Criminal Flashcards
(109 cards)
1
Q
A criminal conspiracy is…
A
an ageement between two or more persons by concerted action to commit a criminal offense.
2
Q
A conspiracy is complete when…
A
the agreement is made, no furter act is required to effect it.
3
Q
A subsequent withdrawal is no defense to a conspiracy charge if the…
A
agreement to conspire is already complete.
4
Q
A co-conspirator may effectively withdraw from a conspiracy if he…
A
affirmatively informs the other conspirators of his withdrawal from the conspiracy.
5
Q
By making an effective withdrawal from a conspiracy, a conspirator will…
A
not be liable for subsequent crimes committed in furtherance of the conspiracy.
6
Q
Even if one abandons a plan (and reports the conspiracy to the state police), if they do not also tell the co-conspirators about the abandonment of the plan…
A
they do not escape liability for the subsequent crimes.
7
Q
Warrantless searches are presumptively…
A
unreasonable under the 4th Amendment.
8
Q
Consent to a warrantless search may be given by one…
A
with actual or apparent authority.
9
Q
Where multiple parties have common authority over a premises, who is able to give consent for a warrantless search?
A
any one party with authority, despite the lack of express concurrence by any of the other parties.
10
Q
In Virginia, in a criminal case, a spouse’s decision to testify…
A
must be allowed.
11
Q
Can a spouse be compelled to testify?
A
No – absent rare circumstances.
12
Q
Unlike spousal immunity, the marital communications privilege…
A
is an evidentiary rule. This protects confidential spousal communications made during marraige from being disclosed in legal proceedings.
[must be communications made in private between spouses not intended for others.]
13
Q
If a spouse voluntarily agrees to testify in a criminal proceeding against their spouse, the criminal spouse may not…
A
object to the testimony.
14
Q
Prior convictions are not admissible as impeachment evidence during the guilt phase if….
A
the Defendant did not testify.
15
Q
Prior convictions are relevant during…
A
the sentencing phase of one’s trial.
16
Q
How does the prosecution admit evidence as to a Defendant’s prior convictions in the sentencing phase of a trial?
A
The Commonwealth should provide notice of its intention to introduce final orders evidencing a Defendant’s prior criminal history by providing notice to the Defendant at least 14 days prior to trial.
17
Q
Where should a criminal Defendant direct his appeal?
A
The Virginia Court of Appeals.
18
Q
In order to perfect an appeal, a criminal Defendant should…
A
(1) file a notice of appeal with the Circuit Court within 30 days of entry of his sentencing order;
(2) Transmit notice to the prosecutor of the case;
(3) File a copy of the notice of appeal with the clerk of the Court of Appeals;
(4) Pay the filing fee with the Court of Appeals.
19
Q
A notice of appeal should contain…
A
A statement on whether any transcript or statement of facts, testimony, or incidents of trial will be filed; and the appropriate certificate.
20
Q
If a transcript is to be filed for an appeal, it must be filed with…
A
the office of the clerk of the trial court no later than 60 days after entry of judgment.
21
Q
Once a trial record has been received by the Court of Appeals, an appellate will have…
A
40 days to submit their opening brief.
22
Q
A violation of the Fourth Amendment, if one occurred, should only result in the suppression of any evidence…
A
that resulted from the violation.
23
Q
The U.S. Supreme Court has held that police officers may make an arrest without a warrant if the officers have…
A
probable cause to believe that the person had committed a crime.
24
Q
Probable cause exists if the officer has…
A
knowledge that would warrant a reasonably prudent person to believe that the person has committed or is committing a crime.
25
If police receive an anonymous tip, they may need...
additional corroboration for probable cause.
26
The automobile exception allows for...
a warrantless search of an automobile because vehicles are inherently movable and subject to disappearing.
## Footnote
Still must have probable cause to believe that the vehicle contains contraband or another evidence of a crime.
27
A search of a vehicle is allowable, incident to arrest, in areas...
within reach of the arrestee.
