit a robbery or rape.
Rape or sexual assault
Rape: sexual intercourse by a male with a woman not his spouse without the woman’s effective consent and by force.
Fraud will render a woman’s consent ineffective only if fraud goes to the nature of the act.
Statutory Rape
Sex with someone under the age of consent
mental state (majority rule): strict liability
mental state (MPC/minority) : a reasonable mistake of age can be a defense.
False imprisonment
the unlawful
confinement of a person
without a person’s consent
mental state: general intent
Kidnapping
Either
confining or restraining a person; or
moving a person; and
without authority of law/
Aggravated kidnapping
the purpose is to collect ransom.
the purpose is to commit a robbery or rape; or
the victim is a child.
VA Kidnapping (abduction)
By force, intimidation, or deception
without legal justification or excuse
seizes, physically detains, takes, transports, or secretes
Another person
with intent to deprive such person of personal liberty, or to withhold or conceal him from another person, authority, or institution lawfully entitled to his charge.
Constructive possession
the ability to exercise actual physical control
with awareness of ability
for a period sufficient to enable the person to terminate the possession.
What are the three homicide offensese?
- Murder
- Voluntary manslaughter
- involuntary manslaughter.
Murder
the intentional killing of another or intent to cause serious bodily injury, or awareness of extremely high risk of death will result or intent to commit a felony.
with malice aforethought
voluntary manslaughter
Murder plus adequate provocation
Involuntary manslaughter
Murder + criminal negligence or committing misdemeanor
What are the three kinds of causation issues in homicide offenses?
Factual causation - but for
year and a day rule
proximate cause - naturally result’s from the D’s actions
what are elements for determining if a superseding event is the causation of an injury
independent of the D’s actions
unforeseeable; and
sole immediate cause of v’s injury
Felony Murder
accidental death caused during commission of a felony
The death must have been foreseeable or the felony must have been dangerous.
Capital Murder
willful, deliberate, and premediated murder committed under 14 different aggravating circumstances
What is the 4th amendment presumption regarding search and seizure?
Police need an effective search warrant to search any location where a person has a reasonable expectation of privacy.
What are the exceptions to a police search and seizure or a person without justifiable support?
Police are able to Terry stop and frisk based on reasonable suspicion, may search subjects incident to arrest, and may search subjects for inventory at the time of booking.
In VA what is the presumption on all homicides? Who has the burden of proving otherwise?
All homicides are second degree murder.
It is the prosecutors burden to increase the charge to first degree murder, and the defendant’s burden to reduce it to voluntary manslaughter.
What must be proven to successful charge a person with first degree murder in VA?
The prosecution must prove the the killing was premeditated, willful, and deliberate. The statute also specifically references circumstances such as lying in wait with regard to FDM.
When is the element of “heat of the passion” satisfied?
if the defendant is adequately provoked and does not have time to cool down after the adequate provocation.
What is a Felony in VA?
a crime punishable by more than a year in jail as the maximum sentence.
Conspiracy
An agreement between two minds to commit a criminal offense and some act signifying the creation of the conspiracy.
Attempt
A specific intent crime
Requires that a person intend to commit the specific crime and that there be some act reasonably related to completing the attempt.
