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ER - Crim Law > W & M Rule Statements > Flashcards

W & M Rule Statements Flashcards

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1
Q

Accomplice Liability

A

Individuals who act in concert together in the commission of a crime.

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2
Q

Parties to a Crime

A
  1. Principal in the First Degree
  2. Principal in the Second Degree
  3. Accessory Before the Fact
  4. Accessory After the Fact
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3
Q

Principal in the First Degree

A

The party who committed the act.

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4
Q

Principal in the Second Degree

A

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 a principal in the first degree in the commission of the crime.

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5
Q

Subsequent Acts of the Principal in the 1st Degree and Principal in the 2nd Degree’s Liability

A

Mere presence and subsequent flight are NOT ENOUGH to convict a person as a principal in the second degree for the subsequent acts of the Principal in First Degree.

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6
Q

How is the Principal in the 2nd Degree tried?

A

-In felony cases, every principal in the second degree may be indicted, tried, convicted, and punished in the same manner as a principal in the first degree.

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7
Q

Distinguishing Principal in the 2nd Degree and Co-Conspirators

A

If there was no conspiracy or plan to show an agreement between the parties, a principal in the 2nd degree can flee and NOT be held responsible for the acts of the principal in the 1st degree as they did not agree to the plan.

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8
Q

Accessory Before the Fact

A

-Not present during the commission of the crime.

-Assistance to the principal may be verbal encouragement, financial assistance, or physical assistance. Mere knowledge that a crime will result is not enough.

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9
Q

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

A

Presence.

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10
Q

How is an ABF tried?

A

-In felony cases, every accessory before the fact may be indicted, tried, convicted, and punished in the same manner as a principal in the first degree.

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11
Q

Accessory After the Fact

A

-A person who knows a felony has been committed and thereby aids or assists a principal in the first degree or accessory before the fact to avoid or escape prosecution.

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12
Q

What punishment is an AAF subjected to?

A

-Not subject to punishment for the crime committed by the principal in the first degree or accessory before the fact.

-Family member exception - will not be punished if the family member is the spouse, parent, grandchild, or sibling.

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13
Q

Conspiracy

A

An agreement between two or more individuals by concerted action to commit a criminal offense.

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14
Q

Inferences to form a conspiracy

A

It can be inferred from actions that two individuals previously formulated a plan to commit a crime, but it may be difficult to prove a plan existed absent such facts.

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15
Q

Is an overt act required in VA for Conspiracy?

A

-No overt act is required - conspiracy is complete once agreement is made.

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16
Q

Proof of Conspiracy

A

-Beyond a reasonable doubt of an agreement to commit a felony and the intent by the D to commit the felony.

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17
Q

Conspiracy - if a statement proving an agreement was suppressed…

A

There is no sufficient evidence beyond a reasonable doubt that an agreement exists to uphold a conspiracy charge.

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18
Q

Co-Conspirator Liability of Conspiracy & Crime Committed

A

If there is an agreement - the principal in the first and second degree, and the accessory before the fact will be guilty of conspiracy and the crime committed.

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19
Q

If there is no plan/agreement is there a conspiracy?

A

Where there is no discussion in the facts of plan or agreement, likely not a conspiracy.

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20
Q

Liability when there is no plan/agreement

A

Refer to the accomplice liability rule = a principal in the 2nd degree can flee and will not be responsible for the acts of the principal in the 1st degree.

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21
Q

Are the co-conspirators liable for the other’s criminal act during the commission of the crime?

A

The parties will also be liable for a criminal act of another that is in furtherance of the crime and any subsequent criminal act so long as the co-conspirator had not withdrawn prior.

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22
Q

Is withdrawal a defense to a conspiracy crime itself?

A

No - it is NOT a defense to the conspiracy crime itself.

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23
Q

What is effective withdrawal?

A

Effective withdrawal = notifying the co-conspirators; informing police is not enough unless the co-conspirators have knowledge of one’s intent to withdraw.

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24
Q

Liability of a Co-Conspirator after effective withdrawal

A

The co-conspirator will still be liable for the conspiracy crime itself, but will not be liable for any subsequent crime committed in furtherance of the conspiracy.

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25
Q

Conspiracy - No Merger

A

Even if the D is convicted of the crime itself, which was the objective of the conspiracy, a conspiracy conviction is nevertheless proper because it is a different crime, the essence of which is the agreement to do an unlawful act

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26
Q

Conspiracy - Issue of Double Jeopardy and No Merger

A

-NO ISSUE OF DOUBLE JEOPARDY: Conviction of the underlying crime (i.e., robbery) raises no double jeopardy problem under the Blockburger test since each crime contains an element which the other does not.
***THERE IS NO MERGER OF CONSPIRACY AND CRIME

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27
Q

Conspiracy - Merger

A

Prohibits only successive prosecutions for the substantive crime and the conspiracy to commit it.
EX = a crime months after the conspiracy itself would not merge into the conspiracy

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28
Q

Attempt

A

One who intends to commit a crime and commits a direct, but ineffectual act towards the commission of the crime, has committed the crime of an attempt.

