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VA Criminal Law > Rules on Past Exams > Flashcards

Rules on Past Exams Flashcards

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1
Q

What is the rule for possession of a contraband?

A

Actual or constructive possession of the contraband with knowledge of its character by one who exercises dominion and control over the contraband..

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2
Q

What is constructive possession?

A

Acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the accused was aware of both the presence and character of the contraband and that it was subject to his dominion and control.

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3
Q

What is the rule for possesion of a controlled substance when the drug is found somewhere other than on the defendant’s person?

A

Although a controlled substance may be within a defendant’s reach, mere proximity to an illicit drug is not sufficient to prove possession. The prosecution must also prove the defendant knew the drug was present.

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4
Q

_________ need not be proved for a possession conviction; thus, someone else’s fingerprints can be on the contraband and the defendant can still be convicted of possession.

A

Ownership

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5
Q

To prove constructive possession, the prosecution must provide..

A

A link between the alleged conduct and the contraband with no reasonable exculpatory explanation. (BARD)

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6
Q

o present a prima facie case of possession of a firearm by a convicted felon, the Commonwealth must prove that…

A

the defendant is a convicted felon who is not permitted to possess a firearm, and that he (knowingly or constructively) possessed the firearm.

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7
Q

To be convicted of felony murder, it doesn’t matter if…

A

the parties initially agreed not to hurt anyone.

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8
Q

Felony murder is…

A

Murder which is contrary to the intention of the party, which occurs during the commission of a separate, dangerous felony.

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9
Q

Guilt can be proven by…

A

circumstantial as well as direct evidence.

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10
Q

Merger of conspiracy crimes prohibits only successive prosecutions for…

A

the substantive crime and the conspiracy to commit it.

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11
Q

What are the elements of embezzlement?

A
  1. wrongful conversion of another’s property for his own or another’s use
  2. with the intent to permanently deprive the rightful owner of the use thereof
  3. that the property had been entrusted to the defendant by another and
  4. the value of the property was $200.00 or more.
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12
Q

Conspiracy is…

A

an inchoate crime where two or more people make an agreement to commit a felony, and intent by the defendant to commit that felony/assist in its commission.

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13
Q

No overt act is required in furtherance of the conspiracy in Virginia; rather…

A

the crime is complete upon making the agreement.

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14
Q

Va. Code §18.2-32 defines murder in the first degree as:

A

Murder, other than capital murder, by:

  1. poison
  2. lying in wait,
  3. imprisonment,
  4. starving,
  5. or by any willful, deliberate, and premeditated killing, or
  6. in the commission of, or attempt to commit,
  7. arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction.
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15
Q

Murder is a killing with…

A

malice.

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16
Q

Malice is…

A

that state of mind which results in the intentional doing of a wrongful act to another without legal excuse or justification, at a time when the mind of the actor is under the control of reason.

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17
Q

Malice may result from…

A

any unlawful or unjustifiable motive including anger, hatred, or revenge.

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18
Q

Malice may be inferred from…

A

any deliberate, willful,

and cruel act against another, however sudden

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19
Q

”Willful, deliberate, and premeditated” means…

A

that the defendant acted with a specific intent to kill, adopted at some time before the killing, but which need not exist for any particular length of time.

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20
Q

A principal in the first degree is the person who…

A

commits the illegal act.

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21
Q

A principle in the first degree is liable for…

A

the principal crime.

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22
Q

A Principal in the Second Degree is someoene who…

A

is present at the commission of the crime, and commits an overt act (e.g. assisting in the crime) or shares in the perpetrator’s intent.

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23
Q

A Principal in the Second Degree is liable for…

A

the principal crime (but not eligible for death penalty unless a murder for hire or commission of an act of terrorism)

24
Q

An accessory before the fact is someone who…

A

orders, encourages, or aids and abets the principal, but it not present at the commission of the crime.

25
Q

An Accessory Before the Fact is liable for…

A

the principal crime (but not eligible for death penalty unless a murder for hire or commission of an act of terrorism)

26
Q

An accessory after the fact is someone who…

A

knows of the commission of the crime and assists the felon in escaping punishment.

(exception: close family members)

27
Q

An Accessory After the Fact is liable for…

A

a separate crime of being accessory after the fact.

28
Q

What does Virginia’s possession with intent to distribute law hold in regards to Marijuana?

A
  • One ounce or less- rebuttable presumption of personal use- Class 1 misdemeanor
  • More than one ounce to five pounds- class 5 felony
  • More than 5 pounds- felony from 5-30 years.
  • If you have more than one ounce, but can prove it was for someone else’s personal accomodation, class 1 misdemeanor.
  • Manufacture/possess with intent to manufacture- $10,000.
  • Third or subsequent felony offense- 5 years to life, consecutively.
29
Q

What is the rule for possession with intent to distrubute?

