Va Criminal Law Distinctions

Front 1

What are the four parties to a crime?

Back 1

Principal in the 1st Degree

Principal in the 2nd Degree

Accessory Before the Fact

Accessory After the Fact

Front 2

What is a principal in the first degree? (P1)

Back 2

The person who directly commits the prohibited act.

Front 3

What is a principal in the second degree? (P2)

Back 3

A person with the intent to assist the principal in the first degree commit the crime, aids, supports, or encourages and is present (or constructively present)

Front 4

What is the accessory before the fact? (ABF)

Back 4

Same intent and actions as P1 but is not present.

Front 5

What parties are guilty to the substantive crime itself?

Back 5

A P2 and ABF

Front 6

What is the "Shooter Rule"?

Back 6

An exception to the punishment of accomplices. If P1 commits capital murder, P2 and ABF are guilty only of first-degree murder.

Front 7

What is an accessory after the fact? (AAF)

Back 7

occurs when:

a person commits a crime, AAF knows the person committed the crime, AAF receives, comforts, or assists the person, harbors the person who is a fugitive, or conceals evidence

Front 8

What is an exception to AAF's liability?

Back 8

close family members and employees

Front 9

What is an AAF guilty of?

Back 9

a separate category of criminal liability; AAF to any felony is a class 1 misdemeanor

Front 10

What are the two insanity tests VA uses?

Back 10

M'Naughten Test (cognitive test) and Irresistable Impulse Test (volitional test)

Front 11

M'Naughten Test

Back 11

a person is insane if he is unable to tell right from wrong or to understand the nature and consequences of his actions

Front 12

Irresistable Impulse Test

Back 12

a person is insane if he is unable to control his actions

Front 13

To raise insanity as a defense, a defendant must do what?

Back 13

Give notice 60 days before trial; raise it as an affirmative defense, must prove it by a preponderance of the evidence (requiring expert testimony)

Front 14

What is the consequence of a verdict of not guilty by reason of insanity?

Back 14

Defendant goes in custody of the Commissioner of Mental Health

Front 15

Can juveniles raise an insanity defense?

Back 15

No

Front 16

When is voluntary intoxication a defense?

Back 16

Generally, it is not a defense unless it can negate the pre-meditation element of first-degree murder.

Front 17

When is involuntary intoxication a defense?

Back 17

When it can negate the mens rea.

Front 18

How does criminal punishment of juveniles differ from criminal punishment of adults?

Back 18

Crimes committed by juveniles are called delinquent acts.

Jurisdiction is in the JDR courts.

Front 19

When can a juvenile's case be transferred to the Circuit Court and prosecuted as an adult felony?

Back 19

When a juvenile is 14 or older and the offense is a particular, serious offense

Front 20

What is the VA definition of murder?

Back 20

The killing of a human being with malice.

Front 21

What are the VA levels of homicide?

Back 21

Murder (capital murder, then 1st degree murder, then 2nd degree murder)

Manslaughter (voluntary and involuntary)

Front 22

Malice includes what four things:

Back 22

1) an intention to kill

2) transferred intent

3) implied malice (intent to cause serious bodily injury but death results)

4) reckless homicides (result from malicious acts likley to cause death or serious injury)

Front 23

What is the default category for intentional killings in VA?

Back 23

2nd degree murder

Front 24

What is the definition of 1st degree murder?

Back 24

2nd degree murder + premeditation

Front 25

What is the definition of 2nd degree murder?

Back 25

any willful, deliberate killing

Front 26

What is the definition of capital murder?

Back 26

first-degree murder + another element defined by statute

(murder in the commission of a robbery or a rape, murder of a police officer or prison guard, murder of more than one victim on a given occasion)

Front 27

What is voluntary manslaughter?

Back 27

intentional killing committed in the heat of passion with legally adequate provocation

Front 28

What is the test for provocation for voluntary manslaughter?

Back 28

provocation that would cause even a reasonable person to lose control

Front 29

What is involuntary manslaughter?

Back 29

An unintentional killing

An act by the defendant that causes death but was not intended to kill

Cases of reckless homicide (consciously disregarding a high level of risk that someone will get hurt)

wanton, reckless disregard for a high risk of fatal results

criminal negligence

DUI Manslaughter (death caused by drunk driving)

Front 30

What is felony murder? What category of homicide is it treated as?

Back 30

a killing in the commission of, or attempt to commit a listed predicate felony (burglary, arson, abduction, rape, robbery)

1st degree murder

Front 31

What is felony homicide?

Back 31

A killing while in the course of some felonious act (any lesser felony)

Treated as 2nd degree murder

Front 32

A murder that occurs in the commission of a felony will be deemed a felony murder if it:

Back 32

meets the res gestae theory - a connection in time, place, and causation

Front 33

Will the death of a co-felon during the commission of a felony result in felony homicide for the defendant?

Back 33

No, not if the death was caused by the victim or by police in resistence to the crime.

Front 34

What theft crimes are punished as felonies?

Back 34

Thefts of goods or chattels with a value of $200 or more or $5 or more from the person

Front 35

What is larceny?

