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54 Cards in this Set
- Front
- Back
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When does a state have jurisdiction over a crime?
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1. an element of crime committed in state.
2. an act out of state cause an in state result 3. a neglected duty was imposed by the state 4. there was an attempt or conspiracy out of state causing a result in state, or an Attmpt and Cons in state with result out of state |
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Which merges..solicitation and crime, attempt and crime or conspiracy and crime.
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solicitation and crime and attempt and crime
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What are the elements of a crime
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VOLUNTARY Act; Mental State; Causation and Result
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Is there a duty to help?
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No. never...but if start to help must take reasonable care
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What are the ten specific intent crimes?
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Solicitation - intent for person to commit the crime
Attempt - intent to complete the crime Conspiracy - intent to complete crime First Degree murder - premeditation Assaut - intent to battery Larceny/robbery - intent to permanently deprive another of interest in property Burglar - intent to commit a felony in dwellng of another Forgery - intent to defraud False Pretenses - intent to defraud Embezzlement - intent to defraud |
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What are the mental states a crime may require?
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1. Specific intent - inchoate crimes (attempt, soliciation, conspiracy), false pretenses, embezzlement, forgery, 1st degree murder, burglary, assault, larceny/robbery
2. Malice - murder & arson. depraved heart, reckless disregard for life = malice 3. General intent - all other crimes 4. Strict Liability - statutory rape, alcohol to minors |
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Who are the parties to a crime? (VA follows these)
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P1 - Principal commits the act
P2 - Principal in 2nd degree who was at the scene and helped (get away driver) ABF - helped before but was not at the scence [P1, p2 and ABF are liabile for principal crime] AAF - helped after the act by hiding P1 or P2. This is an actual chargable offense BUT in VA - not AAF if related to the principal |
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Describe solicitation
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Inciting, encouraging, demanding or urging another to commit a crime. Crime occurs when the words are spoken. cannot withdraw after words have been spoken
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Describe Conspiracy
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an agreement to commit a crime between two or more parties with intent to enter an agreement and complete the objective.
Must have bilateral agreement- two people with the intent. MPC (modern trend) - unilateral agreement is ok (other party was faking it) Co-conspirator's are liable for other crimes committed if 1) they were committed in furtherance of the conspiracy and 2) were forseeable |
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Can withdrawal be a defense to Conspiracy?
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Maybe. To be effective, the conspirator must perform an affirmative act in time for the others to abandon their plans. If too late, the actiions may relieve conspirator of further acts by the others.
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What are the multi-party conspiracy situations?
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Chain - lot of subparts, each liable for acts of the other. (drug dealers)
Hub and Spoke - one big guy in the middle and a lot of smaller sub-guys. The subs are not responsible for the acts of the others. (chop shops) |
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Describe Attempt
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An act done with intent to commit a crime, that falls short of completion.
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What can and can not be a defense for attempt?
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Factual Impossibility - no defense. (robbing a person with no money)
Legal Impossibility - defense (fishing in a public lake) Abandonment - no defense |
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What are the three insanity tests?
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1. M'Naghten Rule - because of mental condition, D didnt know right from wrong
2. Irristible Impulse - because of mental condition, D couldnt resist doing what he did 3. MPC - because of mental condition, D did not know right from wrong OR could not control himself |
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When is intoxication a defense?
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When it is voluntary and the crime committed required a speicfic intent.
In VA - intox is only a defense to murder |
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What are the justification defenses?
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1. Self Defense
2. Defense of Others 3. Defense of Home 4. Defense of Property 5. Necessity |
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When can self-defense be appropriate
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Anytime there is a threat. BUT cannot use deadly force unless 1) person is without fault 2) person is confronted with unlawful force and 3) threat of death or great bodily harm is imminent
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Under what circumstances is use of deadly force justified?
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Self-Defense - threat of death is imminent
Defense of Property - if in the home can use DF to prevent violent entry and threat of personal attack (guy rushing up the steps to the bedrooms) Arrest - only if it is to only way to prevent escape AND person would be a threat to society Other defenses - DF is never justified. |
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What are the other exculpatory defenses?
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Duress - all crimes except homicide
Mistake of fact - all crimes except strict liability Mistake of law - no defense unless mistake was based on reliance on statute or judicial interpretation Consent - only defense to rape and minor A&B Entrapment - available to most crimes |
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List the elements of crimes against the person.
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Battery - unlawful or offensive touching of another
Assault - attempt to commit a battery or intent to create a reasonable apprehension of imminent bodily harm. Murder - unlawful killing with malice afterthought Voluntary Manslaughter - unlawful killing of another after adequate provocation(heat of passion) Involuntary Manslaughter - killing of another with criminal negligence Felony murder - killing in commission of a felony. False Imprisonment - unlawful confinement without consent Kidnapping - unlawful confinement of a person involving movement or concealment of victim |
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What is felony-murder in Virginia
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killing arising from commission or attempt to commit
arson rape forcible sodomy inanimate object penetration robbery burglary kidnapping |
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List the element of property offenses
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Larceny - taking and carrying away of property of another by trespass and with intent to permanently deprive
Embezzlement - fraudulent conversion of property of another by a person in lawful possession of the property False Pretenses - obtaining title to property of another by intentional false statement with intent to defraud Robbery - taking of propety of another by force with intent to perm. deprive Receipt of stolen property - receiving possession or control of stolen property, know to be stolen, with intent to permanently deprive owner of it. Forgery - making or altering a writing so it is false with intent to defraud Malicious mischief - malicious destruction of property of another |
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List the elements of crimes against the home
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Burglary - breaking and entering the dwelling of another at night with intent to commit a felony therein
Arson - malicious burning of the dwelling of another |
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What crime, under Virginia law, punishes only principal in the first degree?
