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My quick bar study > Quick Crim Law/Crim Pro > Flashcards

Quick Crim Law/Crim Pro Flashcards

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1
Q

Under Modern Law, which offenses merge?

A

solicitation and attempt (except in transfered intent cases), both merge into the completed crime. Conspiracy does not merge into the completed crime.

Under CL, if a person is engaged in conduct constituting both a felony and a misdemeanoer, they could be convicted only of a felony.

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2
Q

What are the specific intent crimes?
- The state of mind required?
AND is it objective or subjective?

A 
1 solicitation
2 attempt
3 conspiracy
4 1st degree premeditated murder
5 Assault (attempted battery)
6 Larceny, Robbery
7 Burglary
8 Forgery
9 FAlse Pretenses
10 Embezzelmant

INtent to engage in proscribed conduct

Subjective

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3
Q

what are the General Intent crimes?
- The state of mind required?
AND is it objective or subjective?

A

1 Battery
2 Rape
3 Kidnapping
4 False Imprisonment

Awareness of acting in proscribed manner

Subjective

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4
Q

What are the malice crimes?-
The state of mind required?
AND is it objective or subjective?

A

Common Law Murder
Arson

Reckless disregard of a known risk

Subjective

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5
Q

What are the strict liability crimes?
The state of mind required?
AND is it objective or subjective?

A

statutory rape
selling liquor to minors
bigamy (some jdxs)

Conscious commission of proscribed act

NA

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6
Q

When is criminal law jdx and venue proper in VA?

A

JDX: VA courts may exercise jdx if the offense was committed wholly or partly in the state
venue: trial must take place in the city or county where the crime occurred. (place of crime can be proved by circumstantial evidence, but must prove a “strong presumption”

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7
Q

What is the burden of proof in criminal cases?

A

prosecution must prove EACH ELEMENT of the crime, beyond a reasonable doubt.

For defenses, once a defense is raised by D, the prosecution must disprove each element of the defense beyond a reasonable doubt. (EXCEPT for INSANITY, most states require it proven by a preponderance of the evidence)

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8
Q

What are the elements of criminal Larceny?

A

1) TAKING (exercising control)
2) Asportation (MOVING - little movement ok, but has to be adverse to owner)
3) Corporal personal property of another (can’t be real estate)
4) from possession of another (someone with a greater right to possession)
5) wrongfully (either without permissions or by deception)
6) with intent to permanently deprive (at the time of the taking-unless intent formed later during continuing trespass)

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9
Q

What are the element of criminal embezzlement?

A

1) Possession of property under trust agreement (has to be more than mere custody)
2) Coversion of that property (use contrary to terms of the agreement)
3) w/intent to defraud (do not need intent to permanently deprive)

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10
Q

What are the elements of False Pretenses?

A

1) obtaining title to property from another
2) by means of a misrepreentation of past or present fact
a) not future facts or unkept promises)
b) failing to correct a misunderstanding
3) w/ intent to defraud

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11
Q

What are the elements of Receiving Stolen Property?

A

1) Receiving (taking possession of property)
2) of property acquired by larceny
3) knowing that proprty is stolen (must be stolen when received)
4) w/ intent to permanently deprive owner

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12
Q

What is robbery?

A

Larceny in which property is taken by either Force, or Threats (imminent, fear of harm, cause reasonable apprehension of immediate harm in a reasonable person)

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13
Q

What are extortion elements?

A

OBTAINING PROPERTY by means of NON-ROBBERY THREATS (threat of non-physical harm, or physcial harm that is not immediate)

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14
Q

Forgery?

A

1) making or altering a writing.
2) so that it is false
3) w/ intent to defraud

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15
Q

Uttering?

A

1) offering as genuine
2) a forged instrument
3) w/ intent to defraud

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16
Q

Malicious Mischeif?

A

1) destroying or damaging someone else’s property, w/intent to defraud

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17
Q

What is larceny in Virginia?

