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VA: Final Review > Criminal Law > Flashcards

Flashcards in Criminal Law Deck (64):
1

Battery (3)

1. Unlawful
2. Force
3. Bodily harm or offensive touching

2

Assault (3)

1. Intentional
2. Reasonable apprehension
3. Imminent bodily harm

3

Wounding While Committing a Felony (3)

1. Shoot, stab, display firearm
2. Threatening way
3. Felony

4

Malicious Wounding (3)

1. Shoot, cut, stab, wound
2. Intent
3. Maim or disfigure

Aggravated if permanent impairment

Note - this resembles the CL crime of mayhem (which hasn't been codified in VA)

5

Reckless Endangerment (3)

1. Throw an object
2. From balcony or rooftop
3. Intent to injure someone

6

Capital Murder (4)

1. Willful
2. Deliberate
3. Premeditated
4. Aggravating circumstance

7

First Degree Murder (5 individual bases)

1. Poison
2. Lying in wait
3. Imprisonment
4. Starvation
5. Willful, deliberate, premed ≠ capital murder OR
6. Felony murder (whether accidental or intentional)

8

Second Degree Murder
• Burden

All murder (except capital and first degree)
• this is the presumption

Prosecution --> elevate to first degree or capital
Defense --> drop to manslaughter

9

Voluntary Manslaughter (2)

1. Intent to kill
2. Heat of passion

10

Involuntary Manslaughter (2)

1. Accidental killing
2. Misdemeanor or criminal negligence
• improperly perform a lawful act that arises to crim neg

11

Felony Murder (2)

1. Killing (intentional or accidental)

2. Enumerated felony
• Arson
• Rape
• Forcible sodomy
• Sexual penetration by object
• Robbery
• Burglary
• Abduction

Req't: must be causal connection b/t felony + murder

Note - treated as first-degree murder

12

Felony Homicide (2)

1. Accidental killing
2. Felony not on enumerated list

13

Abduction (3)
• Asportation Req't?

1. Force, intimidate, or deceive
2. Seize or transport
3. Intent to deprive liberty or to hide

Asportation (moving victim) not required if all other elements met

14

Rape (2)

1. Sex
2. Without consent

15

Statutory Rape (2)

1. Sex
2. Victim

16

Carnal Knowledge (2)

1. Sex
2. Victim is 13-14 yrs old

17

Carnal Knowledge (reduced felony) (5)

1. Sex
2. Victim is 13-14 yrs old
3. D = minor
4. Age gap = no more than 3 yrs
5. Consent

18

Larceny (2)
• Elements (2)
• Petit larceny
• Rebuttable Presumption of Larceny?
• Lesser included offense of what crime?

1. Exclusive possession of
2. Stolen property

Petit larceny involves lessor amounts (less than $200)

Note - this crime includes any larceny, embezzlement, or false pretenses under the CL

Presumption (rebuttable)
1. Unexplained
2. Exclusive possession of
3. Recently stolen property

Lesser included offense of robbery

19

Extortion (3 individual bases)

1. Threaten injury to character, person, or property
2. Accuse someone of crime in order to get money OR
3. Give note threatening death or bodily harm

20

Burglary (5)

1. Breaking
2. Entry into
3. Another's dwelling (including outhouses)
4. Day (breaking) or night (w/out or w/out breaking)
5. Intend to commit a felony (at time of entry)

21

Arson (2)

1. Maliciously burn
2. Any building (except outhouses)

22

Principal in the First Degree: Conduct + Liability

Commits the illegal act

Liable for principal crime

23

Principal in the Second Degree: Conduct + Liability

At crime scene + (commits overt act or shares P1's intent)

Liable for principal crime

24

Accessory Before the Fact: Conduct + Liability

Orders, encourages, or aids and abets principal
• but not present during commission of the crime

Liable for principal crime

25

Accessory After the Fact: Conduct + Liability

Knows a/b crime + assists principal in escaping
• exception - close family member

Liable for separate crime of being an accessory

26

Conspiracy (3)
• Elements
• Overt Act Req't?

1. Agreement
2. Between 2 or more ppl
3. Intent to commit a felony

No overt act req't!

27

Solicitation (2)

1. Commanding, entreating, or trying to persuade someone
2. To commit a felony

28

Attempt (3)

Direct Act Test:
1. Direct act
2. Intent
3. Falls short

29

Perjury (two individual bases)
• Elements (3)
• What prosecutor must prove to convict? (3)

Willful + false swearing a/b material matter + under oath

1. Sworn testimony on two separate occasions
2. The testimony contradicts itself
3. Intent to testify falsely

30

Bribery (3)

1. Corrupt gift or offer of such gift
2. To public official, candidate, or employee
3. Intent to influence official acts

31

Obstruction of Justice (two individual bases)

Try to intimidate officer of court, witness, or cop

OR

Knowingly and willfully make false statements to cop who is conducting a crime allegedly committed by another

32

False Reports (2)

1. Knowingly give false reports
2. Intent to mislead cops a/b the crime

33

Concealing/Compounding (two individual bases)

Take money to compound, conceal, or not prosecute a crime

OR

Willfully conceal or destroy evi to hinder prosecution

34

Resisting Arrest

Prevent cops from lawfully arresting you

35

Defense: Insanity
• Elements
• Applicable Crimes
• Notice Req't?
• Burden of Proof