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29
Q

To be guilty of attempt, what must you prove?

A

So long as the individual has the underlying intent to commit the crime, he may be guilty of attempt

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30
Q

Is abandonment a defense to a crime of attempt?

A

VA has not recognized abandonment as a defense to a crime of attempt.

31
Q

When is the attempted crime complete?

A

Once the direct but ineffectual act towards the commission of the crime has occurred.

32
Q

First-Degree Murder

A

Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction.

33
Q

First-Degree Murder - Malice Requirement

A

Malice = state of mind which results in the intentional doing of a wrongful act to another without legal excuse or justification, at a time when the mind of the actor is under the control of reason.

-May result from any unlawful or unjustifiable motive including anger, hatred or revenge.

-May be inferred from any deliberate, willful, and cruel act against another, however sudden.

34
Q

First-Degree Murder - Willful, Deliberate, and Premeditated Requirement

A

D acted with the specific intent to kill, adopted at some time before the killing, but which need not exist for any particular length of time.

35
Q

Felony Murder

A

Felony murder is one which may contrary to the intention of the party, which occurs during the commission of a separate felony.

36
Q

When the felony itself is a dangerous enterprise and it is foreseeable that someone could be injured….

A

An individual will be guilty of felony murder.

37
Q

When the killing takes place at the same time as the underlying felony, the criminal is/is not guilty.

A

THEY ARE GUILTY.

38
Q

If the felony and murder occur at different times and places…

A

An individual is likely not guilty.

39
Q

Common Law Burglary

A

A person that breaks and enters into another’s dwelling in the nighttime with intent to commit a felony or larceny therein.

40
Q

What is required for the common law burglary requirement for entering and breaking at nighttime?

A

It is enough for the D to open a door and enter the property.
**The D need not physically break entry to enter.

If the door is already open then it would not be considered entering and breaking.

41
Q

Statutory Burglary

A

A person commits common law burglary if he breaks and enters another’s dwelling in the nighttime with the intent to commit a felony or larceny therein.

Additionally, a person commits statutory burglary if he (i) in the nighttime enters without breaking or (ii) in the daytime, breaks and enters, or enters and conceals himself in a dwelling or adjoining occupied outhouse or any building permanently affixed to realty, ship, vessel, river craft, railroad car, or motor vehicle used as a dwelling, with the intent to commit murder, rape, robbery, or arson (higher punishment range), larceny or another felony (lower punishment range), or a misdemeanor, except assault and battery (lowest punishment range).

42
Q

What Class Felony is Burglary?

A

Class 3

Exception - if the person is armed with a deadly weapon, elevated to class 2 felony.

43
Q

Embezzlement

A

Embezzlement is the fraudulent use, concealment, disposing of, or embezzling of any commercial paper or tangible or intangible property that was:

i) Received for another person or for one’s employer;

ii) Received by virtue of one’s office or employment; or

iii) Entrusted to one by another.

***Must have intent to deprive the true owner of the property.

44
Q

Distinguish embezzlement from larceny

A

Whether the individual had authority to the property.

**If there is authority over the property - it is embezzlement.

45
Q

What type of relationship is sufficient to prove that D had authority to have custody of the property?

A

Employer-employee relationship.

EX = when the employee has authority over the cash from the cash register.

46
Q

Proof of embezzlement is sufficient to sustain a…

A

LARCENY CHARGE.

Any defendant convicted of embezzlement is deemed guilty of larceny, may be indicted for larceny, and may be punished accordingly upon conviction.

47
Q

Robbery

A

The elements of the crime as defined at common law are:
(i) the taking,
(ii) with intent to steal,
(iii) of the personal property of another, (iv) from his person or in his presence,
(v) against his will,
(vi) by violence or intimidation.

48
Q

Difference between Robbery and Burglary

A

For a robbery, the criminal must take the property from the rightful owner in their presence and against their will by force, threat, or intimidation.

49
Q

Extortion

A

A person is guilty of extortion if he extorts money, property, or pecuniary benefit or debt from another person by:
i) Threatening injury to the character, person, or property of another;
ii) Accusing another of any offense;
iii) Threatening to report another as being illegally present in the U.S.; or
iv) Knowingly destroying, concealing, removing, confiscating, withholding, or threatening to withhold another’s passport or identification document.

50
Q

For purposes of extortion, injury to property includes….

A

The sale, distribution, or release of identifying information unless such sale, distribution, or release is otherwise lawfully permitted.

51
Q

A defendant is guilty of attempted extortion if…..