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Capital murder punishes only P1 for the act. all other crimes punishes all the others as principals of the crime
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What overt act is required to show furtherance of a conspiracy agreement in Virginia?
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None. In VA no overt act is required.
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In VA, does a conspiracy require a meeting of minds?
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Yes. VA follows a bilateral approach.
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VA - must an attempt have a substantial step?
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No. Attempt requires a direct act toward commission
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VA - what is the insanity tests?
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Both M'Naghten and Irrestible impulse used.
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VA - how to raise insanity defense?
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Notice must be given, in writing, 21 days before trial.
Burden of proof on D to the "satisfaction of jury". |
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VA - Is voluntary intoxication an excuse?
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No. except for 1st degree murder
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VA- What is law on homicide?
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All homicides are presumed 2nd degree and burden is on commonwealth to prove 1st degree.
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VA - What acts show 1st degree murder?
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1. Premeditation
2. Lying in wait 3. imprisoning 4. starving to death |
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VA - What felonies can be basis for felony murder?
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1. rape
2. arson 3. forcible sodomy 4. inanimate object sexual penetration 5. robbery 6. burglary 7. kidnapping |
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VA - What are the property offenses?
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the term "larceny" encompasses all
petty larcent - property is less than $200 in value grand larceny - property is equal to or more than $200 in value |
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What is a writ of habeas corpus
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Looks at the lawfulness of a detention
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VA - what are the two non-waivable rights?
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1. Failure of indictment to state an offense
2. Right to not be tried in D's absence |
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VA - What are waivable rights that require an affirmative act?
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1. Miranda
2. Right to counsel 3. Right to a jury trial Affirmative Act = must state you waive this right |
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VA - How are misdemeanors handled?
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They are tried in GDC and there is an absolute right to appeal. Appeal is heard in CC de novo
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VA - How are felonies handled?
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Preliminary Hearings are heard in GDC and tried in CC.
Appeals go to the VA Ct of Appeals BUT capital murder appeals go straight to S. Ct. |
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VA - Procedure for arrest
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Felony - may arrest w/out a warrant only if there is prob. cause
Misdemeanors - arrest w/out a warrant only if committed in presence of an officer "Serious" misdemeanors - can arrest if prob. cause |
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VA - Bail procedure
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D is entitled to be let out on bail, unless govt. can show 1) prob cause D will skip town or 2) prob cause D will be a danger to the public
If bail is denied, D is entitled to immediate appeal |
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VA - What are the three types of grand juries?
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1. Charging - considers the evidence and determines whether to issue an indictment
2. Special/Investigatory - investigate the situation and issues a report to pros 3. Multi-jurisdictional - investigates and returns indictments where appropriate |
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VA - Where can suit for habeus corpus be brought?
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only where originally convicted
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What is a seizure?
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A holding where a reasonable person would believe he is not free to leave.
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What is a Terry stop?
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Stop and frisk - If police have reasonable suspicion supported by articulable facts they may detain and/or frisk a person. The stop must be no longer than necessary to conduct a limited investigation
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What makes a warrant proper?
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1. based on probable cause
2. issued by neutral magistrate. 3. precise on its face (tells who, what and where warrant is for) |
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What are the six warrantless exceptions?
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1. search incident to arrest
2. automobile searches 3. plain view 4. consent 5. stop and frisk 6. hot pursuit and emergency |
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When must Miranda rights be given?
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Before the interrogation starts unless it is done for public safety (where is the gun)
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What if D invokes Miranda rights?
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Remains silent - Officers must immediately stop questionging and leave D alone for a significant amount of time.
Counsel - all questions must immediately cease until counsel is present or D resumes questioning. Cannot ask D about nothing, even unrelated issues |
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What are fruits of poison tree and how handled?
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anything stemming from an unlawful search or seizure is barred as being "fruit". But if the info was acquired a different way (3rd party gives info) then it is admissible.
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How can a D show ineffective right to counsel and therefore violation of Sixth Amendment rights?
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1) deficient performance of counsel and
2) but for deficiency the proceeding would have been different. |
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Can two soverigns try a defendant for the same offense?
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Yes.
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What is the Fifth Amendment right against self-incrimination?
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1. Only testimonial evidence is protected
2. only compelled testimonial evidence is privileged. |
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Defendant's silence can be pointed to only in the closing argument of the Prosecution.
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False. unless the defense comments on D not being allowed to explain his side of the story
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