Va Criminal Law

Front 1

What state can prosecute a given crime?

Back 1

The state in which a significant part of the crime occurred.
-Can be multiple states. Double jeopardy is not a bar to multiple prosecutions.

Front 2

In VA, in what venue must the suspect be prosecuted?

Back 2

The crime must be prosecuted in the city/county where the crime occurred.

Front 3

When must venue questions be raised?

Back 3

All venue questions must be raised before the verdict.

Front 4

Who must prove where crime occurred for venue purposes?

Back 4

The government. May use circumstantial evidence (kidnapping example).

Front 5

What is merger? Significance of merger?

Back 5

Merger occurs when a lesser offense becomes subsumed by the greater offense.
It is significant because although a person can be charged with both, evidence can be presented on both, you can NOT be convicted on both.
-E.g. Manslaughter/murder, Attempt/completed offense

Front 6

Elements
-Burden?

Back 6

two parts:
1. Always on the government for each and every element
2. must always be satisfied beyond a reasonable doubt

Front 7

Actus Reus
-What is the physical act requirement?

Back 7

"Voluntary conscious physical act by a defendant who has the capacity and the willingness to act."

Front 8

Actus Reus
-Person blacks out at the wheel of a car because he doesn't know about the impact a medication has on him.

Back 8

First time: No liability.
Second time: Liability. The conscious act was driving while on the medication with notice of it's effects.

Front 9

Generally, is there any liability for a failure to act?

Back 9

No. Generally no affirmative duty to help others.

Front 10

What are the exceptions to the general rule regarding failure to act? (3)

Back 10

1. Special relationship. Spouse, Child, etc.
2. Contractual Obligation. Lifeguard, etc.
3. The defendant affirmatively begins to act. Once you start you have to take reasonable steps to finish. (idea is that by acting you deterred others from acting).

Front 11

Mens Rea
-What are the specific intent crimes?

Back 11

1. Inchoate offenses (solicitation, attempt, conspiracy)
2. First degree murder (NOT 2nd degree)
3. Assault
4. Property offenses of larceny, false pretenses, and embezzlement
5. Robbery and burglary

Front 12

Mens Rea
-What are the Malice crimes?

Back 12

Arson and murder

Front 13

Mens Rea
-What are the general intent crimes?

Back 13

Rape, kidnapping, and battery

Front 14

What are strict liability offenses?

Back 14

No mental state requirement. If physical act proven, the government wins. If statute is silent on mental state, courts will not assume that it is strict liability. They have been held constitutional (but usually in a business fine context; a statute that went too far might offend due process).

Front 15

What is transferred intent?

Back 15

D shoots at X and accidentally hits Y. This is murder. Intent to kill X is transferred to Y. It is still attempted murder of X; the crimes do not merge because there are 2 victims.

Front 16

Can good intent be transferred?

Back 16

A is being chased by B who is about to kill A. A shoots at B but accidentally kills C. Self-defense is valid as to a murder charge in the killing of C.

Front 17

Must the Act and the State of Mind be simultaneous?

Back 17

The government must show that the D had the necessary state of mind either BEFORE the crime was committed or SIMULTANEOUSLY, but NOT AFTERWARD.

Front 18

What is the mistake of death legal fiction?

Back 18

A beats up B and thinks he’s dead (he’s not). Disposes of body and thus kills him. This is a homicide offense.
-Legal Fiction: Court will assume that A was correct when he thought B was dead originally. Whatever crime that would have been is what he can be convicted of.

Front 19

When can an individual be held responsible for the crime of another? Modern Rule

Back 19

This is not the rule in VA.
People can be held responsible for the crimes of others when:
1. The person provided assistance to the others in committing the crime
2. The person did so intentionally

Front 20

When can an individual be held responsible for the crime of another? Common law Rule

Back 20

This is the VA approach
4 categories
1. Principal in the first degree: the D who is present at the crime and commits at least one element of the offense
2. Principal in the second degree: D is present at the scene, but does not commit any element of the offense, provides assistance (e.g. lookout, getaway driver)
3. Accessory before the fact: D not at scene of crime. Provides assistance ahead of time.
NOTE: The previous three are not crimes exactly. You can be charged with e.g. murder, robbery, etc. as a principal in the second degree.
4. Accessory after the fact: this is an actual crime. Someone who provides assistance to a fleeing criminal, after the offense.

Front 21

What are the implications of the parties to the crime doctrine? (2)

Back 21

1. Parties can be joined together in a single prosecution.
2. Each party is held criminally responsible for the foreseeable crimes of others. (E.G.: Parties get together and agree they won't use a gun in a robbery, but someone does. They're all guilty of armed robbery)

Front 22

In VA, are all parties treated as principals?

