Crim Law

Front 1

Accessory to a crime

Back 1

-accessory before fact: not present at commission of offense, but concerned therein as a contriver or instigator.
Cannot convict acc before fact unless enough evidence to convict principle
In felony cases the acc before fact can be convicted as though he were principal in first degree

Front 2

Voluntary intoxication as a defense

Back 2

Vol Intox is no defense to any crime, including specific intent crimes
-exception: it can reduce1st degree murder to 2nd degree

Front 3

Self Defense

Back 3

Self defense is an affirmative defense that places bop on defendant to prove he used reasonable force to defend against an assault that a reasonable person would believe there is a need for defense.
-cannot use lethal force to defend property
-self defense requires fear of death or serious bodily injury
-if aggressor completely stops is assault and tries to get out of situation and the victim continues to attack he may then defend himself.

Front 4

Mcnaughten Rule

Back 4

Insanity test

A person is insane if:
-he did not understand the nature and consequences of his acts; or
-was not able to distnguish right from wrong

Front 5

Alford Plea

Back 5

Alfor plea allows defendant to recognize elementsof offense and weight of evidence without admitting guilt.

-advantage: withoutacknowledgement of admitting guilt, plea cannot be used in civil litigation

-Disadvantages:
treated same as a guilty plea
waives all constitutiona lrights attached to criminal trial
waives right to appeal and
waives any objections to admissibility of evidence

Front 6

Mcnoughten Rule

Back 6

A person is insane if:
-he did not understand the nature and consequences of his acts; or
-was not able to distinguish right from wrong

Front 7

Alford Plea

Back 7

Alford plea allows the defendant to recognize elements of offense and weight of evidence without admitting guilt

>advantage-without acknowledgement admitting guilt, plea cannot be used as admission in civil litigation

>disadvantages:
-treated same as guilty plea
-waives all constitutional rights attached to criminal trial
-waives right to appeal; and
-waives any objections to admissibility of evidence

Front 8

self defense

Back 8

self defense requires fear of death or serious bodily injury
-necessity for self defense must not arise out of defendants own misconduct
-aggressor can assert self defense if aggressor retreats prior to self defense

Front 9

Criminal Assault

Back 9

Assault is:
-an attempt
-with force/violence
-to physically harm another
-by means calculated to produce the end if carried into execution

Front 10

Capital murder

Back 10

willful deliberate and premeditated killing

Front 11

Attempt

Back 11

attempt is an unfinished crime requiring:
-intent to commit crime
-an overt act

Front 12

Double Jeopardy

Back 12

The double jeopardy clause of Constitution-person cannot be tried twice for the same offense

-statute only bars successive prosecutions for the same act
-does not bar multiple convictions arising from the same act when those convictions are obtained in a single trial

Front 13

Conspiracy

Back 13

Conspiracy requires:
-agreement between two or more persons, which constitutes the act; and
-intent to achieve unlawful act
-no overt act necessary

Front 14

Embezzlement

Back 14

Defendant wrongfully appropriates with intent to deprive owner, property entrusted to him by virtue of employment or office

Front 15

Justifiable homicide

Back 15

A defendant can affirmatively plead self defense if:
-it occurs when a person without any fault on his part in provoking difficulty kills another under reasonable apprehension of death
-the amount of force must be reasonable in relation to harm
-there must be some overt act indicating immenent danger

Front 16

Excusable Homicide

Back 16

An excusable homicide occurs when the killer has some fault in precipitating events, but retreats, and then kills out of self defense

Front 17

Presumption of 2nd degree murder

Back 17

Every unlawful homicide is presumed to be second degree murder:
-to reduce the offense to manslaughter, the defendant must show lack of malice

>Malice is evidenced when:
-the defendant acts with deliberate mind and formed design; or
-commits a cruel act without great provocation
-malice is inferred from use of deadly weapon

Front 18

Statute of Limitations on Felony

Back 18

VA has no statute of limitations on felony offenses

Statute of limitations on misdemeanor is generally 1 year

Front 19

Criminal Jurisdiction

Back 19

Circuit Courts have jurisdiction over all criminal offenses committed in their respective circuits

Front 20

Intent

Back 20

General: intent to perform the act even though actor may not desire the consequences that result

Specific: Specific intent is more than the intent to do the immediate act. Specific intent is the intent to accomplish the precise criminal act that one is later charged with

Presumed Intent: A person is presumed to intend the immediate, direct, and necessary consequences of a voluntary act. Whether the required intent exists is a question for the trier of fact

Transferred Intent: it permits fact finder to transpose defendant's criminal intent to harm an intended victim to another unintended, but harmed, victim

Front 21

malicious wounding

Back 21

maliciously shooting, stabbing, cutting, wounding, or by any means causing bodily injury to another with the intent to maim disfigure, disable or kill

Front 22

aggravated malicious wounding

Back 22

malicious wounding resulting in the victim's severe injury or permanent and significant physical impairment. Class 2 felony

Front 23

Reckless endangerment

Back 23

it is unlawful for any person, with intent to cause injury to another, to intentionally throw any object capable of causing such injury from a balcony, rooftop or other place more than 1 story above ground level.

Front 24

Kidnapping

Back 24

A person is guilty of kidnapping if he:
-by force, intimidation, or deception;
-without legal justification or excuse;
-seizes, takes, transports, detains, or secrets another person with the intent to:
>deprive such other person of his personal liberty or
>withhold or conceal him from any person, authority, or institution lawfully entitled to his charge; or
>subject him to forced labor or services

*Asportation of victim no required

Front 25

Rape shield law

Back 25

reputation or opinion evidence of the victim's chastity or prior sexual conduct is inadmissible

Front 26

Robbery

Back 26

Intent to steal

personal property of another

by use of violence or intimidation

Front 27

Stalking

Back 27

more than one occasion

place other person in reasonable fear of:
-death
-criminal sexual assault
-bodily injury

Front 28

False Pretenses

Back 28

To establish false pretenses both title and possession of the property must pass from victim to defendant
>obtaining property by false pretenses has been deemed larceny by statute
>Defendant intends and commits fraud and victim relies on fraud to convey title and possession

Front 29

Issuing bad checks

Back 29

is a form of larceny

>A person who with intent to defraud, makes, draws, utters or delivers any check knowing at the time that the maker has insufficient funds.

Front 30

Perjury

Back 30

Swears falsely

under oath

regarding a material issue

Front 31

Bribery

Back 31

Offer of gift to influence an official or witnesses in a trial

Front 32

Liability of Principals and accessories

Back 32

Accessory after the fact in felony case: accessory guilty of class 1 misdemeanor

Misdemeanor case: all parties treated as prinicipal

Front 33

inchoate crimes

Back 33

attempt

conspiracy

Front 34

Defenses

Back 34

self defense

defense of others

defense of property

-duress: no defense to murder

-entrapment: person must not be inclined to commit the crime.

Front 35

Insanity Tests

Back 35

Mcnaghten rule

irresistible impulse test

defenant has BOP to prove insanity at time of offense