Punishment

Question 1

How is punishment for a crime determined?

Answer 1

The jury decides punishment as prescribed by law in a separate sentencing proceeding following determination of guilt of a felony.

Question 2

It is not permitted for a jury to grant…

Answer 2

suspension of sentences or probation.

Question 3

The judge is not bound by a jury’s…

Answer 3

recommendation of leniency.

Question 4

If the case was tried without a jury, sentence is given by…

Answer 4

the court.

Question 5

The sentence imposed by the jury is not outside the control of the judge since…

Answer 5

he may suspend all or a portion of it.

Question 6

Do sentences to confinement for two or more offenses run concurrently?

Answer 6

No, unless expressly ordered by the court.

Question 7

Pending pronouncement (sentencing), the accused may be…

Answer 7

committed to jail or released on bail, except when convicted of Murder 1.

Question 8

Before pronouncement, tha accused is permitted to…

Answer 8

make a statement.

Question 9

The can the court do with regards to the jury’s sentence?

Answer 9

The court may suspend the sentence in whole or in part and may place the convict on probation.

Question 10

Courts not of record have jurisdiction to try…

Answer 10

misdemeanors that arise in the respective county or city for which they were created and to try violations of ordinances, laws, and bylaws of that county or city.

Question 11

In courts not of record, the accused is normally tried upon a…

Answer 11

warrant.

Question 12

What is the accused’s right to appeal from a court not of record?

Answer 12

Upon conviction, the accused has an absolute right to appeal within 10 days from such conviction,whether or not such conviction was upon a plea of guilty.

Question 13

In effect, an appeal to the circuit court from a court not of record acts as…

Answer 13

a trial de novo in the circuit court, but the record of the prior trial, other than statements or admissions, may not be introduced.

Question 14

What is the rule regarding Circuit Court appeal rulings?

Answer 14

The sentence at the new trial may be greater than that adjudged at the court not of record. However, the defendant may not be tried for a more serious charge in the trial de novo.

Question 15

What is a writ of habeas corpus?

Answer 15

civil trial where defendant is plaintiff suing the government because basis of holding the defendant is unconstitutional conviction unconstitutional or manner of holding the defendant is improper or unconstitutional or hazardous to the defendants health

Question 16

A petitioner may raise deprivations of constitutional rights when asserting WOHC, but lacks standing to….

Answer 16

raise nonjurisdictional defects which, although he had full opportunity, he failed to assert at his trial and upon appeal of his conviction.

Question 17

Is there a right to counsel for a writ of habeas corpus?

Answer 17

No, appointment is within the discretion of the court.

Question 18

What is a writ of actual innocence?

Answer 18

The Virginia S. Ct. may issue a writ of actual innocence based on new testing of biologival evidence that exculpates a person convicted of a serious felony or adjudicated delinquent for felonious behavior.

Question 19

Where must a petition/hearing for HC be filed?

Answer 19

b. Case filed in court where defendant was originally sentenced, except in death penalty cases which go straight to the supreme court

Question 20

Who has a right to seek a writ of error following a decision by the trial court on a WOHC?

Answer 20

Both the petitioner and the Commonwealth.

Question 21

If the WOHC is granted, the Commonwealth has the power to…

Answer 21

retry the petitioner on the original charges after the hapeas corpus relief has been granted.

Question 22

If the petition for WOHC s denied, who pays for the costs of the proceeding and the attorneys’ fees of appointed counsel?

Answer 22

The petitioner.

Question 23

The juvenie and domestic relations courts have exclusive original jurisdiction over…

Answer 23

matters of juvelines under 18 accused of committing delinquent acts that would be crimes if committed by an adult.

Question 24

The Juvie/domestic relations courts also has jurisdiction to try…

Answer 24

misdemeanor cases involving family household members who commit crimes against each other and to conduct preliminary hearinng in felony cases involving family and household members where the victim is younger than 18.