Back 22

YES.
Exception: Capital murder
Exception to Exception: Murder for hire

Front 23

In VA, can you convict an accessory (treated as a principal) if the true principal is acquitted?

Back 23

Yes. Government must should that the true principal committed the crime. But it isn't necessary that he have been convicted.

Front 24

What are the Inchoate offenses? (3)
Mens Rea?

Back 24

Solicitation, conspiracy, and attempt
-Specific intent crimes

Front 25

What is solicitation?
Can you withdraw?

Back 25

1. Solicitation = asking or encouraging another person to commit a crime.
2. Cannot withdraw. The crime is complete as soon as you utter the words.

Front 26

Solicitation:
What can you be charged with if you solicit someone to commit a crime and they do it?
Does merger apply?

Back 26

Solicitation or the actual crime. BUT not both (merger does apply)

Front 27

Solicitation
Can impossibility be a defense?

Back 27

NO. Soliciting a cop is still solicitation.

Front 28

Conspiracy
What is it?

Back 28

Conspiracy punishes the agreement to commit a crime, between 2 or more people, with the intent to commit the crime.
No overt act required.

Front 29

Conspiracy
Where is jurisdiction?

Back 29

Anywhere a statement was made, or any act in furtherance was undertaken

Front 30

Conspiracy
Can a person withdraw?

Back 30

Not from the actual crime of conspiracy. However you can withdraw from the conspiracy and not be held responsible for the later crimes committed.

Front 31

Conspiracy
What is the co-conspirator hearsay exception?

Back 31

Any statement made in furtherance and during the course of a conspiracy are admissible against attributable to all co-conspirators.

Front 32

Conspiracy
If a party is tried for a crime, can they later be tried for conspiracy to commit that crime?

Back 32

Not if they are convicted or acquitted.

Front 33

Attempt
What is it?

Back 33

Punishes a direct act taken towards the commission of a crime that was not actually completed.
-VA TEST: A direct act toward completion of the crime, with intent.

Front 34

Attempt
Impossibility a defense?

Back 34

Factual impossibility is not a defense (eg. Empty cash register, bent firing pin, etc.)
Legal impossibility: it is not a crime to attempt to do something that is not a crime (even if you think it is). RARE

Front 35

Insanity defense
What are the two primary tests?

Back 35

M'Naughten: Majority rule. Didn't know right from wrong.
Irresistible Impulse: About ability to control, not awareness.

Front 36

Insanity Defense
What rule does VA use?
Any procedural requirements in VA?
Standard of proof?

Back 36

Either M'Naughten OR Irresistible Impulse.
In VA, you must provide the goverment with 60 days notice.
You must prove the the defense "to the jury's satisfaction." No one knows what this means

Front 37

Intoxication
Is involuntary intoxication a defense?

Back 37

YES. It is a defense to all crimes. Person must take an intoxicant (1) without knowledge of its nature, (2) under duress, OR (3) pursuant to medical advices

Front 38

Intoxication
Is voluntary intoxication ever a defense in VA?

Back 38

Only admissible to negate the deliberate premeditated element necessary for a capital murder conviction.
NOT admissible for ANYTHING ELSE in VA.

Front 39

Intoxication
In most states, is voluntary intoxication ever a defense?

Back 39

Yes, only for specific intent crimes. No good if you become intoxicated for the purpose of getting the defense.

Front 40

Mistake of Fact
When is mistake of fact relevant?

Back 40

It is relevant only when it shows that the D lacked the state of mind required.

Front 41

Mistake of Fact
Must the mistake be reasonable?

Back 41

Specific intent crimes: NO, but mistake must be genuine.
As to all other crimes, mistake must be reasonable.

Front 42

Mistake of Law
Generally not a defense, but is it ever?

Back 42

Yes.
-Although it is not a true defense, if the statute requires "knowledge" then it could cause a failure of proof.
-Also, it is a true defense if: (1) the statute was not published or made reasonably available; (2) there was reasonable reliance of a statute or judicial decision; (3) reasonable reliance on official interpretation or advice (in some jurisdictions)

Front 43

Self Defense
What is the requirement for using nondeadly force?

Back 43

No duty to retreat. The force used must be reasonable under the circumstances from the subjective viewpoint of the D.

Front 44

Self defense
What is the requirement for using deadly force?

Back 44

Person must be without fault and show an imminent risk of death or great bodily injury.

Front 45

Self Defense
What is a stand your ground statute?
Does VA follow this rule?