A

Any crime that would be larceny, embezzlement or false pretenses in VA, is called larceny.
- Grand Larceny -
a)$5 or more physically from the person
b) OR taking goods and chattels not from the person worth $200 or more
c) OR taking firearms regardless of value)
b and c also called simple larceny
-Petty Larceny - lesser amounts

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18
Q

What is extortion in Virginia?

A

THREATENING INJURY to the CHARACTER, PERSON or PROPERTY of another OR ACCUSING another of any OFFENSE thereby extorting money, property, pecuniary benefit…..
-Or Sending a note threatening to kill or do great bodily harm to victim or family

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19
Q

What are the elements of Burglary?

A

1) entry (can by by instrument) (can be entry into separate room - if already rightfully in a house)
2) breaking (requires only some force)
3) Dwelling (actually used as sleeping place)
4) at night
5) w/ intent to commit felony (AT time of entry) - does not need to carry out intent to be guilty

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20
Q

Burglary in VA?

A

Federal burglary w/o breaking requirement and nighttime requirement. Expanded places covered and intent

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21
Q

Elements of Arson?

A

a) malicious (awareness of high risk)
b) burning (phsyical damage, by fire)
c) dwelling

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22
Q

Virginia Arson?

A

malicious burning of ANY building. includes explosive devices. BUildings dont include outhouses

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23
Q

elements of criminal battery?

A

1) unlawful
2) application of force
3) resulting in either bodily injury or offensive touching
- mental state = general intent

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24
Q

elements of criminal assault?

A

attempted battery OR intentional creation (by more than just words) of a reasonable apprehension in the mind of the victim of immediate bodily harm
-mental state = specific intent

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25
Q

Elements of Murder?

A

Causation + Malice Aforethought

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26
Q

What is Malice Aforethought for purposes of murder?

A

1) intent to kill OR
2) intent to cause serious bodily harm
3) awareness of a extremely high risk that death will result OR
4) intent to commit felony

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27
Q

What are the elements of felony murder?

A

Accidental deaths caused during commission of a felony are murder.
Exception: if D has a defense to underlying felony, than cannot be felony murder.
The Death must have ben forseeable OR felony must have been dangerous (co-felons are also guilty if death was forseeable to them)

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28
Q

What is Voluntary Manslaughter?

A

intentional killing otherwise murder is reduced to VM, if:

1) objectively reasonable provocation
2) whcih caused the D to Kill
3) D acted before an objectively sufficient colling period

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29
Q

What is Involuntary Manslaughter?

A

killed either in the course of commiting a misdemeanor; or w/ criminal negligence

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30
Q

What are the levels of homicide in virginia?

A

1) Capital Murder: - willful, delibrate, and premeditated murder (under 14 difference aggravating circumstances)
2) 1st Degree
3) 2nd Degree
4) Felony Murder
5) manslaughter

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31
Q

What are the elements of VA, manslaugter?

A
  • voluntary (killing w/o malice-heat of passion) and
  • involuntary (accidental killing during unlawful act - not felony) OR during perfomrance of lawful act amount to criminal negligence
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32
Q

Elements of False Imprisonment?

A

1) unlawful
2) confinement
3) w/o persons consent
- General intent

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33
Q

Elements of Kidnapping?

A

1) Either: confining/restraining or Moving a person

2) without authority of law

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34
Q

Elements of Aggravated Kidnapping?

A

kidnapping w/ purpose to collect ransom OR purpose to commit robbery or rape; or victim is a child

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35
Q

What is Kidnapping in Virginia?

A

If:
1) by force, intimidation or deception
2) without legal justification or excuse
3) seizes, physically detains, takes, transports or secretes
4) another person
5) w/ intent to deprive person of liberty or conceal from another person, authority, institution lawfully entitled to his charge
(MOVEMENT, not required in VA)

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36
Q

What is the VA law on Accomplice liability?