A

She knew a person committed a crime but does not tell the police and instead threatens the person that she will report the crime if he doesn’t do something for her benefit.

52
Q

What class felony is extortion?

A

Class 5.

53
Q

Larceny

A

Taking of another’s personal property by trespass with the intent to permanently deprive that person of the property.

54
Q

Grand Larceny

A

Any person commits grand larceny (a felony) if she commits the following:

i) Larceny from another’s person of money or thing of value of $5 or more;

ii) Simple larceny not from another’s person of goods and chattels with a value of $1,000 or more; or

iii) Simple larceny not from another’s person of a firearm, regardless of value.

55
Q

A separate and distinct offense if a person commit larceny of property with…

A

A value of $1,00 or more with the intent to sell or distribute that property.

No issue of double jeopardy to punish a person for both grand larceny and larceny with intent to sell or distribute when the charges arise out of the same conduct.

56
Q

Petit Larceny

A

Any person commits petit larceny (a misdemeanor) if she commits the following:

i) Larceny from the person of another of money or thing of value of less than $5; or

ii) Simple larceny not from the person of another of goods and chattels (not firearms) of the value of less than $1,000.

57
Q

Defenses to Larceny of a Bad Check

A
  1. Lack of fraudulent intent
    ***must show beyond reasonable doubt the fraudulent intent
  2. Check was not given for present consideration
    ***A cover for payment that was already due will not be considered a check for present consideration and therefore will not be invalid under the statute
  3. Voluntary intoxication (note - NOT A DEFENSE)
    ***does not negate intent
  4. Post-dated check
    ***Giving someone a post-dated check with a reasonable expectation that his paycheck would be deposited days before the date of the check would not give rise to an intent to defraud at the time the check was given.
58
Q

Possession - Crime

A

Actual or constructive possession of the drug with knowledge of its character by one who exercises dominion and control of the drug meets the requirements for conviction for a possession crime.

59
Q

Is ownership of the drug in a possession of drugs crime an element of the offense?

A

Ownership of the drug is not an element of the offense (so it is immaterial that another person’s fingerprints were found on a bag of cocaine)

60
Q

If the defendant is a bailee in a possession of drugs case, does he meet the elements of the possession crime?

A

Where the D is a bailee - he has exclusive possession of the vehicle where the drugs were found for the term of the bailment.

61
Q

Intent to Distribute - Possession Crime

A

When an officer lawfully seized evidence, they must corroborate that the evidence found indicates that the possession of a drug is for sale and not personal use (i.e., multiple bags, scales, small bills).

62
Q

Burden of Proof for Accommodation Mitigation Defense - Intent to Distribute?

A

D must prove by a preponderance of the evidence that he was not a dealer of drugs and did not intend to profit from the transaction or to encourage the use of drugs, but was instead motivated by a desire to accommodate a friend.

63
Q

What must D establish under the Accommodation Mitigation defense

A

D must establish he gave, distributed, or possessed a controlled substance only as an accommodation to a friend without an intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance.

64
Q

Does the accommodation defense absolve the defendant of the crime?

A

This accommodation defense does not absolve the defendant of the crime but can result in a lesser sentence.

65
Q

Possession of Firearm by a Convicted Felon

A

When a D has a prior felony conviction, possession of the gun is required to convict the D.

66
Q

Is ownership required for possession of a firearm by a convicted felon?

A

No

67
Q

What is required for possession of a firearm by a convicted felon?

A

Actual knowledge of the weapon’s presence.

68
Q

Abduction

A

Occurs when a person by force or intimidation seizes, takes, transports or detains another person with intent to deprive that person of liberty.

69
Q

A defense to abduction is that the action was….

A

Incidental to the crime.

EX = there is a certain amount of restraint inherent in the commission of a robbery, and that D did not restrain the person any more than necessary to commit the robbery → that the restraint of the person was merely incidental to the robbery

70
Q

Does the defense of the action being incidental to the crime apply once the crime has been completed?

A

No - there is no restraint inherit in the completion of the crime.

71
Q

Insanity Defense → M’Naghten Test

A

D not guilty if, because if a defect of reason due to mental illness, D did not know either:
(1) The nature and quality of the act or
(2) The wrongfulness of the act.

72
Q

Entrapment

A

Entrapment is the conception and planning of an offense by a law enforcement officer, and his procurement of its commission by a defendant who would not have committed that offense except for the trickery, persuasion, or fraud of the officer.

***In other words, the defendant must lack any predisposition to commit the crime. Entrapment can occur through the use of an undercover agent.

73
Q

Entrapment will not bar a conviction when the police…

A

Merely afford an opportunity for the commission of a crime to a defendant willing to commit it.

74
Q

When is the court likely to rule in D’s favor when barring a conviction on basis of entrapment defense?

A

Where the officer was the one to approach D and not the other way around

ER - Crim Law (1 decks)

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