Virginia Criminal Law

Question 1

Define first degree murder

Answer 1

To charge a defendant with first degree murder, the commonwealth must make a prima facie showing that malice or premeditation exists and if so shown, the burden of producing mitigating evidence shifts to the defendant

Question 2

What are examples of murder in the first degree

Answer 2

Poison, lying in wait, imprisonment, starving, or any other willful, deliberate, and premeditated killing

Question 3

Who is the principal in the first degree

Answer 3

The person whose acts or omissions are the actus reus of the crime

Question 4

Who is the principal in the second degree

Answer 4

A person who is present at the commission of the crime and shares the principal in the first degree’s intent that the crime be committed or aids, abets, encourages, assists, or advises the principal in the first degree in the commission of the crime

Question 5

Who is an accessory after the fact

Answer 5

A person who knows a felony was committed and aid/assists a principal in the first degree or accessory before the fact avoid or escape prosecution