M'Naughten Rule
1. Mental disease or defect
2. Didn't know act was wrong or didn't understand act

OR

Irresistible Impulse - even if D understood his actions, his mental illness made him unable to control actions

All crimes

Notice Req't: 60 days before trial (written)

Burden of Proof: To the jury's satisfaction (open-ended)

36

Defense: Voluntary Intoxication
• Applicable Crimes

1. Voluntarily and intentionally
2. Take knowingly intoxicating substance

NOT A DEFENSE
• exception: (i) permanent insanity; (ii) can't meet premeditated prong of capital or first degree murder

37

Defense: Involuntary Intoxication
• Applicable Crimes

1. Unknowingly take intoxicating substance
2. Under duress or medical advice

Possibly all crimes

38

Defense: Infancy
• Applicable Crimes

??

39

Self-Defense or Defense of Others
• Retreat Req't?
• Mistake?

Non-Deadly Force: reasonably necessary

Deadly Force: reasonable fear of imminent death or great bodily injury by some overt act

No retreat req't
• exception - D was aggressor or at fault

Mistake
• Reasonable --> self-defense
• Unreasonable --> no self-defense (CL)

40

Defense of Dwelling

Non-Deadly Force: prevent entry

Deadly Force: fearing great bodily injury
• standard: clear threat to human life

41

Defense of Other Property (non-dwelling)

Non-Deadly Force: reasonably necessary to retain property

Deadly Force: NEVER

42

Entrapment

1. Criminal design originated w/ police AND
• not enough that cop provides opp to commit crime

2. D not predisposed to commit crime before police contact
• mere inclination to engage in illegal activity is NOT enough

Note: Direct Relevance Test - gov't may use prior crimes to show predisposition if:
(i) recent
(ii) similar crime AND
(iii) probative value > outweighs prejudice

43

Duress

Reasonably believed that criminal conduct was only way to avoid imminent death or serious bodily injury to himself or another

Note - no defense if you kill an innocent person

44

Accomplice Liability
• Conviction Req't?
• Withdrawal

No conviction req't: not necessary for principal of first degree to be convicted, but must show that principal of first degree committed a crime before the accessory before the fact can be convicted of the principal crime

Withdrawal
1. Stop aid and encouragement (words or acts)
2. Before felony committed

45

Conspiracy
• Conviction Rule (and exception)
• Acquittal Rule
• Co-Conspirator Hearsay Exception

Conviction Rule: if convicted of substantive offense, can't retry for conspiracy

Exception:
1. Conspiracy based on acts separate from substantive offense OR
2. Convictions occur in same trial

Acquittal Rule: if D acquitted of substantive offense, can't prosecute for conspiracy

Co-Conspiracy Hearsay Exception: statement made in furtherance of and during conspiracy is admissible

46

Marital Rape (two individual bases)

Limited
1. Spouses live separate and apart (no sexual relationship) OR
2. Victim has serious physical injury

47

Capital Murder: Aggravating Circumstances

1. Abduction
2. For hire
3. Inmate or policy custody
4. Armed robbery (including attempt)
5. Forcible rape, sodomy, or sex by object
6. Victim = cop, judge, or marshal
7. Prevent witness from testifying in court
8. Multiple victims during crime
9. Multiple victims during 3 yr period (serial killer)
10. Kill to further drug crime
11. Criminal enterprise
12. Victim = pregnant woman (intent to end pregnancy)
13. Victim 21
14. Terrorism (including attempt)

48

SOL for a criminal offense has run: what result?

If the D raises the defense before verdict (jury trial) or before judgment (bench trial), then D is entitled to an acquittal
• otherwise, the defense is waived

49

SOL: Attempt to Produce Abortion

2 yrs

50

SOL: Petit Larceny

5 yrs

51

SOL: Misdemeanors

1 yr

52

SOL: VA Unemployment Compensation Act (false statements)

3 yrs

53

Act of Terrorism: Merger?

No - this is a separate offense

54

Rebuttable presumption that a juvenile over the age of ____ but less than _____ lacks the physical capacity to commit rape.

Over age 10 but less than 12

55

How many days does defense counsel have to notify the Commonwealth that it will raise an insanity defense?

60 days before trial

56

The maximum time D has to withdraw his guilty plea?

Within 21 days of entry of a final order

57

A merchant who has probable cause to believe that someone has shoplifted on the merchant's premises may detain that person pending the arrival of cops for how long?

1 hr

58

Sex with a child under the age of _____ is punished as rape.

13

59

Convicted of Perjury: Consequences (2)

1. Can't hold office under the VA constitution
2. Can't serve as a juror

60

A person who threatens to kill/injure another, or to commit violence against another's property, or to trespass on property will be required to give a recognizance to keep the peace for a period not to exceed what length of time?

1 yr

61

Riot

1. Collection of ppl
2. Assembled to commit and assault or battery
3. Upon any person
4. Without authority of law

62

Self-Defense: Physical Force: Reasonable Appearance

D's subjective viewpoint at the time he acted

63

Subordination of Perjury
• Elements (2)
• What prosecutor must prove to convict?

Inducing another + to give false material testimony

D procured, induced, counseled, or advised another to give false testimony

Note - may be punished as if D committed perjury

64

Alford Plea

D acknowledges that there's sufficient evidence to convict him, but he doesn't plead guilty