Short Answer Questions

Question 1

Which insanity tests can be used in Virginia?

Answer 1

M’Naghten Rule & the irresistible impulse test

Question 2

Under the VA Code, what term is synonymous with “kidnapping”?

Answer 2

Abduction

Question 3

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?

Answer 3

The harmless error test applies.

The conviction will not be overturned if the government can show that there was other overwhelming evidence of guilt.

Question 4

Virginia’s rules regarding criminal procedure are derived from three different sources. Identify them.

Answer 4

(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)

Question 5

A regular grand jury consists of not less than _____ or more than ______ persons.

Answer 5

not less than 5 or more than 7 persons

Question 6

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”?

Answer 6

“Reasonable appearance” is determined from the subjective viewpoint of the defendant at the time he acted.

Question 7

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?

Answer 7

Malicious wounding

Question 8

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?

Answer 8

One hour.

Question 9

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.

Answer 9

over 10; less than 12

Question 10

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

Answer 10

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.

Question 11

The defense must notify the Commonwealth of its intent to use the insanity defense at least _____ days before trial.

Answer 11

60 days

Question 12

Sexual intercourse with a child under the age of ____ years is punished as rape.

Answer 12

13

Question 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.

Answer 13

21

Question 14

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?

Answer 14

Probable cause

Question 15

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?

Answer 15

One year

Question 16

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.

Answer 16

mob

Question 17

In Virginia, a jury verdict must be _______ to convict.

Answer 17

Unanimous

Question 18

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

Answer 18

All!

Other actions include: engendering hope of benefit, artifice or trick, and threats of worse treatment.

Question 19

What must a defendant show to be successful on a claim that his criminal conduct was the product of duress?

Answer 19

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.

Question 20

Identify the three types of grand juries

Answer 20

(1) regular grand jury
(2) special grand jury
(3) multi-jurisdictional grand jury

Question 21

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.

Answer 21

A, B, & D.

Question 22

Name five of the listed circumstances under which a D may be convicted of capital murder.

Answer 22

(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.

Question 23

Name the four wording requirements for an indictment or information.

Answer 23

(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.

Question 24

True or False: Voluntary intoxication is not a defense to a crime in Virginia.

Answer 24

True.

Voluntary intoxication is not a defense in Virginia, even for specific intent crimes.

Question 25

In a prosecution for grand larceny, the defendant may be convicted of petit larceny if the value of the property taken is less than $_______.

Answer 25

$200.

Question 26

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 necessary for the state to overcome this presumption?

Answer 26

Clear and convincing evidence.

Question 27

True or False: A murder committed with malice is first-degree murder in Virginia.

Answer 27

False.

Common law murder is presumed to be second-degree murder.

Question 28

What is the outermost time limit for a D to withdraw her guilty plea?

Answer 28

To correct manifest injustice, the court may, within 21 days of entry of a final order, set aside the judgment of conviction and permit the defendant to withdraw her guilty plea.