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80 Cards in this Set

  • Front
  • Back
What are the 11 specific intent crimes?
1. Assault
2. 1st degree murder
3. Larceny
4. Embezzlement
5. False pretenses
6. Robbery
7. Forgery
8. Burglary
9. Solicitation
10. Conspiracy
11. Attempt
When can liability arise due to an omission?
1. By statute
2. Contract
3. Status relationship (parent-child or husband-wife)
4. Voluntary assumption of care
5. Creation of peril
Which 2 crimes require malice?
1. Murder
2. Arson
Which crimes are strict liability?
1. Public welfare offense (e.g., selling alcohol to a minor)
2. Statutory rape
Is mistake of fact a defense?
Yes. If specific intent, an honest mistake. If general intent, an honest and reasonable mistake.
What is battery?
The unlawful application of force to another resulting in bodily injury or offensive touching.
What are the definitions of assault?
1. Attempted battery, OR
2. Intentional creation other than by mere words of a reasonable apprehension in the mind of the victim of imminent bodily harm.
What law does VA follow for assault and battery?
Common law
What is it called if D shoots, stabs, cuts, or wounds victim with intent to maim (VA)?
Malicious wounding.
What is "malice aforethought"?
1. Intent to kill
2. Intent to inflict great bodily injury
3. Extreme recklessness
4. Felony murder
When does the doctrine of transferred intent not apply?
To attempt
What constitutes "adequate provocation" for voluntary manslaughter?
(1) Would arouse sudden/intense passion in mind of ordinary person and (2) no cooling time
What inference does use of a deadly weapon create?
Inference of intent to kill
In VA, what are the grounds for 1st degree murder?
1. Poison
2. Lying in wait
3. Imprisonment
4. Starvation
5. Any premeditated killing that does not fall within capital murder
All murder is presumed to be what level in VA?
2nd degree
What are the 7 underlying crimes for felony murder in VA?
1. Arson
2. Rape
3. Forcible sodomy
4. Robbery
5. Burglary
6. Abduction
7. Inanimate object sexual penetration
If a death happens during a non-enumerated felony, what is the appropriate charge?
Felony homicide.
What is larceny?
The trespassory taking and carrying away of personal property of another with the intent to steal.
What is embezzlement?
Conversion of personal property of another by person already in lawful possession of that property with the intent to defraud.
How is embezzlement different from larceny?
Embezzlement requires that D already have lawful possession over the property that allows him to exercise some discretion over the property.
What is false pretenses?
Obtaining title of personal property of another by intentional false statement with intent to defraud.
How is false pretenses different from larceny?
In false pretenses, title is actually acquired.
What is larceny by trick?
D obtains possession (but not title) as a result of intentional false statement
In VA, what is grand larceny?
-Larceny from person of another of things worth $5 or more

-Larceny not from person of another of firearm or things worth $200 or more
In VA, what is petit larceny?
Amounts less than that in grand larceny.
What type of damage is necessary for arson?
Burning or charring (not mere scorching)
What is arson in VA?
Malicious burning or destruction of any dwelling (=any place where person lodges)
What are the 4 types of accomplice liability (under common law and in VA)?
1. Principal in the first degree
2. Principal in the second degree
3. Accessory before the fact
4. Accessory after the fact
Which types of accomplice liability impose liability for the principal crime?
1. Principal in the first degree
2. Principal in the second degree
3. Accessory before the fact
For which crimes can an accomplice be convicted of capital murder in VA?
1. Murder for hire
2. Commission of an act of terrorism.
How can an accomplice withdraw from a crime?
Must neutralize his assistance or prevent the crime from happening.
On the MBE, what is a conspiracy?
Agreement between 2 or more people to commit a crime plus an overt act in furtherance.

