Multiple Choice Q's

Question 1

there is a rebuttable presumption that a juvenile over the age of ____ but less than ____ of age does not possess the physical capacity to commit rape

Answer 1

10 years 12 years

Question 2

the defense must notify the commonwealth of its intent to use the insanity defense at least ___ days before trial

Answer 2

B 60

Question 3

A confession is involuntary if the police use any of the following actions and overbear the accused’s will to resist and bring about a confession not freely determined

Answer 3

force, threats of violence, lenghhy period of being held incommunicado, use of drugs, engendering hope of benefit, artifice or trick, and threats of worse treatment

Question 4

True or False: In virginia, a jury verdict must be unanimous to convict

Answer 4

true

Question 5

what is the outermost time limit for a defendant to withdraw her guilty plea

Answer 5

21 days after entry of final order

Question 6

virginia applies the following tests to determine whether, at the time of the crime, the defendant was so mentally ill as to be entitled to acquittal

Answer 6

M’Naghten rule, irresistable impulse test

Question 7

types of grand juries in vA

Answer 7

special grand jury, regular grand jury

Question 8

types of grand juries in vA

Answer 8

special grand jury, regular grand jury, multi-jurisdic tional grand jury

Question 9

if there are subsequent confessions following an involuntary confession, there is a rebuttable presumption that these later confessions are also tainted. What is the standard of proof to overcome?

Answer 9

clear and convincing evidence

Question 10

in a criminal case, a defendant’s spouse may be compelled to testify against the defendant

Answer 10

in a prosecution for an offense committed by one against the other or against a minor child of either, sexual assault, or charge that one spouse forged the other’s signature

Question 11

second degree murder consists of all murder that is not

Answer 11

capital murder, first degree murder,

Question 12

in VA< a defendant generally may use physical force to defend himself if there is a reasonable appearance that the use of force is jutified. How do VA courts determine “reasonable appearance”

Answer 12

subjective viewpoint of the defendant at the time he acted

Question 13

true or false: A murder committed with malace is first-degree murder in VA

Answer 13

false

Question 14

sources of VA’s rules regarding crim pro

Answer 14

VA constituion, rules of supreme court of VA< VA code of criminal procedure

Question 15

requirement for indictment or information

Answer 15

name of accused, city town or county where accused, description of offense charged

Question 16

requirement for indictment or information

Answer 16

name of accused, city town or county where accused, description of offense charged, on or around a certain date

Question 17

a ____ is defined as any collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person, without authority of alw

Answer 17

mob

Question 18

felony murder is any murder committed during the commission of or attempt to commit

Answer 18

burglary, robbery, rape, arson, abduction, sodomy, forced sexual

Question 19

how long may a merchant who has PC to believe that a person has shoplifted on the merchant’s premises detain that person pending the arrival of a law enforcement officer

Answer 19

one hour B

Question 20

how long may a merchant who has PC to believe that a person has shoplifted on the merchant’s premises detain that person pending the arrival of a law enforcement officer

Answer 20

one hour

Question 21

sexual intercourse with a child under the age of ____ years is punished as rape

Answer 21

13

Question 22

if a person is convicted of perjury, she is prohibited from

Answer 22

holding any office of honor, profit, or trust under the constitution of VA< or of serving as a juror

Question 23

bail can be revoked upon a finding that the accused or juvenile will not appear or will constitute an unreasonable danger while at liberty, what is standard of proof?

Answer 23

probable cause

Question 24

any person who threatens to kill or injure another or to commit violence against another’s property or to trespass upon his property will be required to give a recognizance to keep the peace for a period not to exceed what length of time

Answer 24

one year

Question 25

must show to be successful on a claim that criminal conduct was product of duress

Answer 25

1) reasonable beolief that aciton was necessary to avoid an imminent threatened harm
2) lack of other adequate means to avoid the threatened harm
3) direct causal relationship that may be reasonably anticipated between the action taken and the avoidance of the harm

Question 26

virginia has no statute that codifies the common law crime of mayhem. Instead, what resembles it?

Answer 26

malicious wounding

Question 27

in a prosectuion for grand larceny, the defenant may be convicted of petit larceny if teh value of the property taken is less than

Answer 27

1000

Question 28

kidnapping synonym

Answer 28

abduction

Question 29

a regular grand jury consists of not less than ____ or more than ___ persons

Answer 29

5 and 7

Question 30

if the jury returns a verdict of guilty, the court may, on motion of the accused made not later than ___ after the entry of a final order, set aside the verdict for error committed during the trial

Answer 30

21

Question 31

true or false: paying fine or beginning to serve sentence waives the right to appeal from conviction in juvenile or domestic relations district court

Answer 31

false

Question 32

a grand juror must have been a resident of virginia for

Answer 32

one year

Question 33

in a felony case, arraignmetn is not necessary when

Answer 33

waived by the accused

Question 34

in a misdemeaner case, arraingment is not necessary when

Answer 34

waived by the accused or his counsel, or when the accused fails to appear