A

1) in felony cases, accesories before the fact and pincipals in the 2nd degress may be convicted and punished in all respcets as the princpal in teh 1st degree (except for murder cases- unless murder for hire)
2) no conviction by principal in 1st degree required, but must be shown crime has been committed
3) Withdrawal - before completion, by acts or words, must be made in due time

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37
Q

What is Attempt? and how is it different in VA?

A

a) go far enough, do something constituing a substantial step towards commission of the crime
b) w/intent to commit the crime

VA distinction: direct act, done w/intent to commit a crime, but which falls shore of completing the crime

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38
Q

What are the general rules about impossibiliuty?

A

‘Legal” impossibility is a defense (if D thinks its illegal but its not), Factual impossibility is not (can’t actually commit the crime, but D thinks he can).

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39
Q

Elements of Solicitation?

A

1) Asking someone to commitan offense

2) with intent that person commit the offense

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40
Q

Elements of Conspiracy?

A

1) entering into an agreement to commit a crime; and
2) w/intent that the crime be committed.
- usually requires OVERT act - does not merge
- all conspirators are guilty if commited in futherance of csheme and forseeable result of scheme
- to withdraw must be communicated to all other members of conspiracy

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41
Q

Ingorance or mistake of Fact defense is only available for which types of crimes?

A

specific intent

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42
Q

When is a mistake of law an available defense?

A

only if a D’s affirmatively believed that the criminal law did not prohibit her conduct is a defense, and: the

1) belief was objectively reasonable
2) the defendant relied upon
a) a statute later held invalid
b) a judicial decision later overuled
c) an official interpretation of the law by a public official
* CANNOT BE BASED ON BAD ADVICE FROM COUNSEL

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43
Q

What is the M’Naughten insanity test?

A

D is entitled to acquittal only if facts show that the time of the crime:

1) d had serious mental disease or defect
2) this caused a defect in his reasoning
3) as a resul, he did not either
a) understand the nature of the act he was doing or understand his act was wrong

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44
Q

For insanity defenses, loss of control is only availble under:

A

1) statutory MPC OR
2) irresistable impulse test
(NOT M’Naughton)

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45
Q

What is the Virginia Insanity law?

A

1) Can use either M’Naughton or irresistable impulse test - The D has the burden of proving, and the jury decided.
2) The D must give the Commonwealth’s attorney written notice at least 60 days prior to trial that it is D’s intent to raise an insanity defense

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46
Q

What is perjury?

A

Willful act of falsely promising to tell the truth, either verbally or in writing, about material matters

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47
Q

What is subornation of perjury

A

Persuading someone else to commit perjury

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48
Q

what is bribery?

A

Corrupt payment of something of value for purposes of influencing an official in the discharge of his official duties
* Modribern law: can bribe non-officials

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49
Q

When can you use non-deadly force in self defense?

A

Any time you reasonably fear an imminent unlawful harm

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50
Q

When can you use deadly force in self-defense?

A

Only if you reasonably believe that deadly force will be used against you

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51
Q

What crime is duress not a defense to?

A

intentional murder

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52
Q

VA: Difference between a principal in the second degree or accessory before the fact

A

P2 is present (or constructively) present, ABF is not

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53
Q

Innocent agent doctrine

A

D causes an innocent person to commit the criminal act; D is guilty of the crime

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54
Q

VA: Capital murder exception

A

Principal commits capital murder. Accomplices are guilty only of first-degree murder.
* Exception: D hires someone to kill V or D orders killing as part of continuing criminal enterprise or act of terrorism

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55
Q

VA: Accessory after the fact

A

1) X actually committed crime
2) Knows X committed crime
3) Receive, comfort, or assist
4) Harbor a fugitive; conceal evidence1) X actually committed crime

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56
Q

VA: Exceptions to AAF

A

Close family members and employees

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57
Q

VA’s two tests for insanity

A

1) Cognitive test: M’Naughten test

2) Volitional test: Irresistible impulse test

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58
Q

Warrantless searches allowed in 8 situtations

A

(1) Exigent circumstances;
(2) Search incident to arrest;
(3) consent; (voluntary and intelligent)
(4) automobile (probable cause to believe that contraband or evidence of a crime will be found in vehicle)
(5) plain view;
(6) inventory;
(7) special needs; (random drug testing)
(8) Terry stop and frisks.

