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35 Cards in this Set
- Front
- Back
Accessory to a crime
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-accessory before fact: not present at commission of offense, but concerned therein as a contriver or instigator.
Cannot convict acc before fact unless enough evidence to convict principle In felony cases the acc before fact can be convicted as though he were principal in first degree |
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Voluntary intoxication as a defense
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Vol Intox is no defense to any crime, including specific intent crimes
-exception: it can reduce1st degree murder to 2nd degree |
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Self Defense
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Self defense is an affirmative defense that places bop on defendant to prove he used reasonable force to defend against an assault that a reasonable person would believe there is a need for defense.
-cannot use lethal force to defend property -self defense requires fear of death or serious bodily injury -if aggressor completely stops is assault and tries to get out of situation and the victim continues to attack he may then defend himself. |
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Mcnaughten Rule
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Insanity test
A person is insane if: -he did not understand the nature and consequences of his acts; or -was not able to distnguish right from wrong |
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Alford Plea
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Alfor plea allows defendant to recognize elementsof offense and weight of evidence without admitting guilt.
-advantage: withoutacknowledgement of admitting guilt, plea cannot be used in civil litigation -Disadvantages: treated same as a guilty plea waives all constitutiona lrights attached to criminal trial waives right to appeal and waives any objections to admissibility of evidence |
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Mcnoughten Rule
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A person is insane if:
-he did not understand the nature and consequences of his acts; or -was not able to distinguish right from wrong |
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Alford Plea
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Alford plea allows the defendant to recognize elements of offense and weight of evidence without admitting guilt
>advantage-without acknowledgement admitting guilt, plea cannot be used as admission in civil litigation >disadvantages: -treated same as guilty plea -waives all constitutional rights attached to criminal trial -waives right to appeal; and -waives any objections to admissibility of evidence |
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self defense
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self defense requires fear of death or serious bodily injury
-necessity for self defense must not arise out of defendants own misconduct -aggressor can assert self defense if aggressor retreats prior to self defense |
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Criminal Assault
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Assault is:
-an attempt -with force/violence -to physically harm another -by means calculated to produce the end if carried into execution |
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Capital murder
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willful deliberate and premeditated killing
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Attempt
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attempt is an unfinished crime requiring:
-intent to commit crime -an overt act |
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Double Jeopardy
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The double jeopardy clause of Constitution-person cannot be tried twice for the same offense
-statute only bars successive prosecutions for the same act -does not bar multiple convictions arising from the same act when those convictions are obtained in a single trial |
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Conspiracy
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Conspiracy requires:
-agreement between two or more persons, which constitutes the act; and -intent to achieve unlawful act -no overt act necessary |
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Embezzlement
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Defendant wrongfully appropriates with intent to deprive owner, property entrusted to him by virtue of employment or office
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Justifiable homicide
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A defendant can affirmatively plead self defense if:
-it occurs when a person without any fault on his part in provoking difficulty kills another under reasonable apprehension of death -the amount of force must be reasonable in relation to harm -there must be some overt act indicating immenent danger |
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Excusable Homicide
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An excusable homicide occurs when the killer has some fault in precipitating events, but retreats, and then kills out of self defense
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Presumption of 2nd degree murder
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Every unlawful homicide is presumed to be second degree murder:
-to reduce the offense to manslaughter, the defendant must show lack of malice >Malice is evidenced when: -the defendant acts with deliberate mind and formed design; or -commits a cruel act without great provocation -malice is inferred from use of deadly weapon |
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Statute of Limitations on Felony
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VA has no statute of limitations on felony offenses
Statute of limitations on misdemeanor is generally 1 year |
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Criminal Jurisdiction
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Circuit Courts have jurisdiction over all criminal offenses committed in their respective circuits
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Intent
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General: intent to perform the act even though actor may not desire the consequences that result
Specific: Specific intent is more than the intent to do the immediate act. Specific intent is the intent to accomplish the precise criminal act that one is later charged with Presumed Intent: A person is presumed to intend the immediate, direct, and necessary consequences of a voluntary act. Whether the required intent exists is a question for the trier of fact Transferred Intent: it permits fact finder to transpose defendant's criminal intent to harm an intended victim to another unintended, but harmed, victim |
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malicious wounding
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maliciously shooting, stabbing, cutting, wounding, or by any means causing bodily injury to another with the intent to maim disfigure, disable or kill
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aggravated malicious wounding
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malicious wounding resulting in the victim's severe injury or permanent and significant physical impairment. Class 2 felony
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Reckless endangerment
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it is unlawful for any person, with intent to cause injury to another, to intentionally throw any object capable of causing such injury from a balcony, rooftop or other place more than 1 story above ground level.
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Kidnapping
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A person is guilty of kidnapping if he:
-by force, intimidation, or deception; -without legal justification or excuse; -seizes, takes, transports, detains, or secrets another person with the intent to: >deprive such other person of his personal liberty or >withhold or conceal him from any person, authority, or institution lawfully entitled to his charge; or >subject him to forced labor or services *Asportation of victim no required |
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Rape shield law
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reputation or opinion evidence of the victim's chastity or prior sexual conduct is inadmissible
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Robbery
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Intent to steal
personal property of another by use of violence or intimidation |
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Stalking
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more than one occasion
place other person in reasonable fear of: -death -criminal sexual assault -bodily injury |
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False Pretenses
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To establish false pretenses both title and possession of the property must pass from victim to defendant
>obtaining property by false pretenses has been deemed larceny by statute >Defendant intends and commits fraud and victim relies on fraud to convey title and possession |
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Issuing bad checks
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is a form of larceny
>A person who with intent to defraud, makes, draws, utters or delivers any check knowing at the time that the maker has insufficient funds. |
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Perjury
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Swears falsely
under oath regarding a material issue |
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Bribery
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Offer of gift to influence an official or witnesses in a trial
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Liability of Principals and accessories
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Accessory after the fact in felony case: accessory guilty of class 1 misdemeanor
Misdemeanor case: all parties treated as prinicipal |
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inchoate crimes
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attempt
conspiracy |
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Defenses
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self defense
defense of others defense of property -duress: no defense to murder -entrapment: person must not be inclined to commit the crime. |
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Insanity Tests
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Mcnaghten rule
irresistible impulse test defenant has BOP to prove insanity at time of offense |