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VA BAR EXAM > Criminal Law (VA) > Flashcards

Criminal Law (VA) Flashcards

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1
Q

Virginia courts may exercise jurisdiction over a criminal offense if:

A

1) the offense was committed wholly or partly in Virginia;
2) there is an attempt or conspiracy outside Virginia plus an act in Virginia; or
3) there is an attempt or conspiracy inside Virginia to commit an offense outside Virginia

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2
Q

Are traffic offenses deemed criminal offenses?

A

No, they are violations of public order.

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3
Q

If no punishment or no maximum punishment is prescribed, the offense is punishable as

A

A Class 1 misdemeanor

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4
Q

Who is a principal in the first degree?

A

The criminal actor, the one who commits the crime(s).

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5
Q

Can a person be a principal in the first degree even if they are not present at the time and place of the offense?

A

Yes, they can commit a crime as a principal in the first degree through an innocent agent.

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6
Q

Who is a principal in the second degree?

A

One who is present at a crime’s commission AND also commits some overt act (such as inciting or advising in the commission of the crime) or shares the perpetrator’s criminal intent.

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7
Q

Who is an accessory before the fact?

A

One who orders, counsels, encourages, or otherwise aids and abets another to commit an offense, but is not present when the offense is committed.

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8
Q

Who is an accessory after the fact?

A

One who knows an offense has been committed and assists the felon in escaping punishment.

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9
Q

Who is excluded from liability as an accessory after the fact?

A

Close family members

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10
Q

In felony cases, every principal in the second degree and accessory before the fact may be indicted, tried, convicted, and punished in all respects as if they were

A

the principal in the first degree

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11
Q

Is a conviction for P1 required for a conviction of P2 or ABF?

A

No; however, it must be shown that P1 committed the crime.

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12
Q

Is circumstantial evidence sufficient for P2 and ABF liability?

A

Yes. Further, a jury may convict the defendant as an ABF based on the totality of the evidence.

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13
Q

How does a person effectively withdraw from a crime to escape liability for further criminal acts?

A

A person must show the other parties involved, by words or actions, that the person disapproves of or opposes the commission of the crime and must try to prevent its consummation

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14
Q

What is a conspiracy?

A

A conspiracy is an agreement between two or more persons, with intent to agree to commit a felony.

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15
Q

Is an overt act required to establish conspiracy in Virginia?

A

No.

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16
Q

Is proof of an explicit agreement required to establish conspiracy in Virginia?

A

No

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17
Q

What statements are admissible against all parties to a conspiracy?

A

Any statement made by a conspirator during and in furtherance of the conspiracy is admissible against all other members of the conspiracy.

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18
Q

In Virginia, a defendant cannot be convicted of conspiracy with who?

A

A police officer or an informant. All parties must be guilty

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19
Q

If a defendant is acquitted of the substantive offense, can they be subsequently prosecuted for conspiracy to commit the offense?

A

No, subsequent conspiracy prosecution is barred where a defendant was acquitted of the substantive offense.

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20
Q

What is an attempt crime?

A

An act done with intent to commit a crime that falls short of completing the crime.

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21
Q

Is factual impossibility a defense to attempt crimes in Virginia?

A

No

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22
Q

What is solicitation?

A

Involves a person intentionally asking, enticing, or encouraging another person to commit a crime

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23
Q

In VA, what other crimes under common law may be charged as larceny?

A

Any crimes that would be larceny, embezzlement, or false pretenses

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24
Q

How does Virginia judge insanity?

A

The defendant can choose between the M’Naghten Rule and the irresistible impulse test.

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25
Q

What is arson in Virginia?

A

The malicious burning or destruction of any building

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26
Q

What are the elements of the M’Naghten Rule?

A

1) at time of crime Defendant had serious mental illness
2) causing defect in reasoning
3) such that defendant did not understand the nature of act or that act was wrongful

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27
Q

What is the procedure for an insanity defense?

A

Defendant must provide written notice to prosecutor at least 60 days before trial and burden is on the defendant

28
Q

Is voluntary intoxication a defense in VA?

A

No, not even for specific intent crimes. However, it may negate the deliberate premeditated element necessary for an aggravated murder conviction.

29
Q

Is intoxication sufficient to disprove premeditation?

A

No, mere intoxication is not sufficient to disprove premeditation

30
Q

In VA, what are the infancy rules?

A

1) Age 14+ may be sentenced as an adult
2) Age 7-14 rebuttable presumption of incapacity that grows weaker as age increases
3) 7 and younger assumed incapable of forming intent to commit a crime

31
Q

In VA, can prosecution use prior crimes to show predisposition to rebut an entrapment defense? If so, when?

A

Yes, the crime must be close in time, similar to the crime charged, and the probative value has to outweigh the prejudicial effect.

32
Q

In VA, is there a duty to retreat before use of non-deadly force?

A

No; however, the force used must be reasonable under the circumstances from the subjective viewpoint of the defendant.

33
Q

In VA, when is deadly force a justifiable defense?

A

the person using deadly force must be without fault and show that:
1) the person reasonably believed they were being threatened with imminent danger of death or great bodily injury, and
2) the deceased had performed some overt act that made the accused believe they were in imminent danger.

34
Q

In VA, is there a duty to retreat before use of deadly force?

A

No, unless the defendant was at fault or provoked the aggressor; then the defendant must retreat as far as safely possible before using deadly force.

