VA Crim Pro Essays Rule Statements Flashcards
a police officer may stop a suspect based on
a reasonable articulable suspicion that the suspect has committed or is committing a crime
for a search to be valid under the fourth amendment, it generally must be
conducted pursuant to a search warrant
automobile exception to search warrant
if the police have probable cause to believe that a vehicle, such as an automobile contains contraband or fruits, instrumentalities, or evidence of a crime, they may search the vehicle without a warrant, search can extend to anywhere they have PC in the car, including trunk and locked compartments
during a lawful stop, officer may search a car if
1) he gains probable cause that the car contains contraband or fruits
2) search incident to arrest, if the officer has PC that the car may contain evidence of the crime for which the arrest was made
the Fifth amendment does not preclude evidentiary use of a statement that was
volunteered, and not in response to any police questioning
Sixth amendment right to counsel attaches
upon commencment of adversarial proceedings
Person arrested for drunk driving may
refuse breathalyzer test and his refusal may not be admitted against him on teh drunk driving charge except to refute a defense based on absence of a chemical test, or in a separate trial on teh charge of refusing to submit to a breathalyzer test
appeal for crim convictions
no appeal of right (except for misdemeanors from GDC to Circuit Court) discretionary review
in criminal cases, husbands and wives
are allowed to testify, and they may also be compelled to testify on behalf of each other
a spouse has a privilege against
being compelled to testify as a witness against the other except in 3 situations
generally, a person’s home can be searched only pursuant to a warrant, but a warrant is not required if
not required if the police have a voluntary consent to do so, may come from owner or occupier or any person with an apparent equal right to occupy or use the property, valid even if they didn’t actually have that right as long as police reasonably believed they did
the remedy for arrests that violate the fourth amendment is
suppression of any evidence that was obtained as a result of the unconstitutional arrest
probable cause
totality of circumstances
officer has within his knowledge reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the person has committed ac rime
Miranda
statements made in response to a custodial interrogation by the police are inadmissible in evidence unless the defendant was first informed of his rights, and voluntarily and intelligently waived those rights
a person is considered to be in custody if
the person’s freedom of action is denied in a significant way
interrogation includes
any statement or conduct likely to elicit an incriminating response
the intent element of a crime can be imputed to
a defendant acting in concert
accused has a right to a jury trial in a court of record when
the offense is a felony
to obtain a nonjury trial, the accused must
plead not guilty, and consent to a trial without jury, and the commonwealth’s attorney and the court must both concur
a juvenile convicted in a circuit court will be sentenced by the court without interference of a jury, unless
the juvenile has previously been convicted and sentenced as an adult
for a confession to be valid, the commonwealth’s attorney must show
by a preponderance of evidence that the waiver was knowing and voluntary, totality of circunstances (age, education, mental state, intelligence)
evidence that is substantively inadmissible may be admitted for impeachment purposes
if relevant to show bias or interest
the sixth amendment grants a defendant in criminal proceedings the right to
confront adverse witnesses
through the due process clause of fourteenth amendment, right to confront adverse witnesses seeks to ensure that
defendant has opportunity to cross-examine any witness testifying against him
juvenile and domestic relations courts have jx over
matters of juveniles under the age of 18 accused of committing delinquent acts that would be crimes if committed by an adult. If capital murder, only PC hearing and determining whether 16 or older, if yes, sent to circuit court for trial as adult. If malicious wounding, JC determine PC and whether 16 or older or whether should remain in juvenile court or be transferred, discretionary. 14 or older can waive and go to circuit court
trial court can order discovery of
statements or confessions of the defendant
discoverable items include
written and recorded statements of the accused in connection with the particular case, as well as oral statements made to a law enforcement officer
two reqs for discoverable items
relevant to the case, known by the Commonwealth’s attorney to be within the possession, control, or custody of the Commonwealth
a defendant has a right to a suppression hearing at which the judge
as a matter of law, determines the admissibility of the eviddence out of the jury’s presence
the proponent of a motion to suppress has the burden of showing
by a preponderance of the evidence that a cognizable injury was committed
after a proponent has made a prima facie case of motion to suppress
burden shifts to prosecution to show there was a warrant, or that exigent circumstances, consent, or some other condition obviated the need for a warrant
in Virginia, jury trials are bifurcated into
a guilt phase and a sentencing phase
Virginia law allows the commonwealth’s attorney to introduce the defendant’s prior criminal history through
attensted copies of the final order of prior convictions and the punishments imposed, in the sentencing phase
under the prohibition against double jeapardy,
an individual may not be retried for the “same offense” once jeopardy has attached, protects against a second prosecution for the same offense after conviction and it protects against multiple punishments for the same offense
jeopardy attaches
in a jury trial at the empaneling and swearing in of the jury
defenses based on defects in the institution of a prosecution, including double jeopardy, must be raise by
a motion filed prior to trial, unless the defendant can show good cause for not having raised the defense earlier
in determining whether two offenses constitute the same offesnse, the first question is
whether the general assembly intended tha there be two different offenses, given the language of any statutes embodying the crimes
to preserve issue of whether he should have been able to examine someone
object to ruling at time it occurs and make a proffer of what the evidence would have been if it had been allowed
when a person is convicted of a felony, the court may, and upon the defendant’s motion must, before imposing sentece
direct a probation officer to thoroughly investigate and report on the history of teh accused and all other relevant facts (presentance report)
on motion of the Commonwealth, for good cause shown, the court is to order persons charged with participating in contemporaneous or related acts constituting an offense to be
tried jointly unless a joint trial would cause actual prejudice to a defendant, in which case the court must order severance as to that defendant or provide other appropriate relief
actual prejudice results only when there is a serious risk that
a joint trial would compromise a specific trial right of a defendant or prevent the jury from making a reliable judgment about guilt or innocence
a juvenile 14 years or older can be transerred from juvenile and domestic relations court to circuit oourt to be tried as an adult if
the crime committed would be a felony if committed by an adult, however, will be sentenced without jury unless prievously been convicted and sentenced as an adult
