Introduction & Preliminary Matters Flashcards
What are the essential elements of crimes?
(a) Physical act
(b) mental state
(c) causation
(d) concurrence
What are specific crimes?
Crimes against person and crimes against property
What is liability for the conduct of others?
Accomplice liabilty
What are the inchoate (“incomplete”) offenses?
(a) solicitation
(b) attempt
(c) conspiracy
What are defenses to crimes?
(a) insanity
(b) intoxication
(c) infancy (minor)
(d) self-defense
(e) necessity and duress
(f) entrapment
(g) mistake of fact / mistake of law
How is jurisdiction generally established?
Criminal law jurisdiction is territorial. So, a crime may be prosecuted in any state where an act that was part of the crime took place or in any state where the result took place.
When may a VA state court exercise jurisdiction?
(1) the offense was committed wholly or partly within the state;
(2) an attempt or conspiracy occurred outside the state and the act was committed within the state; or
(3) an attempt or conspiracy occurred inside the state to commit an offense outside the state.
In Virginia, how is venue determined?
Trial must take place in city or county where the crime occurred.
The Commonwealth may prove where the crime occurred by circumstantial evidence but must prove to the extent of creating a “strong presumption.”
Who has the burden of proving the elements of a crime? What is that burden?
The prosecution must prove each element of the crime beyond a reasonable doubt.
What is the burden of proof regarding defenses to a crime? Are there any exceptions?
Once a defense is raised by the defendant, the prosecution must disprove each element of the defense beyond a reasonable doubt.
Common Law Exception: In most states, the insanity defense must be proven by the defendant by a preponderance of the evidence.
What is a felony?
A crime that may be punished by more than one year in prison.
In VA, there are 6 classes of felonies.
What is a misdemeanor?
A crime for which the maximum punishment may not exceed one year in prison.
In VA, there are 4 classes of misdemeanors.
