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80 Cards in this Set
- Front
- Back
What are the 11 specific intent crimes?
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1. Assault
2. 1st degree murder 3. Larceny 4. Embezzlement 5. False pretenses 6. Robbery 7. Forgery 8. Burglary 9. Solicitation 10. Conspiracy 11. Attempt |
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When can liability arise due to an omission?
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1. By statute
2. Contract 3. Status relationship (parent-child or husband-wife) 4. Voluntary assumption of care 5. Creation of peril |
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Which 2 crimes require malice?
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1. Murder
2. Arson |
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Which crimes are strict liability?
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1. Public welfare offense (e.g., selling alcohol to a minor)
2. Statutory rape |
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Is mistake of fact a defense?
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Yes. If specific intent, an honest mistake. If general intent, an honest and reasonable mistake.
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What is battery?
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The unlawful application of force to another resulting in bodily injury or offensive touching.
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What are the definitions of assault?
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1. Attempted battery, OR
2. Intentional creation other than by mere words of a reasonable apprehension in the mind of the victim of imminent bodily harm. |
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What law does VA follow for assault and battery?
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Common law
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What is it called if D shoots, stabs, cuts, or wounds victim with intent to maim (VA)?
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Malicious wounding.
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What is "malice aforethought"?
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1. Intent to kill
2. Intent to inflict great bodily injury 3. Extreme recklessness 4. Felony murder |
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When does the doctrine of transferred intent not apply?
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To attempt
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What constitutes "adequate provocation" for voluntary manslaughter?
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(1) Would arouse sudden/intense passion in mind of ordinary person and (2) no cooling time
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What inference does use of a deadly weapon create?
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Inference of intent to kill
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In VA, what are the grounds for 1st degree murder?
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1. Poison
2. Lying in wait 3. Imprisonment 4. Starvation 5. Any premeditated killing that does not fall within capital murder |
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All murder is presumed to be what level in VA?
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2nd degree
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What are the 7 underlying crimes for felony murder in VA?
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1. Arson
2. Rape 3. Forcible sodomy 4. Robbery 5. Burglary 6. Abduction 7. Inanimate object sexual penetration |
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If a death happens during a non-enumerated felony, what is the appropriate charge?
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Felony homicide.
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What is larceny?
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The trespassory taking and carrying away of personal property of another with the intent to steal.
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What is embezzlement?
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Conversion of personal property of another by person already in lawful possession of that property with the intent to defraud.
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How is embezzlement different from larceny?
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Embezzlement requires that D already have lawful possession over the property that allows him to exercise some discretion over the property.
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What is false pretenses?
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Obtaining title of personal property of another by intentional false statement with intent to defraud.
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How is false pretenses different from larceny?
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In false pretenses, title is actually acquired.
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What is larceny by trick?
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D obtains possession (but not title) as a result of intentional false statement
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In VA, what is grand larceny?
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-Larceny from person of another of things worth $5 or more
-Larceny not from person of another of firearm or things worth $200 or more |
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In VA, what is petit larceny?
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Amounts less than that in grand larceny.
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What type of damage is necessary for arson?
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Burning or charring (not mere scorching)
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What is arson in VA?
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Malicious burning or destruction of any dwelling (=any place where person lodges)
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What are the 4 types of accomplice liability (under common law and in VA)?
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1. Principal in the first degree
2. Principal in the second degree 3. Accessory before the fact 4. Accessory after the fact |
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Which types of accomplice liability impose liability for the principal crime?
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1. Principal in the first degree
2. Principal in the second degree 3. Accessory before the fact |
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For which crimes can an accomplice be convicted of capital murder in VA?
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1. Murder for hire
2. Commission of an act of terrorism. |
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How can an accomplice withdraw from a crime?
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Must neutralize his assistance or prevent the crime from happening.
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On the MBE, what is a conspiracy?
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Agreement between 2 or more people to commit a crime plus an overt act in furtherance.
Common law: required 2 guilty minds. MPC: 2 guilty minds not required. |
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What is conspiracy in VA?
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Agreement between 2 or more people to commit a crime. Must have 2 guilty minds. No overt act required.
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How is attempt defined in VA?
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A direct act done with the intent to commit a crime but which falls short of completion
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What are the capacity defenses in criminal law?
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1. Insanity
2. Intoxication 3. Infancy |
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What are the non-capacity defenses in criminal law?
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1. Self-defense
2. Necessity 3. Duress 4. Entrapment |
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What is the rule for insanity in VA?
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D can use M'Naughten test or irresistible impulse test.
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What is the M'Naughten test?
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D did not know that:
1. His act was wrong, or 2. The nature of his act |
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What is the irresistible impulse test?