Back 45

This is a modern trend. Can use deadly force if a person is in your house unlawfully even if not directly threatening anyone within.
-NOT the rule in VA

Front 46

When can police use deadly force to stop the fleeing felon? Common law?

Back 46

Two Requirements:
(1) Probable cause to believe that this person just committed the crime;
(2) It was reasonably necessary to use deadly force to prevent escape.

Front 47

When can the police use deadly force to stop the fleeing felon? Last constitutionally based requirement?

Back 47

(3) Probable cause that felon posed serious risk of danger to others, not just that she had committed some crime.

Front 48

What is the difference between duress and necessity?

Back 48

Duress = forced to commit a crime by another person
Necessity = Forced to commit a crime by the circumstances

Front 49

What is the general rule regarding necessity? What is the primary limitation?

Back 49

Rule: Where an individual reasonably acts to save others, no criminal liability.
Limitation: Defendant cannot raise these defenses if it involves the intentional killing of another.

Front 50

What are the elements of entrapment? (2)

Back 50

(1) The police instigated the crime, induced the defendant to act (usually not hard to satisfy for bar purposes)
(2) To combat the defense, the government has to show that the defendant was predisposed to commit the crime, prior to the government contact.

Front 51

Entrapment: How does the government prove predisposition?

Back 51

Government should show that the person has committed the crime before. Prior crimes should be (1) close in time and (2) similar in type.

Front 52

What is the definition of Battery?

Back 52

Defendant inflicts an unwarranted and unreasonable touching upon another.

Front 53

What is the definition of assault?

Back 53

Two types: (1) Attempted battery, a substantial step towards the completion of the act. (2) Victim has apprehension of immediate touching.

Front 54

What is the difference between murder and manslaughter?

Back 54

Murder = unlawful killing of another with malice
Manslaughter = Unlawful killing without malice

Front 55

What is malice aforethought?

Back 55

Malice can be shown in one of four ways:
(1) Intent to kill.
(2) Intent to inflict great bodily harm
(3) Implied malice (grossly reckless behavior)
(4) Felony murder

Front 56

What is felony murder?

Back 56

Felony murder = killing during the course of a violent felony.
-Death must be foreseeable, but that is construed broadly.
Split jurisdictions on who must cause the death. Common law = doesn't matter. Modern = must be a defendant.

Front 57

What are the element of a heat of passion "defense"?

Back 57

(1) Sudden action
(2) in heat of passion caused by rage.
(3) legally adequate provocation (words alone not enough)

Front 58

What is the implication of a heat of passion claim?

Back 58

It's not a true defense. D will not walk free. Could reduce the crime from murder to manslaughter.

Front 59

What is voluntary manslaughter?

Back 59

Killing in the heat of passion. Would have been murder but it was done in the heat of passion.

Front 60

What are the two forms of involuntary manslaughter?

Back 60

(1) In connection with a lawful act, but done recklessly. Lesser included offense of implied malice murder.
(2) In connection with an unlawful act (minor battery causes death)

Front 61

What is first degree murder?

Back 61

Not just an intentional killing: a premeditated and deliberate killing. Intoxication reduces charge to second degree murder.

Front 62

What is the year and a day rule?

Back 62

Not a murder unless the person dies within a year and a day of the alleged cause.

Front 63

What is the rule regarding proximate cause?

Back 63

One Rule: A person is responsible for the foreseeable consequences of his actions

Front 64

What is kidnapping?

Back 64

Some movement of the victim against the victim's will. Can be public or private.
In VA: Kidnapping = Abduction

Front 65

What is rape?

Back 65

Any penetration by threat of force with no consent by the victim.

Front 66

What is statutory rape?

Back 66

Sexual contact by an adult with a minor (minor defined under state law).

Front 67

What are the elements of larceny?

Back 67

(1) Taking and carrying away, (2) by trespass (against will of the owner), (3) of personal property, (4) with the intent to permanently deprive the owner

Front 68

What is the difference between embezzlement and larceny?

Back 68

Embezzlement involves a party that has possession of the stolen property. Possession means custody with authorization.

Front 69

What are the elements of receiving stolen property?

Back 69

(1) The person must actually receive;
(2) Personal property, not real property;
(3) with knowledge that it had been stolen
(4) with the intent to permanently deprive the owner thereof.

Front 70

What are the elements of Robbery?

Back 70

Robbery is a crime against the person (not a property offense)
(1) Taking personal property;
(2) with the intent to permanents deprive the owner;
(3) from another's presences;
(4) by force or threat of force.