A

It is unlawful for any person to:

  • manufacture, sell, give, distribute, or
  • possess with intent to manufacture, sell, give or distribute,
  • a controlled substance or an imitation controlled substance.
30
Q

Withdrawal is no defense to the crime of…

A

conspiracy.

31
Q

A defendant’s withdrawal from a conspiracy would not be a defense if…

A

he withdrew and notified after the crime was completed.

32
Q

An effective withdrawal is a defense to…

A

a crime for which the defendant is liable under the co-conspirator rule.

33
Q

To successfully defend a conspiracy charge, a defendant must..

A
  1. clearly state to the other co-conspirators the person’s withdrawal from the conspiracy, and
  2. do all that he/she can do stop the crime.
    1. This can include physically stopping the crime from happening, convincing the other conspirators not to go through with the crime, or simply informing the authorities.
34
Q

What are the elements of attempt?

A

One who:

  1. intends to commit a crime, and
  2. commits a direct, but ineffectual act towards commission of the crime.
35
Q

Abandonment is NOT a defense to the crime of…

A

attempt.

36
Q

What are the elements of robbery?

A
  1. The taking, with the intent to permanently deprive the owner or custodian,
  2. of personal property
  3. from the owner or custodian’s person or in his presence
  4. against his will,
  5. by force, threat or intimidation.
37
Q

In order to effectively withdraw from a conspiracy, the defendant must notify co-conspirators and the co-conspirators must…

A

receive the notification.

38
Q

What are the elements of the crime of abduction?

A
  1. abductor uses force, threat of force, or other serious threat to make the victim comply
  2. the victim is restrained to a particular place, moved to a particular place, or kept from those who are legally responsible for her.
  3. abduction must be for a period of time.
39
Q

By default, all murder charges are…

A

second degree murder.

40
Q

In order to elevate/downgrade the Murder 2 charge…

A

The prosecution must prove that the facts fit into the Murder 1/Capital murder statutes, and the defense must prove that the facts fit into the Voluntary manslaughter/involuntary manslaughter rules.

41
Q

In order to prove voluntary manslaughter, the defense must show the defendant:

A
  • was provoked, and
  • did not have time to cool off after the provocation.
42
Q

Voluntary intoxication is..

A

not an excuse for crime.

43
Q

What is the exception to the voluntary intoxication rule?

A

Voluntary intoxication can defeat the specific premeditation required to prove first-degree murder.

44
Q

The transferred intent doctrine holds that…

A

when someone intends to injure another, but ends up injuring a third party, his original intent transfers to that third party.

45
Q

What are the elements of entrapment?

A

The conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer.

46
Q

What are the elements of burglary?

A
  1. the defendant, without permission broke and entered the dwelling house of another;
  2. in the nighttime; and
  3. with the intent to commit larceny or other felony therein.

(armed burglary requires defendant be armed)

47
Q

What are the elements of larceny?

A
  1. That the defendant took (personal property belonging to the victim and carried it away;
  2. the taking was against the will and without the consent of the possessor; and
  3. That the taking was with the intent to steal.
48
Q

What are the larceny money requirements?

A
  • Grand Larceny
    • Person- $5 or more
    • Not person- $500 or more
    • Firearm, regardless of value
  • Petit Larceny
    • Person- Less than $5
    • Not person- Less than $500.
49
Q

What are the elements of extortion?

A
  1. Make a threat of injury to the, person (i.e. loved one); character; property, of another; accuse another person of any offense; threaten to report another person as being illegally present in the United States]; and
  2. That such [threat; accusation] caused the victim or any other person to part with money; property; a pecuniary benefit; a note; a bond; other evidence of debt, and
  3. the [money; property; pecuniary benefit; note; bond; other evidence of debt] was given by the victim or any other person [to the defendant/his representative
50
Q

In order to be convicted of use or display of firearm in committing felony, a defendant need not

A

have actually had a gun at the time. The prosecution must prove, BARD, that the accused actually had a firearm in his possession and that he used or attempted to use the firearm or displayed the firearm in a threatening manner while committing or attempting to commit robbery or one of the other specified felonies. Thus, if the defendant threatens use of a firearm, but none is recovered, the defendant can still be convicted.

51
Q

“planning” a crime amounts to ________, but not _______.

A

conspiracy; attempt.

52
Q

Using deadly force is justified under…

A
  • Self-defense/DOE
    • must be without fault and in reasonable fear of imminent death or great bodly injury as a result of deceased’s overt act.
    • if defendant was at fault/provoked the agressor, must retreat.
  • Defense of dwelling
    • May be used only when fearing great bodily injury
  • Defense of other property
    • deadly force may not be used
53
Q

Using non-deadly force is justified under….

A
  • Self-Defense/DOE
    • may be used if reasonably necessary
  • Defense of dwelling
    • may be used to prevent entry
  • Defense of other property
    • may be used if reaosnably necessary to retain property
54
Q

Original aggressor may self-defend after…

A

total abandonment of the original attack.

55
Q
A

VA Criminal Law (12 decks)

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