Key Rules Flashcards
One who intends to commit a crime and commits a direct, but ineffectual acts towards commission of the crime, has committed…
the crime of an attempt.
No Virginia case recognizes abandonment as a defense to the crime of…
attempt.
HYPO: Tom & Jerry agreed to commit separate bank robberies. At the same time on the same day, Jerry drove to the First National Bank and robbed it while Tom went to Bluewater Bank, intending to rob it. Tom, with a toy gun concealed in his coat pocket, walked to a teller window. He was so nervous that all he could do was whisper to the teller, “This is a robbery.” The teller said, “I’m sorry. I didn’t hear what you said.” At that point, Tom turned, rushed back outside without getting any money, took out his cell phone, and sent Jerry a text message saying, “I can’t do it. I’m outta here.” He boarded a bus for Richmond and didn’t return to the bank. Jerry was arrested and confessed to the robbery of First National, and also told police about what Tom had done at Bluewater Bank. Police arrested Tom and charged him with attempted robbery. What result is most likely?
Guilty – because all the elements of attempted robbery are present.
Where a defense attoney will make a Motion to Suppress evidence in the Circuit Court, his motion:
(1) Must be in writing;
(2) Must be filed no later than 7 days before the trial; and
(3) Must be noticed to the prosecution.
In a criminal trial, where either attorney makes a Motion to Separate the Witnesses, the witnesses…
shall be excluded from the courtroom when not testifying, except the victim, who may remain if it would not impair the conduct of a fair trial.
The court is required to grant this.
(TRUE/FALSE): To sustain a conviction for Conspiracy to Robbery, proof of an overt act in futherance of the conspiracy is necessary for a conviction.
FALSE.
In Virginia, the crime of conspiracy is complete when the parties agree to commit an offense; no overt act in furtherance of the underlying crime is necessary.
An attempt to suppress particular items of evidence, such as witness statements of identification or items of phyiscal evidence must be made by a motion to…
suppress.
Probable cause is…
a reasonable blievef that a crime has been committed and that a particular person committed it.
Probable cause is a ____ standard.
common-sense
Can evidence that is already admitted later be suppressed?
No
Does the judge have discretion to hear a motion to suppress that is not filed timely?
Yes.
But they could also rule that the motion has been waived.
A suspect’s identification is not violative of due process if there is…
ample substantiation as to the suspect’s identity to satisfy the probable cause standard.
Motions to strike made at the conclusion of the Commonwealth’s case-in-chief are viewed in a light…
most favorable to the Commonwealth, with all reasonable inferences drawn in favor of the Commonwealth.
(TRUE/FALSE): The existence and use of a firearm during the commission of a crime can be established by circumstantial evidence.
TRUE.
It is not necessary that the victim saw the firearm, nor that one be admitted into evidence at trial.
A “show-up” identification procedure is not overly suggestive when the witness has…
sufficient time and ability to look at the suspect and is not pressured into identifying someone.