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D was unable to:
1. Control his actions, or 2. Conform his conduct to the law |
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When is voluntary intoxication a defense in VA?
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It may be a defense to premeditation (in 1st degree/capital murder) if person was so intoxicated he could not premeditate.
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In VA, when can D use non-deadly force?
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There is a "reasonable appearance" that such force is necessary, including to:
a. Prevent another's unlawful entry into D's dwelling b. Defend property in one's possession from unlawful interference |
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In VA, when can D use deadly force?
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1. There is an "imminent danger" of death/great bodily injury
-can never use for defense of property- |
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Is there a duty to retreat in VA?
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No (unless D was at fault)
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In VA, can D use self defense if he was the aggressor?
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Only if he has a total abandonment of the original attack.
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Which types of crimes can deadly force be used to prevent?
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To prevent a felony risking human life.
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Which types of crimes can non-deadly force be used to prevent?
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A crime.
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What is the rule for defense of others in VA?
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D steps into the shoes of the person he defends.
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When is necessity a defense?
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D believed conduct was necessary to prevent greater harm (but NEVER a defense to homicide)
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When is duress a defense?
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D was forced to commit crime under threat of serious physical injury (but NEVER a defense to homicide)
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What are the elements of an entrapment defense?
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1. Criminal design originated with government, and
2. D was not predisposed to commit the crime. |
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When does D have the right to a jury trial?
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Where the max sentenced is more than 6 months (if D did not receive a jury trial judge cannot sentence him to more than 6 months).
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How many jurors are required for a felony in VA?
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12
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How many jurors are required for a misdemeanor in VA?
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7
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In VA, who does the sentencing?
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The jurors
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In VA, must a jury verdict be unanimous in a criminal case?
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Yes
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How many peremptory challenges does in each side get for felonies and for misdemeanors in VA?
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Felonies: 4 strikes
Misdemeanors: 3 strikes |
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What is the test for ineffective assistance of counsel?
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1. Counsel's performance was deficient, AND
2. Outcome of trial would've been different but for the deficiency. (Very hard standard to meet.) |
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On what grounds may a D withdraw his guilty plea?
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1. Plea was involuntary
2. JX defect 3. Ineffective assistance 4. Prosecutor fails to fulfill bargain |
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What is an Alford plea?
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D concedes only that the prosecution has sufficient evidence to prove the case (not an admission of guilt).
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What is a nolo contendere plea?
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D agrees that court may consider him guilty for the purpose of imposing judgment and a sentencing, but it is not a confession or a declaration of innocence.
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During what time period may D withdraw his guilty plea in VA?
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1. Before sentence is imposed/suspended
2. Within 21 days after entry of final order if court sets aside judgment in order to correct a manifest injustice |
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When does double jeopardy attach in a jury trial?
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When jury is sworn in
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When does double jeopardy attach in a bench trial?
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When first witness is sworn in
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When does double jeopardy attach in a guilty plea?
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When court accepts D's guilty plea unconditionally
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When is D's right to 'plead the 5th' eliminated?
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1. Prosecution grants use and derivative use immunity
2. D takes the stand 3. SoL has run |
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If D is in custody, when will the speedy trial right permanently discharge D from prosecution?
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5 months from preliminary hearing.
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If D is NOT in custody, when will the speedy trial right permanently discharge D from prosecution?
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9 months from preliminary hearing.
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When is a trial deemed to have commenced for speedy trial purposes?
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At same time as when double jeopardy attaches.
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How might D waive his speedy trial right?
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1. Failing to oppose motion for continuance
2. Failing to invoke right until after final judgment |
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In VA, which court has original JX over misdemeanors?
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GDC
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In VA, which court has original JX over felonies?
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Circuit Court (GDC holds preliminary hearings)
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What is a criminal D's right to appeal in VA?
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NONE--all appeals are discretionary (except death penalty is automatically appealed to the VA SC).
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What is the general statute of limitations for misdemeanors?
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1 yr
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What is the general statute of limitations for felonies?
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Generally no limitation
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What is an indictment?
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A written accusation of a crime prepared by prosecutor and returned a "true bill" upon oath by grand jury (signed by foreman).
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What is a presentment?
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A written accusation of a crime prepared and returned by a grand jury from its own observation without any appropriate bill laid before them.
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What is an information?
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A written accusation of a crime or complaint for forefeiture of property or money prepared and presented by a competent public official upon his oath of office.
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Where is venue for habeas corpus?
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Case must be filed where D was originally sentenced (except for death penalty cases, which immediately go to VA SC).
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Which trial rights are not waivable?
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1. Appearance
2. Failure to state an offense |
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Which trial rights are waivable by an affirmative action?
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1. Counsel
2. Miranda 3. Jury trial |