Crim Law & Pro Flashcards
Motion to Exclude Witnesses
In general, the Court is required, on motion by a either attorney, to exclude witnesses to be called to testify.
Statutory Exception: complaining witnesses may remain in the courtroom unless the Court finds in it’s discretion that the presence of the victim would impair a fair trial.
When does Probable Cause Exist?
Probable cause is a reasonable belief that a crime has been committed, and that the arrestee is the person who committed it.
Reasonable belief must come from officers knowledge or reasonably trustworthy source.
Probable cause is a common-sense standard, and is satisfied when an identifiable person, such as a victim, witnesses a crime and reports it.
Unduly Suggestive Identification
A show up identification procedure is not overly suggestive when the witness has sufficient time and ability to look at the suspect and is not pressured into identifying someone.
i. Even if it is just one Defendant who is at show up, doesn’t mean its overly suggestive.
ii. Must be more facts showing its unduly suggestive.
Motion to Suppress (Exclude) - VA Circuit Court Requirement’s
Must be made in writing
- Filed with the court, 2. given notice to opposing counsel,
- 7 days before trial
The court can in its discretion to permit these types of motions to be made at trial. But the Defendant has to ask for it to still be considered.
Motion to Strike Evidence (Sufficiency of Evidence)
Made at the conclusion of Commonwealth’s case in chief.
Viewed in a light most favorable to the commonwealth.
Larceny
i. Taking and carrying away
ii. The corporal personal property of another
iii. From possession of another,
iv. without permission (or with permission but through deception),
v. with the intent to permanently deprive.
i. Merely moving it is not enough. Must take actual control over it.
ii. needs to take property from someone with greater right of possession than .
1. Ex. I take car to mechanic, I can’t pay the bill so mechanic keeps my car on a mechanic’s lien. I then go overnight and take car back. Doesn’t matter that the car is mine and I have title. The mechanic had a greater right of possession than me. It is still larceny.
iii. Taking with intent to return, cannot be larceny.
1. Ex. I don’t feel like taking the metro so I, without permission, take Adams car to the mall, intending to bring it back. On my way there, I get hit by a bus, car destroyed. This is not larceny. Doesn’t matter that Adam wont get his car back. All that matters is my intent. I intended to bring car back.
iv. The intent must be present when does the act committing the crime.
1. Ex. I need a ladder, I ask my neighbor for a ladder and promise to return by end of day. Neighbor says ok. I then decide I like ladder so I never return it. This is not larceny. I had permission to take ladder, and at the time I took it, I intended to return.
2. On the other hand, if I walked into my neighbor’s house, took ladder without permission, intending to return it, but then later decided I like it so I am going to keep. This is larceny, because I took without permission. Forming the intent after the taking and during the possession is sufficient only if the original taking was wrongful.
Embezzlement
i. Possession of property under trust arrangement
ii. Conversion of that property (using it contrary to terms of the trust arrangement)
iii. With intent to defraud
i. Intent to replace converted property does not show the lac
b. Notes:
i. Intent to replace converted property does not show the lack of intent to defraud required for embezzlement.
1. Ex. Boss gives me $100 for me to buy office supplies. While at the store, I notice I also need milk. I forgot my wallet in car. I take $20 of bosses’ money to pay for milk, I intend to put it back. This is still embezzlement.
ii. A person who has possession of the property of another, can commit embezzlement but not larceny.
iii. A person who only has “custody” of the property of another can commit larceny.
1. Ex. Deez is a security guard of an auto parts shop. One night he puts a wrench in his lunchbox, and takes it home with intent to keep. This is larceny, not embezzlement.
2. Possession requires extensive and discretionary control.
False Pretenses
i. Obtaining title to the property of another
ii. By means of representation
1. A present fact or past fact.
iii. With the intent to defraud.
b. Notes:
i. Unkept promises & misrepresentations of future facts are not false pretenses.
1. Ex. I go to West Elm, I want a loan for new furniture. I tell them, I plan on opening my own law firm and anticipate on having tons of clients and making a lot of money. I end up having a shitty law firm, make no money, and default on my loan payments. This is not false pretenses.
ii. Usually an affirmative misrepresentation is required. But failure to correct a misunderstanding is sufficient if creates the misunderstanding.
Theft
i. A person commits theft if he:
1. Unlawfully exercises control
2. over property of another
3. without permission
4. And with intent to permanently deprive
Robbery
i. Larceny in which property is taken by force (violence) or threats (intimidation)
b. Notes:
i. Robbery by force:
1. Force must be used to obtain property or prevent victim from immediately regaining it.
ii. Robbery by threat:
1. Threats must be if imminent physical harm
2. Victim must be put in fear of harm; and
3. Threat must be such as would cause apprehension if immediate harm to a reasonable person.
iii. The force must be closely related in time to the taking of the property.
1. Ex. I’m walking down the street, my pocket is open and my wallet is hanging out of my pocket. Deez discreetly grabs my wallet and flees. Two hours later I see Deez and try to get my wallet back. Deez knocks me out and runs away. This is not robbery. Larceny and battery, but not robbery.
VA Larceny
Larceny: Any crime that would be larceny, embezzlement or false pretenses under common law, may be charged as larceny.
Types of Larceny:
Grand Larceny
i. Is committed when a person commits:
1. Larceny from the person of another, taking money of things worth $5 or more.
Simple larceny, not from the person of another, taking good and chattels worth $1,000.00 or more; or
3. Simple larceny, not from the person of another, taking any firearm, regardless of it’s value.
Petit Larceny
i. Lesser amounts than above
c. Presumption of Larceny:
i. One is in the unexplained and exclusive possession of recently stolen property, can be presumed to be guilty of larceny,
Relationship to Robbery:
i. Larceny is a lesser included offense of robbery
VA Extortion
a. Threatening injury to the character, person, or property of another, or accusing another of any offense and thereby extorting money, property, pecuniary benefit, or any other evidence of debt.
b. Sending a note or an electronically transmitted communication, threatening to kill or do great bodily harm to the victim or her family.