28
The 5th Amendment protects...
a person's right not to incriminate onself.
29
Miranda v. Arizona requires that once a person is placed into custody, that person must be...
informed of his right to remain silent before interrogation is commenced.
30
The Miranda requirement applies also to statements or other actions by police that are...
designed to elicit a response.
31
One is likely in police custody if...
They are not free to terminate the questioning and leave at will; or whether, under circumstances, the suspect believes that he is not free to leave at will.
32
While a Defendant has a right to a trial by jury under the 6th Amendment, he does not have a constitutional right to...
demand a trial by a judge.
33
(TRUE/FALSE): No constitutional right is violated by the government's ability to veto the right of a defendant to waive a jury trial.
TRUE.
34
(TRUE/FALSE): A juvenile has the same rights to waive a jury trial as an adult.
TRUE.
35
A jury trial may only be waived with the consent of...
the defendant, the Commonwealth, and the court.
36
If a juvenile is 16 years of age or older and is charged with a felony, what court proceeding should occur first?
The juvenile court should conduct a preliminary hearing.
37
If a juvenile court finds probable cause in a preliminary hearing, the court will then...
certify the charge to the grand jury.
38
If a juvenile court finds probable cause for a charge where the Commonwealth wants to try the juvenile as an adult...
the juvenile court loses jurisidction over the charge and any ancillary charges, and the Commonwealth may seek direct indictment.
39
A direct indictment by the Commonwealth after a juvenile proceeding will...
cure any error or defect in the juvenile court proceeding.
40
A juvenile proceeding MUST occur before...
the Commonwealth obtains a direct indictment for the juvenile to be charged as an adult.
| because the juvenile court has jurisdiction still until the proceeding.
41
What motion should be filed if a confession has been procured in violation of Miranda rights?
Motion to quash confession
42
If a person being interrogated clearly indicates his desire to stop talking...
the officers must stop interrogating such person, else they may violate his Miranda rights.
43
The confrontation clause of the 6th Amendment gaurantees...
the right of cross examination.
44
A defendant (can/cannot) cross examine a witness to any evidence that bears on that witnesses' credibility.
CAN.
45
A principal in the second degree is one who...
aided and acted in concert with the principal in the 1st degree.
46
If there is a concert of action between 1st and 2nd degree principals...
the 2nd degree principal is deemed to share the intent of the 1st degree principal, and thus will be criminally responsible for those acts.
47
The exculpatory defense of entrapment is available when...
criminal design originated with the police and the defendant was not predisposed to commit the crime before contact with the police.
48
The defense of entrapment is not available if...
law enforcement merely presents the offender with the opportunity to commit a crime to which he readily acquisced.
49
If one deals in drugs but they do not possess the intent to profit off of the drugs, an argument may be available for...
an accomodation defense. This is not an exclupatory defense but it is a mitigating defense.
50
Only a ____ but not a ____ is required when statutory burglary is committed in the nighttime.
entering; breaking.
51
A "breaking" requires no more than...
opening an unlocked door.
52
If the court finds that a joint trial would constitute prejudice to a defendant, the court...
shall order severance as to that defendant or provide such other relief as justice requires.
53
Prejudice to a Defendant occurs when...
the factdinder may be prevented from making a reliable judgment about guilt or innocence.
54
One may have committed embezzlement if they...
(1) Wrongfully and fradulently converted for his own use with the intent to permanently deprive the rightful owner of the use; and
(2) The property was entrusted to the Defendant; and
(3) The property was worth $1,000 or more.
55
Extortion consists of...
1. Threatening to injure a person or property and thereby extorting pecuniary benefit; or
2. Sending a note or email message threatening to kill or do great bodily harm to the victim or their family.
56
If a violation of the 4th Amendment occurs, it should result in....
the suppression of any evidence that resulted from the violation.
57
The U.S. Supreme Court has held that police officers may make an arrest without a warrant if....
the officers have probable cause to believe the person had committed a crime.
58
The probable cause inquiry considers....
the totality of the circumstances.
