VA Crim Law and Procedure

Question 1

There is a rebuttable presumption that a juvenile over the age of _______ but less than ______ of age does not possess the physical capacity to commit rape.

Answer 1

10 years; 12 years

Question 2

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

Answer 2

60 days

Question 3

A confession is involuntary if the police use any of the following actions and thereby overbear the accused’s will to resist and bring about a confession not freely determined:

Answer 3

Force, Threats of violence, Use of drugs, and Lengthy periods of being held incommunicado.

Question 4

True or False: In Virginia, a jury verdict must be unanimous to convict.

Answer 4

TRUE

Question 5

When is arraignment not necessary in a felony case?

Answer 5

When waived by the accused.

Question 6

When is arraignment not necessary in a misdemeanor case?

Answer 6

When waived by the accused or his counsel, or when the accused fails to appear.

Question 7

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

Answer 7

21 days

Question 8

Which of the following is NOT a circumstance under which a defendant may be convicted of aggravated murder?
A) A murder for hire
B) A murder committed during the commission of a burglary
C) A murder of a witness under subpoena in a criminal case to prevent him from testifying.
D) A murder of more than one person as part of the same transaction.

Answer 8

B) A murder committed during the commission of a burglary

Question 9

Virginia applies what tests to determine whether, at the time of the crime, the defendant was so mentally ill as to be entitled to acquittal?

Answer 9

M’Naghten Rule and IrresistIble Impulse Test.

Question 10

What are the types of grand juries in Virginia?

Answer 10

Special grand jury, Multi-jurisdictional grand jury, and Regular grand jury .

Question 11

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 to overcome this presumption?

Answer 11

Clear and convincing evidence.

Question 12

In a criminal case, a defendant’s spouse may be compelled to testify against the defendant in what situations?

Answer 12

–In a prosecution for an offense committed by one against the other or against a minor child of either.
–In a case in which either is charged with forgery of the other’s signature.
–In any proceeding relating to a violation of the laws pertaining to criminal sexual assault.

Question 13

Second-degree murder consists of all murder that is not:

Answer 13

Aggravated murder or first-degree murder.

Question 14

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 14

It’s determined from the subjective viewpoint of the defendant at the time he acted.

Question 15

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

Answer 15

TRUE

Question 16

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

Answer 16

FALSE (Common law murder is presumed to be second-degree murder)

Question 17

The law governing Virginia criminal procedure can be found in which sources?

Answer 17

The Virginia Code of Criminal Procedure, The Rules of the Supreme Court of Virginia, and the Virginia Constitution.

Question 18

What must be included in the indictment or information?

Answer 18

The name of the accused; the name of the county, city, or town in which the accused committed the offense, a description of the offense charged (with statute or ordinance citation). and the date on or about when the accused committed the offense.

Question 19

A __________ is defined as any collection of people, assembled for the purpose and with the intention of committing an assault or battery upon any person, without authority of law.

Answer 19

Mob.

Question 20

A conviction will not be overturned automatically if an involuntary confession was erroneously admitted into evidence. What is the appropriate test that courts apply?

Answer 20

Harmless error test.
(Conviction will not be overturned if govt. can show there was other overwhelming evidence of guilt).

Question 21

Felony murder in Virginia is any murder that is committed, whether intentional or accidental, during the commission of or an attempt to commit which of the following crimes?
A) Robbery
B) Larceny
C) Burglary
D) Arson
E) Rape

Answer 21

Robbery, Burglary, Arson, and Rape. Larceny is not included.

Question 22

Felony murder is treated as what degree murder?

Answer 22

First-degree.

Question 23

A person convicted of perjury is prohibited from doing what?

Answer 23

Holding office under the Virginia Constitution and serving as a juror.
(Note that someone convicted of perjury may still testify in any civil trial on behalf of the defendant, and may testify in any criminal trial where the crime at issue involves moral turpitude).

Question 24

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 24

Probable cause.

Question 25

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 25

One year.

Question 26

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

Answer 26

1) A direct causal relationship that may be reasonably anticipated between the conduct and the avoidance of the harm.
2) A lack of adequate means to avoid the threatened harm; and
3) A reasonable belief that the conduct was necessary to avoid an imminent threatened harm.

**D does NOT need to show an absence of a predisposition to commit criminal offenses!

Question 27

Virginia has no statute that codifies the common law crime of mayhem. Instead, what statutory crime in Virginia most resembles the common law crime of mayhem?

Answer 27

Malicious wounding.

Question 28

In a prosecution for grand larceny, the defendant may be convicted of petit larceny if the value of the property taken is less than what amount?

Answer 28

$1,000

Question 29

Under the Virginia Code, what term is synonymous with kidnapping?

Answer 29

Abduction.

Question 30

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

Answer 30

5 and 7.

Question 31

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 31

21 days.

Question 32

True or False: Paying a Fine or beginning to serve a sentence waives the right to appeal from a conviction in a juvenile or domestic relations district court.

Answer 32

False.

Question 33

A grand juror must have been a resident of Virginia for at least how long?

Answer 33

One year.