Criminal law and Crim Pro

Question 1

What are the property crimes

Answer 1

Larceny, embezzlement, false pretenses, receiving stolen property.

Question 2

Larceny

Answer 2

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.

Question 3

Embezzlment

Answer 3

Possession under trust arrangement

Conversion

With intent to defraud

Question 4

False Pretenses

Answer 4

1. Obtaining title to property from another
2. by means of misrepresentation of

a. present fact; or
b. past fact; and

3. with intent to defraud

Question 5

Theft

Answer 5

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.

Question 6

Robbery

Answer 6

Larceny plus force (violence or threats)

Question 7

What is required for Robbery by threat?

Answer 7

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.

Question 8

What are the types of larceny in VA?

Answer 8

Grand $5 + from person

simple $1000+ no from person or firearm

petit - presumption if unexplained and exclusive possession of recently stolen property

Question 9

Extortion

Answer 9

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.

Question 10

Burglary

Answer 10

Entry

By breaking

Dwelling of another

nighttime

intent to commit felony therein

Question 11

Arson

Answer 11

Malicious

burning

of another’s dwelling

Some part of the structure must be burned by fire.

Question 12

Battery

Answer 12

Unlawful

application of force to another

resulting in either bodily injury or offensive touching

General intent mental state

Question 13

Assault

Answer 13

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

Question 14

Aggravated assault/battery

Answer 14

A weapon was used

the victim is a child, elderly, handicapped, or otherwise vulnerable.

the intent is to commit a robbery or rape.

Question 15

Rape or sexual assault

Answer 15

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.

Question 16

Statutory Rape

Answer 16

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.

Question 17

False imprisonment

Answer 17

the unlawful

confinement of a person

without a person’s consent

mental state: general intent

Question 18

Kidnapping

Answer 18

Either

confining or restraining a person; or

moving a person; and

without authority of law/

Question 19

Aggravated kidnapping

Answer 19

the purpose is to collect ransom.

the purpose is to commit a robbery or rape; or

the victim is a child.

Question 20

VA Kidnapping (abduction)

Answer 20

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.

Question 21

Constructive possession

Answer 21

the ability to exercise actual physical control

with awareness of ability

for a period sufficient to enable the person to terminate the possession.

Question 22

What are the three homicide offensese?

Answer 22

1. Murder
2. Voluntary manslaughter
3. involuntary manslaughter.

Question 23

Murder

Answer 23

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

Question 24

voluntary manslaughter

Answer 24

Murder plus adequate provocation

Question 25

Involuntary manslaughter

Answer 25

Murder + criminal negligence or committing misdemeanor

Question 26

What are the three kinds of causation issues in homicide offenses?

Answer 26

Factual causation - but for

year and a day rule

proximate cause - naturally result’s from the D’s actions

Question 27

what are elements for determining if a superseding event is the causation of an injury

Answer 27

independent of the D’s actions

unforeseeable; and

sole immediate cause of v’s injury

Question 28

Felony Murder

Answer 28

accidental death caused during commission of a felony

The death must have been foreseeable or the felony must have been dangerous.

Question 29

Capital Murder

Answer 29

willful, deliberate, and premediated murder committed under 14 different aggravating circumstances

Question 30

What is the 4th amendment presumption regarding search and seizure?

Answer 30

Police need an effective search warrant to search any location where a person has a reasonable expectation of privacy.

Question 31

What are the exceptions to a police search and seizure or a person without justifiable support?

Answer 31

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.

Question 32

In VA what is the presumption on all homicides? Who has the burden of proving otherwise?

Answer 32

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.

Question 33

What must be proven to successful charge a person with first degree murder in VA?

Answer 33

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.

Question 34

When is the element of “heat of the passion” satisfied?

Answer 34

if the defendant is adequately provoked and does not have time to cool down after the adequate provocation.

Question 35

What is a Felony in VA?

Answer 35

a crime punishable by more than a year in jail as the maximum sentence.

Question 36

Conspiracy

Answer 36

An agreement between two minds to commit a criminal offense and some act signifying the creation of the conspiracy.

Question 37

Attempt

Answer 37

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.