59
(TRUE/FALSE): A search by a private citizen can result in a violation of the 4th Amendment.
FALSE.
60
One who intends to commit a crime and commits a direct, but ineffectual acts towards commission of the crime, has committed...
the crime of an attempt.
61
No Virginia case recognizes abandonment as a defense to the crime of...
attempt.
62
HYPO: Tom & Jerry agreed to commit separate bank robberies. At the same time on the same day, Jerry drove to the First National Bank and robbed it while Tom went to Bluewater Bank, intending to rob it. Tom, with a toy gun concealed in his coat pocket, walked to a teller window. He was so nervous that all he could do was whisper to the teller, “This is a robbery.” The teller said, “I’m sorry. I didn’t hear what you said.” At that point, Tom turned, rushed back outside without getting any money, took out his cell phone, and sent Jerry a text message saying, “I can’t do it. I’m outta here.” He boarded a bus for Richmond and didn't return to the bank. Jerry was arrested and confessed to the robbery of First National, and also told police about what Tom had done at Bluewater Bank. Police arrested Tom and charged him with attempted robbery. What result is most likely?
Guilty -- because all the elements of attempted robbery are present.
63
Where a defense attoney will make a Motion to Suppress evidence in the Circuit Court, his motion:
(1) Must be in writing;
(2) Must be filed no later than 7 days before the trial; and
(3) Must be noticed to the prosecution.
64
In a criminal trial, where either attorney makes a Motion to Separate the Witnesses, the witnesses...
shall be excluded from the courtroom when not testifying, except the victim, who may remain if it would not impair the conduct of a fair trial.
| The court is required to grant this.
65
An attempt to exclude particular items of evidence, such as witness statements of identification or items of phyiscal evidence must be made by a motion to...
suppress.
66
Probable cause is a ____ standard.
common sense
67
Can evidence that is already admitted later be suppressed?
NO.
68
Does the judge have discretion to hear a motion to suppress that is not filed timely?
Yes.
## Footnote
But they could also rule that the motion has been waived.
69
A suspect's identification is not violative of due process if there is...
ample substantiation as to the suspect's identity to satisfy the probable cause standard.
70
Motions to strike made at the conclusion of the Commonwealth’s case-in-chief are viewed in a light...
most favorable to the Commonwealth, with all reasonable inferences drawn in favor of the Commonwealth.
71
(TRUE/FALSE): The existence and use of a firearm during the commission of a crime can be established by circumstantial evidence.
TRUE.
## Footnote
It is not necessary that the victim saw the firearm, nor that one be admitted into evidence at trial.
72
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.
73
When drugs are found on the driver of a vehicle, is there probable cause to search the passengers?
Not unless there is other evidence to support probable cause.
74
If a traffic stop is prolonged to allow for dog-sniffing after the duration of the traffic stop has been completed, and drugs are found subsequently, those charged with possession should file...
a motion to suppress on the grounds that the search was illegally prolonged, where officers had no reasonable articulable suspicion to extend the duration of the stop.
75
The use of a drug-sniffing dog in a traffic stop is permissible if...
the sniffing occurred before the officer concluded or reasonably should have concluded the traffic stop.
76
As a bailee of a vehicle, one has a....
reasonable expectation of privacy as to the vehicle.
| and thus standing to object to its search.
77
As the bailee of a vehicle, one has the lawful authority to consent to....
a search of the vehicle.
78
If one consents to a search of their vehicle without limiting the scope or place, the officer may look....
anywhere in the vehicle, including in a locked glove compartment.
79
Possession of a drug requires....
actual or constructive possession, with knowledge of the character of the drug, by one who exercises dominion and control over the drug.
80
To convict one for possession of a firearm by a convicted felon, all that is required is....
knowing possession of the gun, not ownership.
81
Under the plain view exception to the warrant requirement, police may...
seize illegal items which they observe in plain view, so long as they have the right to be where they observe the items, and that the item is immediately apparent to be contraband.