Common law: required 2 guilty minds.
MPC: 2 guilty minds not required.
What is conspiracy in VA?
Agreement between 2 or more people to commit a crime. Must have 2 guilty minds. No overt act required.
How is attempt defined in VA?
A direct act done with the intent to commit a crime but which falls short of completion
What are the capacity defenses in criminal law?
1. Insanity
2. Intoxication
3. Infancy
What are the non-capacity defenses in criminal law?
1. Self-defense
2. Necessity
3. Duress
4. Entrapment
What is the rule for insanity in VA?
D can use M'Naughten test or irresistible impulse test.
What is the M'Naughten test?
D did not know that:
1. His act was wrong, or
2. The nature of his act
What is the irresistible impulse test?
D was unable to:
1. Control his actions, or
2. Conform his conduct to the law
When is voluntary intoxication a defense in VA?
It may be a defense to premeditation (in 1st degree/capital murder) if person was so intoxicated he could not premeditate.
In VA, when can D use non-deadly force?
There is a "reasonable appearance" that such force is necessary, including to:
a. Prevent another's unlawful entry into D's dwelling
b. Defend property in one's possession from unlawful interference
In VA, when can D use deadly force?
1. There is an "imminent danger" of death/great bodily injury
-can never use for defense of property-
Is there a duty to retreat in VA?
No (unless D was at fault)
In VA, can D use self defense if he was the aggressor?
Only if he has a total abandonment of the original attack.
Which types of crimes can deadly force be used to prevent?
To prevent a felony risking human life.
Which types of crimes can non-deadly force be used to prevent?
A crime.
What is the rule for defense of others in VA?
D steps into the shoes of the person he defends.
When is necessity a defense?
D believed conduct was necessary to prevent greater harm (but NEVER a defense to homicide)
When is duress a defense?
D was forced to commit crime under threat of serious physical injury (but NEVER a defense to homicide)
What are the elements of an entrapment defense?
1. Criminal design originated with government, and
2. D was not predisposed to commit the crime.
When does D have the right to a jury trial?
Where the max sentenced is more than 6 months (if D did not receive a jury trial judge cannot sentence him to more than 6 months).
How many jurors are required for a felony in VA?
12
How many jurors are required for a misdemeanor in VA?
7
In VA, who does the sentencing?
The jurors
In VA, must a jury verdict be unanimous in a criminal case?
Yes
How many peremptory challenges does in each side get for felonies and for misdemeanors in VA?
Felonies: 4 strikes
Misdemeanors: 3 strikes
What is the test for ineffective assistance of counsel?
1. Counsel's performance was deficient, AND
2. Outcome of trial would've been different but for the deficiency.

(Very hard standard to meet.)
On what grounds may a D withdraw his guilty plea?
1. Plea was involuntary
2. JX defect
3. Ineffective assistance
4. Prosecutor fails to fulfill bargain
What is an Alford plea?
D concedes only that the prosecution has sufficient evidence to prove the case (not an admission of guilt).
What is a nolo contendere plea?
D agrees that court may consider him guilty for the purpose of imposing judgment and a sentencing, but it is not a confession or a declaration of innocence.
During what time period may D withdraw his guilty plea in VA?
1. Before sentence is imposed/suspended
2. Within 21 days after entry of final order if court sets aside judgment in order to correct a manifest injustice
When does double jeopardy attach in a jury trial?
When jury is sworn in
When does double jeopardy attach in a bench trial?
When first witness is sworn in
When does double jeopardy attach in a guilty plea?
When court accepts D's guilty plea unconditionally
When is D's right to 'plead the 5th' eliminated?
1. Prosecution grants use and derivative use immunity
2. D takes the stand
3. SoL has run
If D is in custody, when will the speedy trial right permanently discharge D from prosecution?
5 months from preliminary hearing.
If D is NOT in custody, when will the speedy trial right permanently discharge D from prosecution?
9 months from preliminary hearing.
When is a trial deemed to have commenced for speedy trial purposes?
At same time as when double jeopardy attaches.
How might D waive his speedy trial right?
1. Failing to oppose motion for continuance
2. Failing to invoke right until after final judgment
In VA, which court has original JX over misdemeanors?
GDC
In VA, which court has original JX over felonies?
Circuit Court (GDC holds preliminary hearings)
What is a criminal D's right to appeal in VA?
NONE--all appeals are discretionary (except death penalty is automatically appealed to the VA SC).
What is the general statute of limitations for misdemeanors?
1 yr
What is the general statute of limitations for felonies?
Generally no limitation
What is an indictment?
A written accusation of a crime prepared by prosecutor and returned a "true bill" upon oath by grand jury (signed by foreman).
What is a presentment?
A written accusation of a crime prepared and returned by a grand jury from its own observation without any appropriate bill laid before them.
What is an information?
A written accusation of a crime or complaint for forefeiture of property or money prepared and presented by a competent public official upon his oath of office.
Where is venue for habeas corpus?
Case must be filed where D was originally sentenced (except for death penalty cases, which immediately go to VA SC).
Which trial rights are not waivable?
1. Appearance
2. Failure to state an offense
Which trial rights are waivable by an affirmative action?
1. Counsel
2. Miranda
3. Jury trial