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59
Q

Officer’s good faith overcomes constitutional deficits in probably cause and particularity with 4 exceptions including

A

(1) affidavit so egregiously lacking in probable cause
(2) the warrant is so facially deficient in particularity that officers could not reasonably presume it to be valid;
(3) The affidavit relied upon by the magistrate contains knowing reckless falsehoods; and
(4) the magistrate is bias in favor of prosecution.

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60
Q

Fruit of the Poisonous Tree Exceptions

A

(1) Break in the causal link;
(2) Independent source;
(3) inevitable discovery;
(4) Attenuation from original unlawful event.

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61
Q

Virginia Bail

A

Accused has a right to bail unless there is probable cause to believe the accused:

(1) will not appear for trial; or
(2) poses an unreasonable danger to himself or the public.

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62
Q

Fewest Number of Jurors in VA Criminal Trial

A

Felony: 12
Misdemeanor: 7

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63
Q

What are the unprotected Items (8) where warrantless searches are permissible?

A

(1) Paint Scrapings
(2) Account records
(3) airspace and anything seen below it
(4) garbage left at the curb for collection
(5) voice exemplars
(6) odor
(7) handwriting
(8) open fields

all involve knowing exposure to third parties

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64
Q

Fourth Amendment Protects Individuals from searches and seizures of their

A

(1) persons
(2) houses
(3) papers; and
(4) affects

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65
Q

In VA, when must notice be provided to raise the insanity defense?

A

60 days before trial

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66
Q

If the jury accepts the insanity defense, what is the verdict?

A

Not Guilty By Reason of Insanity (NGRI)

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67
Q

In VA, can an expert testify that d’s mental disease/defect negated his mens rea?

A

No, VA does not recognize “diminished capacity”

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68
Q

VA: Is voluntary intoxication a defense?

A

Generally no, but it can negate the premeditation element of first-degree murder

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69
Q

VA: Second-degree murder

A

Default murder, unless Commonwealth proves elevating facts

70
Q

VA: First-degree murder

A

Murder + premeditation or felony murder

71
Q

VA: Capital murder

A

First-degree murder + any of a number of defined circumstances (ex. killing police officer on duty, killing more than one person in a single episode, etc.)

72
Q

What is required to justify “heat of passion” killing?

A

Adequate provocation, based on objective standard

73
Q

VA: Examples of involuntary manslaughter

A

1) Reckless homicide: wanton disregard of a serious risk of injury or death
2) DUI manslaughter

74
Q

VA: Felony murder

A

1) A killing in the commission of, or attempt to commit

2) A listed predicate felony (arson, rape, abduction, robbery, burglary)

75
Q

VA: Felony homicide

A

Killing in the course of a lesser predicate felony

76
Q

Res gestae theory

A

For felony murder, killing must be connected in time, place, and causation to felony

77
Q

VA: Felony theft

A

Thefts of $200 or more (or $5 from the person) are punishes as felony (i.e., grand larceny)

78
Q

VA: Larceny

A

1) Trespassory taking from the possession of another
2) Carrying away of item
3) Of tangible personal property
4) With intent to permanently deprive the owner of property

79
Q

VA: Embezzlement

A

1) D comes into possession of the property lawfully
2) Converts the property
3) With intent to permanently deprive the owner of the property

80
Q

VA: False pretenses

A

1) Making a false statement of existing fact
2) With the intent to defraud and
3) Statement causes the victim to
4) Pass TITLE to property

81
Q

VA: Robbery

A

1) The taking of personal property
2) From the person or presence of another
3) By force or threat
4) With intent to steal

82
Q

VA: Statutory burglary Includes:

A

1) Nighttime entry without breaking
2) Breaking and entering in daytime
3) Entering and concealing self in daytime
4) At non-dwellings