82
In execution of a valid search warrant, police are permitted to search...
any place or container where the object of the search may reasonably have been found.
83
Felony murder is one which...
occurs during the commission of a separate felony.
84
In Virginia, a guilty verdict may be set aside for...
error committed during the trial or if the evidence is unsufficient as a matter of law to sustain a conviction.
85
Conviction of the underlying crime raises no double jeopardy problem when...
under the Blockburger test, each crime contains an element which the other does not.
86
In any case where a Defendant has been tried and convicted to an act he has also conspired to commit, the prosecution is barred from...
bringing a subsequent separate prosecution for the conspiracy.
87
A Terry stop requires....
articulable reasonable suspicion.
88
If a subject consents to a warrantless search, the consent can be negated if the consent was not....
freely and voluntarily given, under the totality of circumstances.
89
In determining whether statements made without Miranda warnings were admissible, the court must determine if the statement was made...
during a custodial interrogation of the Defendant.
90
Where the police employ a technique of interrogating first, then giving Miranda warnings, then re-questining in an attempt to avoid Miranda's requirements...
they have violated Miranda and the subsequent Miranda statement cannot be used.
91
First degree murder occurs when a Defendant kills one...
(1) maliciously; and
(2) willful, deliberate, and premeditated; or by poison; lying in wait; imprisonment; or starving.
92
Malice is the state of mind which results in...
the intentional commission of a wrongful act, absent justification, typically with the intent to cause harm to others.
93
Premeditation means that a defendant acted with...
specific intent to kill, adopted at some time before the killing.
94
If one aids in the commission of a crime before it occurs, with knowledge of the intent of the principal, but is not physically present when it occurs, he is likely a....
accessory before the fact.
95
(TRUE/FALSE): An accessory before the fact is liable for the same punishment as the person who actually committed the crime.
TRUE.
96
One is an accessory after the fact if he...
(1) knew or should have known that the crime was committed; and
(2) comforted, relieved, hid, or otherwise assisted the perpetrator;
(3) with the intent of helping that person escape or to delay his punishment.
97
(TRUE/FALSE): An accessory after the fact is liable for the same punishment as the person who actually committed the crime.
FALSE. He is not charged with the crimes of the perpetrator.
98
Virginia law provides that you cannot be found guilty of being an accessory after the fact if the principal or accessory before the fact is any of the following to you:
Your spouse. Your parent or grandparent. Your child or grandchild.
99
A Defendant may be on trial for multiple offenses at the time time if the offenses are...
party of the same common scheme or plan.
100
A Defendant's multiple offenses may be severed at trial if....
justice requires it and the Commonwealth consents.
101
During the lawful arrest of a person, it is reasonable under the 4th Amendment to...
search the person being arrested.
102
In a search incident to arrest, must police determine whether the arrestee likely possessed evidence related to the crime or whether he was likely to be armed?
No -- law enforcement may perform a search incident to arrest within the person's immediate control.
103
A cell phone's contents may not be searched unless...
law enforcement has a valid search warrant OR probable cause + exigent circumstances.
104
After a vehicle is lawfully seized or impounded by law enforcement, law enforcement must....
conduct an inventory search and list the contents found for safekeeping.
105
Robbery occurs when...
(1) Defendant intended to steal;
(2) Defendant took property;
(3) From another or in their presence; and
(4) The taking was against the will of the owner or possessor; and
(5) Defendant used violence, intimidation, or threat to accomplish.
106
Withdrawing from a conspiracy is not effective if it occurs after...
co-conspirators are already engaged in committing the substantive offense.
107
Abduction occurs when a person....
by force or intimidation, seizes, takes, transports, or detains another person with the intent to deprive that person of liberty.
108
If one is charged with both robbery and abduction, he may argue that....
the crime of abduction was merely incidental to the robbery.
109
(TRUE/FALSE): During a lawful stop of a vehicle, the police, for self-protection, may require occupants to exit the car and the police may detain occupants until the stop is complete.
TRUE.
