Multiple Choice Q's Flashcards
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
10 years 12 years
the defense must notify the commonwealth of its intent to use the insanity defense at least ___ days before trial
B 60
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
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
True or False: In virginia, a jury verdict must be unanimous to convict
true
what is the outermost time limit for a defendant to withdraw her guilty plea
21 days after entry of final order
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
M’Naghten rule, irresistable impulse test
types of grand juries in vA
special grand jury, regular grand jury
types of grand juries in vA
special grand jury, regular grand jury, multi-jurisdic tional grand jury
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?
clear and convincing evidence
in a criminal case, a defendant’s spouse may be compelled to testify against the defendant
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
second degree murder consists of all murder that is not
capital murder, first degree murder,
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”
subjective viewpoint of the defendant at the time he acted
true or false: A murder committed with malace is first-degree murder in VA
false
sources of VA’s rules regarding crim pro
VA constituion, rules of supreme court of VA< VA code of criminal procedure
requirement for indictment or information
name of accused, city town or county where accused, description of offense charged
requirement for indictment or information
name of accused, city town or county where accused, description of offense charged, on or around a certain date
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
mob
felony murder is any murder committed during the commission of or attempt to commit
burglary, robbery, rape, arson, abduction, sodomy, forced sexual
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
one hour B
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
one hour
sexual intercourse with a child under the age of ____ years is punished as rape
13
if a person is convicted of perjury, she is prohibited from
holding any office of honor, profit, or trust under the constitution of VA< or of serving as a juror
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?
probable cause
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
one year
must show to be successful on a claim that criminal conduct was product of duress
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
virginia has no statute that codifies the common law crime of mayhem. Instead, what resembles it?
malicious wounding
in a prosectuion for grand larceny, the defenant may be convicted of petit larceny if teh value of the property taken is less than
1000
kidnapping synonym
abduction
a regular grand jury consists of not less than ____ or more than ___ persons
5 and 7
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
21
true or false: paying fine or beginning to serve sentence waives the right to appeal from conviction in juvenile or domestic relations district court
false
a grand juror must have been a resident of virginia for
one year
in a felony case, arraignmetn is not necessary when
waived by the accused
in a misdemeaner case, arraingment is not necessary when
waived by the accused or his counsel, or when the accused fails to appear
