Short Answer Questions Flashcards
Which insanity tests can be used in Virginia?
M’Naghten Rule & the irresistible impulse test
Under the VA Code, what term is synonymous with “kidnapping”?
Abduction
A conviction will not be overturned if an involuntary confession was erroneously admitted into evidence. What is the appropriate test that courts apply, and how is it used?
The harmless error test applies.
The conviction will not be overturned if the government can show that there was other overwhelming evidence of guilt.
Virginia’s rules regarding criminal procedure are derived from three different sources. Identify them.
(1) The Virginia Constitution (Art. I, § 8)
(2) The Virginia Code of Criminal Procedure (Va. Code. Ann. § 19.2
(3) The Rules of the Supreme Court of Virginia (Part Three A, Criminal Practice and Procedure)
A regular grand jury consists of not less than _____ or more than ______ persons.
not less than 5 or more than 7 persons
In Virginia, a defendant generally may use physical force to defend himself if there is a reasonable appearance that the use of force is justified. How do Virginia courts determine “reasonable appearance”?
“Reasonable appearance” is determined from the subjective viewpoint of the defendant at the time he acted.
VA has no statute that codifies the common law crime of mayhem. Instead, what statutory crime in VA most resembles the common law crime of mayhem?
Malicious wounding
How long may a merchant who has probable cause 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.
There is a rebuttable presumption that a juvenile over the age of ______ but less than _____ of age does not posses the physical capacity to commit rape.
over 10; less than 12
Felony murder in VA is any murder that is committed, whether intentional or accidental, during the commission of or during an attempt to commit which of the following crimes (select all that apply)? A. Robbery B. Larceny C. Burglary D. Arson
A, C, and D.
The complete list is:
arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary, or abduction.
Felony-murder is treated as first-degree murder.
The defense must notify the Commonwealth of its intent to use the insanity defense at least _____ days before trial.
60 days
Sexual intercourse with a child under the age of ____ years is punished as rape.
13
If the jury returns a verdict of guilty, the court may, on motion of the accused made not later than _____ days after entry of a final order, set aside the verdict for error committed during the trial.
21
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 the appropriate 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
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 law.
mob
In Virginia, a jury verdict must be _______ to convict.
Unanimous
A confession is involuntary if the police use which any of the following actions and thereby overbear the accused’s will to resist and bring about a confession not freely determine (pick all that apply):
I. Force
II. Threats of violence
III. Use of drugs
IV. Lengthy Periods of being held incommunicado
All!
Other actions include: engendering hope of benefit, artifice or trick, and threats of worse treatment.
What must a defendant show to be successful on a claim that his criminal conduct was the product of duress?
The defendant must show that his criminal conduct was the product of an unlawful threat that caused him to reasonably believe that performing the criminal act (other than killing another innocent person) was the only reasonable opportunity to avoid the imminent death or serious bodily harm to the defendant or another.
Identify the three types of grand juries
(1) regular grand jury
(2) special grand jury
(3) multi-jurisdictional grand jury
In a criminal case, a defendant’s spouse may be compelled to testify against the defendant:
(select all that apply)
A. In a prosecution for an offense committed by one against the other or against a minor child of either.
B. In a case in which either is charged with forgery of the other’s signature.
C. In a prosecution for any homicide offense.
D. In any proceeding relating to a violation of the laws pertaining to a criminal sexual assault.
A, B, & D.
Name five of the listed circumstances under which a D may be convicted of capital murder.
(there’s actually 14)
Capital murder is the willful, deliberate, premeditated murder:
(1) in an abduction with the intent to extort pecuniary benefit or with the intent to defile the victim;
(2) for hire;
(3) by an inmate in a penal institution or in custody of a law enforcement officer;
(4) during an armed robbery or an attempted armed robbery;
(5) during or subsequent to a rape or attempted rape, forcible sodomy or attempted forcible sodomy, or an object sexual penetration;
(6) of a law enforcement officer or judge for the purpose of interfering with the performance of his duties;
(7) of a witness under subpoena in a criminal case to prevent him from testifying;
(8) of more than one person as part of the same transaction;
(9) of more than one person within a three-year period;
(10) of any person during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, when such killing is for the purpose of furthering the commission or attempted commission of such crime;
(11) of any person, pursuant to the direction or order of one who is engaged in a continuing criminal enterprise;
(12) of a pregnant woman by one who knows that the woman is pregnant and has the intent to cause the involuntary termination of the woman’s pregnancy without live birth;
(13) of someone under the age of 14 by someone 21 years of age or older;
(14) during the commission or attempted commission of an act of terrorism.
Name the four wording requirements for an indictment or information.
(1) the name of the accused;
(2) a description of the offense charged, along with a citation of the statute or ordinance that defines the offense;
(3) the name of the county, city, or town in which the accused committed the offense; and
(4) a recital that the accused committed the offense on or about a certain date.
True or False: Voluntary intoxication is not a defense to a crime in Virginia.
True.
Voluntary intoxication is not a defense in Virginia, even for specific intent crimes.