35
Q

In Virginia, is there a duty to retreat on your own premises?

A

No, but the force must be reasonable.

36
Q

In VA, may an aggressor use self-defense?

A

Yes, but only after total abandonment of the original attack.

37
Q

In VA, can deadly force be used to defend property?

A

No.

38
Q

In VA, what are the elements of an entrapment defense?

A

1) Criminal design originated with police; and
2) Defendant was not predisposed to commit crime before contact with police (but not when police merely provide the opportunity to commit crime)

39
Q

What crimes do the duress defense apply to?

A

All crimes except intentional homicide

40
Q

What are the elements of a duress defense?

A

Defendant must show:
1) a reasonable belief that the action was necessary to avoid imminent threatened harm;
2) a lack of other adequate means to avoid the threatened harm; and
3) a direct causal relationship that may be reasonably anticipated between the action taken and the avoidance of the harm

41
Q

What is criminal assault?

A

Placing another in apprehension of immediate offensive touching, or attempted battery.

42
Q

What is criminal battery?

A

The unlawful application of force resulting in bodily injury or offensive touching.

43
Q

What is malicious wounding?

A

The malicious shooting, stabbing, etc., with intent to maim, disfigure, or kill.

44
Q

What is aggravated malicious wounding?

A

When the victim of the malicious shooting, stabbing, etc, with intent to maim, disfigure, or kill, is severely injured and suffers permanent and significant physical impairment.

45
Q

What is first degree murder?

A

any willful, deliberate, and premeditated killing that does not fall within aggravated murder; or felony murder

46
Q

What is felony murder?

A

A death (intentional or accidental) that arises from the commission or attempt to commit arson, rape, forcible sodomy, object sexual penetration, robbery, burglary, or kidnapping.

47
Q

What is felony homicide?

A

accidental and committed in the course of a non-enumerated felony

48
Q

What is transferred intent?

A

Intent is transferred from the intended target to the actual target

49
Q

Does Virginia follow the Year and a Day rule?

A

No. In VA, a prosecution for murder or manslaughter may be brought regardless of the amount of time that has passed between the act or omission that caused the death and the victim’s death

50
Q

What is voluntary manslaughter in Virginia?

A

An unlawful killing without malice

51
Q

In Virginia, what is involuntary manslaughter?

A

An accidental killing, contrary to the intent of the parties, while committing: 1) an unlawful but not felonious act, or 2) an act amounting to criminal negligence.

52
Q

In Virginia, what is kidnapping (abduction)?

A

A person is guilty of kidnapping when the person:
1) by force, intimidation, or deception;
2) without legal justification or excuse;
3) seizes, physically detains, takes, transports, or secretes another person;
4) with intent to deprive that person of liberty or withhold them from one entitled to their charge

asportation of the victim from one place to another is not required if all other elements are present

53
Q

In Virginia, how long may a merchant detain a suspected shoplifter?

A

for up to 1 hour

54
Q

What are the elements of rape in Virginia?

A

1) sexual intercourse or causing someone to engage in sexual intercourse;
2) against their will by force, threat, or intimidation
3)through mental incapacity or physical helplessness; or
4) who is a child under age 13

55
Q

What is the Rape Shield Statute?

A

No evidence of the complainant’s prior sexual conduct is admissible unless:
1) the complainant agrees; or
2) it is relevant and offered to prove an alternative explanation of physical evidence of the offense charged, consent, or rebuttal

56
Q

Burglary consists of:

A

1) entering at night with or without breaking, or entering in daytime by breaking, or entering and concealing oneself;
2) within a dwelling, office, shop, warehouse, etc.;
3) with intent to commit a felony (may be inferred from an unauthorized presence)

57
Q

What is obstruction of justice?

A
  1. The attempt to intimidate a witness, officer of the court, or law enforcement officer; or
    2) knowingly and willfully make material false statements or representations to a law enforcement officer who is conducting an investigation of a crime allegedly committed by another party
58
Q

What is perjury?

A

1) willfully lying under oath about a material matter; or
2) when a person knowingly, and with the intent to testify falsely, gives differing testimony regarding the same material matter while under oath on two separate occasions.

59
Q

How can a person be convicted of perjury under the perjury statute that provides “a person is guilty of perjury if the person willfully swears falsely regarding a material matter while under a lawfully administered oath”?

A

1) 2 witnesses who testify to the falsity of the defendant’s statements; or
2) 1 witness whose testimony is proved by corroborating evidence

60
Q

What is subornation of perjury?

A

Inducing another to give false, material testimony

61
Q

What is bribery?

A

A corrupt offer of a gift to a public official or candidate with the intent to influence official acts.

62
Q

What is personal trespass by computer?

A

Unauthorized use of a computer or computer network with intent to cause physical injury to another.

63
Q

What is robbery?

A

The taking, with intent to steal, of the personal property of another, from their person or in their presence, against their will by violence or intimidation.

64
Q

What is embezzlement?

A

The fraudulent conversion of property by a person to whom the property was entrusted, with intent to deprive the owner thereof

65
Q

What is the crime of false pretenses?

A

Obtaining money or property from a person by means of lies, deceit, or false statements with the intent to defraud. Both title and possession of the property must pass from the victim to the defendant.

66
Q

What is a felony?

A

A crime that can be punished by death or imprisonment for more than 1 year.

VA BAR EXAM (15 decks)

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