Criminal Law/ Criminal Procedure Flashcards
Every unlawful homicide in Virginia is presumed to be
Second degree murder
Involuntary intoxication is a defense as long as IT
serves to negate an element of general and specific intent crimes.
If a person “carnally knows” (which includes sexual intercourse) a child 13 years or older but under 15, he is
Guilty of class 4 felony
If the child consents to sexual intercourse and the accused is a minor, the crime is
reduced to a Class 6 felony if the consenting child is three or more years younger than the accused, or a Class 4 misdemeanor if the consenting child is less than three years the accused’s junior.
Murder by poison is statutorily defined as
1st degree murder
Conspiracy is completed when
Agreement is made to commit a felony, no overt act requirement
Is withdrawal a defense to conspiracy if conspirator alerts police?
No
What standard allows police officers to briefly detain and question someone
Reasonable articulable suspicion that criminal activity is afoot
What standard allows police officers to briefly detain and question someone
Reasonable articulable suspicion that criminal activity is afoot
Police may conduct a frisk if they have
Reasonable articulable suspicion that you are armed and dangerous and are committing or are about to commit a crime
Frisk is limited to a pat down of
person’s clothing
Police may search entire passenger compartment, unlock any containers in passenger compartment and frisk that person if they have
Reasonable suspicion that person may gain immediate access to weapon
Does probable cause to search a vehicle give police probable cause to search a passenger?
No, absent probably cause/reasonable suspicion to believe that person is armed and dangerous
Conspiracy elements
two or more individuals agree to commit a crime…No overt act requirement in VA…completed when agreement is formed.
Attempt
where a D intends to commit a crime, takes a substantial step towards its commission but fails to complete it
Robbery
taking and carrying away of another’s PP by force or threatened violence w intent to permanently deprive
conspirators are liable for finished crime of co conspirator if
crime was foreseeable even if he was not present
Attempt: Abandonment defense
abandonment is not a defense to attempt
Abduction occurs where
D by force or intimidation, seizes, takes, transports or detains another w intent to deprive them of their liberty
Accessory after the fact
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
Principal in the first degree
perpetrator of the actus reus of the crime
Principal in the second degree
someone who is present at the commission of the crime, shares the principal in the 1st degree’s intent that the crime be committed and aids abets, encourages, assists or advises a P in the 1st degree in commission of the crime
Is concealing a felon after felony’s commission sufficient to warrant a conviction as a P in the second degree?
No, accessory after the fact
Accessory before the fact
someone who aids, abets, assists or advises the P in the 1st degree before the commission of a felony