Criminal Law/ Criminal Procedure

Question 1

Every unlawful homicide in Virginia is presumed to be

Answer 1

Second degree murder

Question 2

Involuntary intoxication is a defense as long as

Answer 2

intoxication serves to negate an element of general and specific intent crimes.

Question 3

If a person “carnally knows” (which includes sexual intercourse) a child 13 years or older but under 15, he is

Answer 3

Guilty of class 4 felony

Question 4

If the child consents to sexual intercourse and the accused is a minor, the crime is

Answer 4

reduced to a Class 6 felony if the consenting child is three or more years the accused’s junior, or a Class 4 misdemeanor if the consenting child is less than three years the accused’s junior.

Question 5

Murder by poison is statutorily defined as

Answer 5

1st degree murder

Question 6

Conspiracy is completed when

Answer 6

Agreement is made to commit a felony, no overt act requirement

Question 7

Is withdrawal a defense to conspiracy if conspirator alerts police?

Answer 7

No

Question 8

What standard allows police officers to briefly detain and question someone

Answer 8

Reasonable articulable suspicion that criminal activity is afoot

Question 9

What standard allows police officers to briefly detain and question someone

Answer 9

Reasonable articulable suspicion that criminal activity is afoot

Question 10

Standard for police frisk

Answer 10

Reasonable articulable suspicion that you are armed and dangerous and are committing or are about to commit a crime

Question 11

Frisk is limited to a pat down of

Answer 11

person’s clothing

Question 12

Vehicle: if police have Reasonable suspicion that person may gain immediate access to weapon, police may

Answer 12

Search entire passenger compartment, unlock any containers in passenger compartment and frisk that person

Question 13

Does probable cause to search a vehicle give police probable cause to search a passenger?

Answer 13

No, absent probably cause/reasonable suspicion to believe that person is armed and dangerous

Question 14

Conspiracy elements

Answer 14

two or more individuals agree to commit a crime…No overt act requirement in VA…completed when agreement is formed.

Question 15

Attempt

Answer 15

where a D intends to commit a crime, takes a substantial step towards its commission but fails to complete it

Question 16

Robbery

Answer 16

taking and carrying away of another’s PP by force or threatened violence w intent to permanently deprive

Question 17

conspirators are liable for finished crime of co conspirator if

Answer 17

crime was foreseeable even if he was not present

Question 18

Attempt: Abandonment defense

Answer 18

abandonment is not a defense to attempt

Question 19

Abduction occurs where

Answer 19

D by force or intimidation, seizes, takes, transports or detains another w intent to deprive them of their liberty

Question 20

Accessory after the fact

Answer 20

person who knows a felony has been committed and thereby aids or assists a principal in the first degree or accessory before the fact avoid or escape prosecution

Question 21

Principal in the first degree

Answer 21

perpetrator of the actus reus of the crime

Question 22

Principal in the second degree

Answer 22

someone who is present at the commission of the crime, shares the principal in the 1st degree’s intent that the crime be committed or aids abets, encourages, assists or advises a P in the 1st degree in commission of the crime

Question 23

Is concealing a felon after felony’s commission sufficient to warrant a conviction as a P in the second degree?

Answer 23

No, accessory after the fact

Question 24

Accessory before the fact

Answer 24

someone who aids, abets, assists or advises the P in the 1st degree before the commission of a felony

Question 25

Motion to Separate Witnesses

Answer 25

court is required to exclude the witnesses from the courtroom when not testifying except the complaining witness who may remain if it would not impair the conduct of a fair trial

Question 26

Requirements for raising motion to exclude evidence

Answer 26

in writing and filed 7 days before trial

Question 27

An attempt to supress particular items of evidence, such as witness statements of ID or items of physical evidence must be made via

Answer 27

motion to suppress,,,,not motion to strike

Question 28

Can a D raise suppression issues on a m2s?

Answer 28

no

Question 29

Use of Firearm requirement

Answer 29

not required to have eye witness observe the firearm or for firearm to be admitted into evidence….Can be established by circumstantial evidence