Back 35

The trespassory taking and carrying away of tangible personal property from another with the intent to permanently deprive

Front 36

What distinguishes larceny and embezzlement?

Back 36

In larceny, you take possession wrongfully. In embezzlement, you obtain possession lawfully.

Front 37

What is embezzlement?

Back 37

Defendant comes into possession lawfully then converts it to his own use or uses it in a way that is contrary to the property interests of the owner with the intent to permanently deprive

Front 38

What is false pretenses?

Back 38

Making a false statement of existing fact wtih the intent to defraud which causes the victim to pass title to the property.

Front 39

What distinguishes between larceny and false pretenses?

Back 39

With larceny, you do not obtain title.

With false pretenses, you get title.

Front 40

When does title to cash transfer?

Back 40

With possession

Front 41

What are the elements of robbery?

Back 41

The taking of personal property from the person or presence of another by force or threat with the intent to steal

Front 42

What is common law burglary?

Back 42

breaking and entering a dwelling at night with the intent to commit a felony therin

Front 43

What is statutory burglary?

Back 43

Burglary that has broader time and act requirements than under the common law (does not require nightime)

with locations broader than common law

(house, office, shop, warehouse)

and is graded based on the severity of the burglary intended

Front 44

What is battery?

Back 44

The intentional harmful or offensive contact with another.

Front 45

What is assault?

Back 45

A attempted battery or the intent to place another in fear of harmful or offensive contact

Front 46

What is malicious wounding?

Back 46

To maliciously shoot, stab, cut or wound or cause bodily injury, with intent to maim, disfigure, disable, or kill.

Front 47

When does aggravated malicious wounding occur?

Back 47

If the victim suffers permanent and significant injury.

Front 48

Va code prohibits the use or display of a firearm while committing or attempting to commit what offenses?

Back 48

murder, rape, kidnapping, and others

Front 49

What is the unlawful discharge of a firearm?

Back 49

discharging a firearm at or against an occupied dwelling or building; need not intend to shoot at the building

Front 50

What is rape?

Back 50

Sexual intercourse against the will of the victim, by force, threat, intimidation, through the incapacity of the victim, or with a child under 13 years of age.

Front 51

What is the Rape Shield Law?

Back 51

States evidence of a victim's prior sexual conduct is generally inadmissible, except if it provides an alternative explanation of physical evidence, or prior sexual conduct with the defendant to show absence of force or threat

Front 52

Kidnapping/Abduction elements

Back 52

Detaining or transporting a person by force, intimidation, or deception, with the intent to deprive that person of liberty

Front 53

What is conspiracy?

Back 53

An agreement to commit a felony with the specific intent to commit the felony.

Agreement need not be explicit, can be inferred.

Front 54

Is an overt act required for conspiracy in VA?

Back 54

No

Front 55

How many conspirators does VA require to conspire?

Back 55

Two. Undercover agents cannot count as one of them.

Front 56

What is Wharton's Rule?

Back 56

When the substantive offense by definition requires agreement by two parties, the defendant cannot be separately punished for the crime of conspiracy.

Front 57

In VA, can defendant be charged with both conspiracy and the substantive offense?

Back 57

Yes, so long as the defendant is not first convicted of the substantive offense.

Front 58

What is the Pinkerton Doctrine?

Back 58

All co-conspirators in a conspiracy are treated as agents for each other and are liable for any substantive crimes committed by other co-conspirators if the crimes are:

in futherance of the conspiracy, and

reasonably foreseeable as a consequence of that conspiracy.

Front 59

Is withdrawal a defense to conspiracy in VA?

Back 59

No, because conspiracy will be complete as soon as you agree to commit the crime. Withdrawal will end your Pinkerton liability, however.

Front 60

What are the elements of attempt?

Back 60

A specific intent to commit the crime with a direct and overt act in furtherance of its commission.

Front 61

What is the standard for using deadly force as self-defense?

"ARNIS" Rule

Back 61

Actual belief, and

Reasonable belief that such force is

Necessary to avoid

Imminent or

Serious bodily harm or death

Front 62

Is retreat required for self-defense?

Back 62

No

Front 63

What is excusable homicide?

Back 63

When the defendant bears some fault in provoking the force against him, the defendant may use force in defense only after:

retreating as far as possible

announcing an intent to desist, and then

killing out of necessity

Front 64

What is imperfect self-defense?

Back 64

The defendant has an actual but objectively unreasonable belief that force is necessary. In this case, the crime is mitigated from murder to manslaughter.

Front 65

When may defense of others occur?

Back 65

If the defendant reasonably believes that circumstances exist that would permit the apparent victim to use such force in his own defense. Mistake does not negate so long as it's reasonable.

Front 66

When may you defend your property?

Back 66

A defendant who lawfully possesses property can use non-deadly force to protect personal property when he reasonably believes such force is necessary.

Front 67

Elements of Entrapment

Back 67

The idea for the crime must have originated with the LEO and the defendant must not have been predisposed to commit the crime.