83
Q

VA: Malicious wounding

A

1) Maliciously
2) Shoot, stab, cut, or wound or cause bodily injury
3) With intent to maim, disfigure, or kill

84
Q

VA: Use or display of firearm during violent felony

A

1) Use or display of a firearm

2) While committing or attempting to commit murder, rape, kidnapping, and other listed felonies

85
Q

VA: Unlawful discharge of a firearm

A

1) Unlawful discharge of a firearm

2) At or against an occupied dwelling or building

86
Q

VA: Abduction

A

Some movement or restraint that is more than necessary for the accompanying crime (robbery, rape, homicide)

87
Q

VA: Conspiracy

A

No overt act required; takes at least two people to conspire

88
Q

Wharton’s Rule

A

When the substantive offense requires agreement by two parties, no conspiracy can exist between those two alone

89
Q

VA: Withdrawal - conspiracy

A

Not a defense in VA, but withdrawal ends Pinkerton liability

90
Q

When D bears some fault in provoking the force against him, when may D use force in defense?

A

1) Retreating as far as possible
2) Announcing an intent to desist, and then
3) Killing out of necessity

91
Q

What happens when D kills out of an actual but objectively unreasonable belief that deadly force is necessary for self-defense?

A

Murder is mitigated to manslaughter

92
Q

Entrapment

A

1) Idea for the crime must originate with law enforcement agent, and
2) D must have not been predisposed to commit crime

93
Q

Statutory crime of receiving stolen property

A

1) Receiving control of stolen property
2) Knowledge that the property stolen
3) Intent to permanently deprive owner

94
Q

Can you be an accomplice when your actions are an essential element of the crime (e.g., selling drugs)?

A

No

95
Q

When you are the initial aggressor of non-deadly force, when do you have the right to self-defense?

A

1) You completely withdraw in good faith and communicate this fact
2) You are met with deadly force

96
Q

May a defendant waive the right to counsel?

-

A

Yes - but it must be:

  1. Voluntary; and
  2. Intelligent
97
Q

How can one appeal a criminal conviction from the Circuit Court?

A
  • Appeal to the Virginia Court of Appeals
  • No appeal of right
  • Court may grant a discretionary review
98
Q

How does the spousal privilege work in Virginia criminal trials?

A
  • The privilege belongs to the testifying spouse
  • Spouses are allowed to testify against each other if they choose
  • Can’t be compelled to testify against spouse
  • Can be compelled to testify on behalf of spouse
99
Q

If a police officer sees a car doing something that the officer then acts upon and pulls the car over, what is the officer’s legal justification for pulling the car?

A
  • May pull car over if officer has a REASONABLE, ARTICULABLE SUSPICION that the driver has committed or is committing a crime (Terry stop)
  • May ask for license, registration, other general questions
  • Can then develop probable cause to arrest or to search
100
Q

If an officer has a reasonable, articulable suspicion to pull a cover over, then develops probable cause to arrest, under what grounds can he search the car?

A
  • Under the automobile exception to the warrant requirement
  • If officer has PC to believe the vehicle contains contraband or evidence of a crime, the officer can search the vehicle w/o a warrant
  • Can search whole car, even trunk
  • Or under a Search Incident to Arrest - can search area of car w/in def’s reach (not glove box)
  • Under SITA, officer must believe the car contains evidence of crime for which arrested
101
Q

If a person arrested for DUI refuses to take a breathalyzer test, can this refusal to take it be admitted against him?

A
  • No - Virginia Code allows a person to refuse a breath test and it not be admitted against him on the DUI charge
  • But, it can be admitted in a separate trial for refusal to take a breathalyzer test
102
Q

What elements are required for Miranda warnings to be necessary?

A
  1. Custody; and
  2. Interrogation
    - If this is present, defendant must have been read Miranda warnings or any statements made during custodial interrogation will be suppressed as a violation of the 5th Am.
103
Q

If a defendant believes a warrantless arrest violated his 4th Am rights, how should a court rule on his motion to dismiss the charge?

