Criminal Law

Front 1

How does a state get jurisdiction for a criminal offense?

Back 1

In the state where a SIGNIFICANT PORTION of the crime occurred

Front 2

Where is venue of a criminal case?

Back 2

Where the crime occurred, proved by circumstantial evidence

Front 3

What are the three specific rules of merger to keep in mind?

Back 3

1) Attempts merge with completed offense
2) Manslaughter merges into a murder
3) Solicitation merges with actual crime, attempt, or conspiracy

Front 4

How will a statute be struck down for vagueness?

Back 4

If elements cannot be established with reasonable certainty

Front 5

When can a failure to act be a crime?

Back 5

1) Familiar relationship
2) Contractual Obligation
3) Defendant affirmatively began to act (keeping others from rescuing)

Front 6

What are the specific intent crimes

Back 6

1) Inchoate offenses
2) First Degree Murder
3) Assault
4) Larceny, False Pretenses, and embezzlement
5) Robbery and Burglary

Front 7

What are malice crimes?

Back 7

1) Arson
2) Murder

Front 8

What are strict liability crimes?

Back 8

1) Regulatory Crimes
2) Statutory Rape, selling liquor, bigamy

Front 9

What happens if someone thinks he killed someone, but didn't, but tried to get rid of the body in a manner that killed him?

Back 9

A legal fiction is created to give that person mens rea necessary for murder

Front 10

What is a principal in the first degree?

Back 10

1) Present at scene of crime
2) Commits an element of crime

Front 11

Principal in second degree?

Back 11

1) Present
2) Provides assistance
3) Does not commit an element

Front 12

What is accessory before the fact?

Back 12

1) Not present at crime
2) Provides assistance for the crime

Front 13

What are elements of accessory after the fact?

Back 13

1) Provides assistance to fleeing criminal

Front 14

What are the consequences of being a principal?

Back 14

1) Joined together in a single prosecution
2) Held responsible for the FORESEEABLE crimes of others?

Front 15

You're in a conspiracy to commit robbery, but all agree to use fake guns. Someone brings a real gun and kills someone. Are you liable for the murder?

Back 15

YES! Someone bringing a gun is foreseeable!

Front 16

In felony cases, what happens to the principal in a second degree? Exceptions?

Back 16

Treated as principal in 1st degree, but can't get death penalty, UNLESS murder for hire

Front 17

If a ringleader is acquitted of all charges, can other principals or accessories before the fact be charged?

Back 17

Yes! But must be shown that the ringleader committed the crime

Front 18

What can solicitation be liable for (in addition to solicitation?)

Back 18

Can be held as party to completed crime (probably Principal in 2nd degree)

Front 19

What is a conspiracy?

Back 19

1) Two or more people
2) with capacity to commit a crime
3) Have intent to enter
4) Into agreement to commit a crime

Front 20

Does Virginia have a bilateral or unilateral approach to conspiracy?

Back 20

Bilateral (two parties need to think there is an agreement)

Front 21

What is the point where you can't withdraw from a conspiracy?

Back 21

Once the OVERT ACT is completed

Front 22

What liability does person face for being in conspiracy (in addition to conspiracy)

Back 22

ALL FORESEEABLE CRIMES in furtherance of conspiracy

Front 23

What is the effect of person properly withdrawing from a conspiracy?

Back 23

Not responsible for FORESEEABLE crimes, but still responsible for conspiracy

Front 24

What is required for an attempt in Virginia?

Back 24

Must take direct step toward completion of crime with the intent to commit the crime

Front 25

What is not a defense to Attempt? What is?

Back 25

1) Factual impossibility is not a defense
2) Mistake of Law is! (Trying to commit a crime that doesn't exist is not a crime)

Front 26

What is the insanity rule in Virginia?

Back 26

1) M'Naughten Rule ("D did know his actions were illegal)
2) Irresistible Impulse (Could not resist urge to commit crime)

Front 27

What are the extra procedures for raising an insanty defenses?

