Themis Essay 4610

Question 1

Every unlawful homicide in Virginia is presumed to be

Answer 1

murder in the second degree.

Question 2

In order to rise to the level of first-degree murder or aggravated murder, the Commonwealth must make a prima facie showing that

Answer 2

malice or premeditation exists and if so shown, the burden of producing mitigating evidence (e.g., heat of passion) shifts to the defendant.

Question 3

Once a defendant has shown some evidence of a mitigating factor in a homicide, the Commonwealth must

Answer 3

prove the absence of such factor beyond a reasonable doubt.

Question 4

Murder by poison, lying in wait, imprisonment, starving, or any willful, deliberate, and premeditated killing not specified in the aggravated murder statute is

Answer 4

murder of the first degree.

Question 5

A principal may be present at the scene, or if not at the scene, a person will be treated as a principal in the first degree if he otherwise

Answer 5

arranges to have committed a criminal act through an innocent agent.

Question 6

A principal in the first degree is a person whose acts or omissions are

Answer 6

the actus reus of the crime.

Question 7

A principal in the second degree is a person who is present at the commission of a crime and

Answer 7

shares the principal in the first degree’s intent that the crime be committed, or aids, abets, encourages, assists, or advises a principal in the first degree in the commission of the crime.

Question 8

Mere presence and subsequent flight are not enough to

Answer 8

convict a person as a principal in the second degree.

Question 9

A principal in the second degree may be indicted, tried, convicted, and punished in the same manner

Answer 9

as a principal in the first degree.

Question 10

The difference between an accessory before the fact and a principal in the second degree is

Answer 10

presence.

Question 11

An accessory before the fact is not

Answer 11

present during the commission of the crime.

Question 12

An accessory before the fact’s assistance to the principal may be

Answer 12

verbal encouragement, financial assistance, or physical assistance.

Question 13

Mere knowledge that a crime will result is not enough for a person to be

Answer 13

an accessory before the fact.

Question 14

In felony cases, every accessory before the fact may be indicted, tried, convicted, and punished in the same manner as

Answer 14

a principal in the first degree.

Question 15

An accessory after the fact is a person who knows a felony has been committed and thereby

Answer 15

aids or assists a principal in the first degree or accessory before the fact to avoid or escape prosecution.

Question 16

An accessory after the fact is not subject to punishment for

Answer 16

the crime committed by the principal in the first degree or accessory before the fact.

Question 17

An accessory after the fact is subject to punishment for:

Answer 17

(i) a felony in the case of a homicide; or
(ii) a misdemeanor in the case of any other felony.

Question 18

Two or more offenses may be charged in separate counts of the same indictment or information as long as

Answer 18

the charges are based on the same act, transaction, or on two or more acts or transactions that are connected or parts of a common plan or scheme.

Question 19

A defendant must be tried for all offenses pending against him as long as

Answer 19

justice does not require separate trials and the offenses may be joined if the parties consent.