A
  • Court should deny a motion to dismiss b/c this is the improper remedy
  • Defendant should file a motion to suppress the evidence that resulted from the warrantless search; motion to dismiss is improper
104
Q

When may an officer validly make an arrest w/o a warrant?

A
  • When the officer has probable cause to believe the person committed a crime
  • Can arrest for misdemeanor or felony if PC to believe committed
105
Q

What is meant by Probable Cause?

A
  • Reasonably trustworthy facts and circumstance sufficient to warrant a reasonably prudent person to believe a crime was committed
  • Case-by-case determination; Totality of the Circumstances standard
106
Q

What is the Automobile Exception?

A
  • For a search to be valid under the 4th Am, the search must be conducted pursuant to a valid warrant
  • However, several exceptions allow for warrantless searches, one being the automobile exception
  • A car may be searched w/o a warrant when officers have PC to search
  • PC exists if officers believe the car contains contraband, instrumentalities, or evidence of a crime
  • Search can extend to any part of the car where PC exists, including the truck
107
Q

What is the “Wigmore” Rule?

A
  • Virginia follows this - for CONFESSIONS to be valid the Comm Atty must show:
    1. by a preponderance of the evidence
    2. that the statement was:
    a. knowing;
    b. voluntary; and
    c. intelligent
  • Totality of the circumstances
108
Q

The defendant’s atty wants to get copies of statements or confessions made by the defendant. Can the atty get these? What is required?

A
  • Yes - must file a motion to compel production
  • 2 requirements:
    1. Discoverable items must be relevant; and
    2. Known to the Comm Atty to be w/in the possession, control, or custody of the Comm
109
Q

What must a person have to object to a search or seizure under the 4th Am?

A
  • Must have STANDING; meaning that his own REOP must have been violated
  • Whether one’s REOP has been violated is determined on a case-by-case basis, but factors include:
    1. ownership of the place searched; and
    2. ownership of the location of the item seized
110
Q

How must a defendant properly make a motion to exclude evidence (motion to strike evidence at the end of Comm’s case in chief)?

A
  • By a motion filed in writing before trial and with notice given to opposing counsel no later than 7 days before trial in the circuit ct
  • Ct has discretion to allow these motions during trial, but proper method is before
111
Q

If a juvenile is convicted in Circuit Court, how must the juvenile be sentenced?

A
  • By the judge alone and not with any influence from the jury
112
Q

Under what test does Virginia apply Double Jeopardy?

A
  • Under the “Blockburger” test

- Double Jeopardy does not apply where each offense has an element that the other does not

113
Q

The probable cause to arrest standard requires that a police officer have __________ of reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to __________ that the suspect has committed or is committing a crime for which arrest is authorized by law.

A

knowledge; believe

114
Q

The search incident to arrest exception to the warrant requirement applies after:

A

any constitutional arrest

115
Q

For felony murder to apply, The killing mu be committed during the course of the felony, the felony must be independent of the killing, and ______

A

the death must have been a foreseeable result of the felony.
felony murder generally does not require that the D be convicted of the underlying felony.

116
Q

In most states, murder is of the second degree, but the murder is of the first degree when:

A

deliberation and premeditation can be shown, or the killing occurred during an enumerated felony

117
Q

What is true regarding the provocation required to reduce murder to manslaughter regarding the provocation element?

A

The provocation must be such as to raise a sudden and intense passion in the mind of an ordinary person, and the defendant must have in fact been provoked.

118
Q

Which of the following statements is true about the right to remain silent under Miranda?

A

The police may reinitiate questioning if they scrupulously honor a request to remain silent.

119
Q

Describe the sufficient intent to convict a defendant of an attempted crime?

A

The intent to perform an act and obtain a result that, if achieved, would constitute a crime.

120
Q

Traditionally, what is a defense to solicitation?

A

The solicitor is exempt from liability for the completed crime.

121
Q

Taking goods that are not for sale with_________________ DOES constitute larceny.