Back 27

1) 60 days notice to government before trial
2) Defendant must prove "to the jury's satisfaction"

Front 28

What's the MPC test for insanity?

Back 28

1) Substantial impairment of ability to appreciate wrongness of act
2) could not conform conduct with the law

Front 29

When is voluntary intoxication a valid defense? (MPC & VA)

Back 29

1) Specific intent crime
2) 1st Degree Murder ONLY

Front 30

When can mistake of fact be a defense?

Back 30

For SPECIFIC INTENT CRIMES

Front 31

When is mistake of law a defense?

Back 31

Only when you rely on the statement of a GOVERNMENT OFFICIAL

Front 32

When can you use self-defense in defense of property?

Back 32

ONLY if person is working her way INTO the house

Front 33

When can a police officer use force to stop a fleeing suspect?

Back 33

1) Felon poses SERIOUS RISK OF DANGER to others
2) Probably cause person committed crime
3) Reasonably necessary to use force to prevent escape

Front 34

When can you not raise the defense of duress or necessity?

Back 34

Any INTENTIONAL killing of another

Front 35

What are the elements of entrapment?

Back 35

1) D proves Police instigated the crime by INDUCING D to act
2) Government must then show D WAS PREDISPOSED TO COMMIT THE CRIME prior to government contact

Front 36

What evidence is allowed to show D was predisposed to commit the crime?

Back 36

Can use prior crimes are
1) related
2) within reasonable period of time

Front 37

Which assault is NOT a specific intent crime?

Back 37

THE APPREHENSION of battery kind

Front 38

What does "malice" require? (4)

Back 38

1) Intent to kill
2) Intent to inflict great bodily harm
3)Implied malice (depraved heart)
4) Felony Murder

Front 39

What are requirements for felony murder?

Back 39

1) Killed by a DEFENDANT
2) during a violent felony
3) and Government proved underlying felony beyond a reasonable doubt

Front 40

What are statutory defined violent felony? (7)

Back 40

1) Arson
2) Rape
3) Forcible sodomy
4) Inanimate object sexual penetration
5) Robbery
6) Kidnapping
7) Burglary

Front 41

What is requirement for first degree crime?

Back 41

It must be PREMEDITATED and DELIBERATE

Front 42

What are requirements for voluntary manslaughter?

Back 42

1) Sudden action
2) In heat of passion caused by
3) Adequate provocation

Front 43

What are two ways you can commit involuntary manslaughter?

Back 43

1) Lawful act DONE RECKLESSLY
2) An Unlawful act that caused death

Front 44

What are requirements for cause in fact?

Back 44

Shortening a persons life by one second!

Front 45

what does an intervening act do to proximate cause?

Back 45

nothing!

Front 46

What are elements for kidnapping

Back 46

Movement of a person against her will

Front 47

What is rape?

Back 47

Intercourse by force or threat of force without consent

Front 48

What are elements of larceny?

Back 48

1) Taking and carrying away of personal property
2) By Trespass
3) With Intent to permanently deprive the owner of the property

Front 49

What is the value to make something grand larceny?

Back 49

Over $200

Front 50

What are elements of receipt stolen property?

Back 50

1) Person ACTUAL receives PERSONAL PROPERTY
2)with KNOWLEDGE that it's been stolen
3) With INTENT to permanently deprive the owner

Front 51

What are elements of robbery?

Back 51

1) Personal property taken
2) with INTENT to PERMANENTLY deprive property
3) From another's presence
4) by force or threat of force

Front 52

What are elements of burglary?

Back 52

1) Breaking and Entering
2) Someone else's dwelling (or building in VA)
3) At night (for 1st Degree in VA)
4) With INTENT to commit a felony inside

Front 53

What are elements of arson?

Back 53

1) Malice +
2) Building (Dwelling under CL)
3) Actual burning, not just a scorch