A

intent to pay the owner

122
Q

Under the Model Penal Code, consciously disregarding a substantial and unjustifiable risk indicates a person acted:

A

recklessly

123
Q

Which of the following is available as a defense to specific intent crimes but not general intent crimes?

A

voluntary intoxication

124
Q

The privilege against self-incrimination is waived by a defendant when she takes the stand, but only to the extent__________

A

that she is subject to cross-examination

125
Q

A witness subpoenaed to testify before a grand jury has no right to:

A

Counsel in the courtroom, Miranda warnings, or warnings that she is a potential defendant

126
Q

An ineffective assistance of counsel claimant must show deficient performance and:

A

that the result of the trial would have been different but for the deficient performance

127
Q

after invoking the right to counsel during interrogation,

A

all questioning must cease. Even questioning about a separate offense

128
Q

In VA, Every person _______________must have a sample of his blood taken for DNA analysis.

A

convicted of a felony

129
Q

In VA - A battery where the defendant knew that the victim was a teacher of a private elementary school and was engaged in the performance of his duties - is an example of simple assault or battery where

A

there are minimum terms of confinement

130
Q

In Va - Which of the following facts would increase malicious wounding to aggravated malicious wounding?

A The victim suffers permanent and significant physical impairment.
B There was an intent to disfigure the victim.
C
There was an adulteration of food or other substances.
D There was injury to a child by a parent, with intent to cause permanent injury.

A

The victim suffers permanent and significant physical impairment.

131
Q

Which of the following is a separate statutory offense in Virginia?

A Stabbing while committing a misdemeanor.
B Shooting while committing a felony.
C Verbal threats while committing a felony.
D Displaying a firearm in a threatening manner while committing a misdemeanor.

A

shooting while committing a felony

132
Q

In Virginia, felony murder includes a killing that occurs accidentally during the commission of a serious felony where the death_______

A

results from the acts of the felon.

133
Q

n Virginia, sexual intercourse with a child ____________________ is punished as rape.

A

13

134
Q

In Virginia, which of the following statements is false?

A False swearing on voir dire is perjury.
B A person convicted of perjury may hold office under the Virginia Constitution.
C A person convicted of perjury may never serve as a juror.
D Perjury may involve testimony about any material matter or thing.

A

A person convicted of perjury may hold office under the Virginia Constitution.

135
Q

In VA - Appeals in misdemeanor cases where no incarceration is imposed are______.

A

final

136
Q

In VA - The jurisdiction of a circuit court for criminal cases includes:

A

Original jurisdiction over all felonies and indictments for misdemeanors.

137
Q

in VA - A motion to suppress evidence as illegally seized _____ be renewed at _____

A

can; multiple stages of the proceedings.

138
Q

In VA - A warrantless arrest is valid for an alleged misdemeanor not committed in an officer’s presence involving assault and battery when the arrest is based on ________________

A

probable cause

139
Q

In VA - discovery involving statements, confessions, and reports is obtainable by the defendant’s___________________

A

filed written motion

140
Q

In VA - what is the effect of the Wigmore Rule?

A

The accused may request that the court determine the admissibility of a confession out of the hearing of the jury.

141
Q

In VA, a defendant’s spouse)_____testify before a magistrate regarding an application for a search warrant.

A

may

142
Q

in Va - A court of record, in a misdemeanor case, may hear and determine the case without a jury when____

A

When the accused pleads not guilty, with the consent of the accused and the commonwealth attorney.

143
Q

in VA - A court of record, in a felony case, may hear and determine the case without a jury:

A

When the accused personally tenders a guilty plea.

144
Q

In Va - An unreasonable refusal to submit to a blood alcohol test ____admissible in evidence on a charge of driving while intoxicated for the sole purpose of ________________

A

is; explaining the absence of a chemical test.

145
Q

In va -____________may present victim impact statements during the sentencing phase.

A

close relatives

146
Q

In VA - If a juvenile offender is charged with an act that would be a felony if committed by an adult, the juvenile may be tried by who?

A

the juvenile and domestic relations court or be transferred to the circuit court for trial as an adult.

147
Q

A juvenile may be committed as a “serious offender” if found guilty of an offense that would be a felony if committed by an adult, and the juvenile:

A

Is charged with an offense that is punishable by a term of confinement of greater than 20 years.

148
Q

If an accomplice shoots someone during the act of a felony, the D can be convicted of______

A

Felony Murder

149
Q

What are the elements of larceny by trick

A

a normal larceny + fraud. Watch out for MBE answers w/embezzlement. If the property was obtained fraudulently, it can’t be embezzelement

150
Q

What are the elements to be convicted under accomplice liability?

A

1) intent to assist principle
2) principle actually commits crime
3) actually aids councils or encourages principal before or during the commission of the crime

151
Q

What is needed to be convicted of an attempt crime?

A

must have actual specific intent to cause crime.

152
Q

Does the exlcusionary rule apply in grand jury settings?

A

no- it is premature to exclude evidence for grand jury. illegally seized evidence is admissible in grand jury proceedings.

153
Q

Passenger of a car has no standing to sue for illegal search of the trunk because

A

it would not violate your reasonable expectation of privacy

154
Q

What is the model penal code test for insanity?

A

1) D could not appreciate the criminality of killing the acquaintence, or he could not conform his conduct to the requirements of the law

155
Q

Involuntary intoxication is not a defense for prescribed drug, IF

A

the D was warned about delusional side effects

156
Q

what’s the quick way to distinguish between larceny by trick and false pretenses?

A

Look at victim’s intent. If a victim intends to convey only possession of the property to the defendant, the offense is larceny by trick. However, if the victim intends to convey title, the offense is false pretenses.

157
Q

Jeopardy does not attach if the D_________the retrial.

A

initiates the retrial.or for a hung jury

158
Q

What are the elements of conspiracy?

A

1) agreement between 2 or more people
2) an intent to enter into an agreement
3) intent to achieve the unlawful objective of the agreement (even if they think the crime lis legal) mistake of law not a defense

159
Q

Does the exclusionary rule apply violation of knock and announe rule?

A

NO. remedy is not suppression of evidence here. Says the Supreme Court of the land

160
Q

Probationers have a d__________ expectation of privacy and the government has a ____________need for searching probationers

A

Diminished

Heightened

161
Q

What is written accusation of crime or a complaint for forfeiture of property or money prepared and presented by a competent public official upon his oath of office?

A

Information

162
Q

What is the recitation to the accused of the charge on which he will be tried and calling on him to plead in open court called?

A

Arraingment

163
Q

CAn you be convicted of larceny if you take an item from someone who obtained the item illegally?

A

yes. because larceny is a trespass against POSSESSION NOT OWNERSHIP

164
Q

The doctrine of transferred intent does not apply to which type of crimes?

A

ATTEMPT

165
Q

Miranda warnings carry an implicit assurance about silence, what is that?

A

That D’s silence will carry no penalty.

166
Q

Felony murder - the felony must be independant of____________

A

the killing. Generally. (also poisoning is not considered a felony for purposes of the MBE)

167
Q

The death penalty may not be imposed for an accomplice ______________

A

who did not attempt or intend to take life or intend that lethal force be employed.

168
Q

Because undercover confessions (if ilicited by police) are considered custodial interrogation, such confessions would only be inadmissible if:

A

The Defendant had already been charged with the crime he confessed to, and 6th amend counsel rights had attached.

169
Q

A defense to felony murder could be______because__________

A

volountary intoxication;

because if intoxicated, could not form the requisite intent to commit a felony.

170
Q

What is the reasoning a Def is not convicted of felony murder when the victim is a co-felon?

A

Because most courts (VA) would consider the death to be JUSTIFIABLE HOMICIDE.

171
Q

6th amend Right to counsel is available in misdemeanors, ONLY when___________

A

imprisonment is actually imposed.

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