Term
| Name the 11 specific intent crimes |
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Definition
| assault; 1st degree murder; larceny; embezzlement; false pretenses; robbery; forgery; burglary; solicitation; conspiracy; attempt |
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Term
| What is the burden of proof for the defense to prove insanity? |
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Definition
| in most states, a preponderance of the evidence |
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Term
| What two crimes are strict liability offenses? |
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Definition
| public welfare offenses; statutory rape |
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Term
| Is mistake of fact a defense? |
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Definition
| it is an entire defense to specific intent; only a reasonable mistake of fact will be a defense to a general intent; no defense for S/L |
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Term
| Is mistake a law a defense? |
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Definition
| NO. Not unless the statute makes knowledge of the law an element of the crime - rare. If you don't know selling crack is illegal, tough luck. |
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Term
| what does concurrence mean in the criminal law? |
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Definition
| You must have the mental state AT THE SAME time you engage in the act. |
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Term
| What is criminal battery? |
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Definition
| The unlawful application of force to another, resulting in either bodily injury or offenseive touching. |
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Term
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Definition
| attempted battery, OR the 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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Term
| Aggravated ASsault or Battery |
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Definition
| assault or battery PLUS; use of a weapon, OR the victim is a child, elderly person or otherwise vulnerable OR the intent to committ robbery or rape |
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Term
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Definition
| shooting, stabbing, cutting with the intent to maim, disfigure |
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Term
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Definition
| the causing of death of another with malice aforethough |
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Term
| What does malice aforethought mean? |
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Definition
| intent to kill; intent o inflict great bodily injury; extreme recklessnes (adandoned or malignant heart); felony murder |
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Term
| For causation, the death must be within 1 year and 1 day of act to be murder at common law. In Virginia, death can be... |
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Definition
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Term
| Virginia First Degree Murder |
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Definition
| The intentional kill of another with deliberation and premeditation; felony murder |
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Term
| Virginia Second Degree Murder |
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Definition
| all murders that are not first-degree murder |
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Term
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Definition
| the intentional kill of another committed in the heat or passion or after adequate provocation |
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Term
| What are the 2 reqs for "adequate provocation"? |
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Definition
| 1. the provocation would harouse sudden and intense passion in the mind of an ordinary person; 2. there was no time to cool off |
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Term
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Definition
| A killing committed with criminal negligence, or during a commission of a crime that is not felony murder (sometimes also called misdemeanor murder rule) |
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Term
| The intention use of a deadly weapon creates a presumption of... |
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Definition
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Term
| Transferred intent doesn't apply to |
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Definition
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Term
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Definition
| Is any killing committed during the commission of a felony. Limitations: the felony must be inherently dangersous; the D must be guilty of the underlying felony; killing must be foreseeable; i tmust be in furtherance of the felony;victim can't be a co-felon |
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Term
| What will get you the deth penalty in VA? |
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Definition
| willfull, deliberate, and pre-meditated murder plus 1 of 14 different aggravating circumstances |
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Term
| In VA, all murders are presumed to be |
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Definition
| 2nd degree. Prosecution has the burden of proof to raise it to first or capital murder, and the defense to lower it to manslaughter. |
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Term
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Definition
| the accidental killing of someone while committing some non-enumerated felonious act |
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Term
| Criminal False Imprisonment |
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Definition
| The unlawful confinement of a person without his consent. General intent crime |
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Term
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Definition
| False imprisonment PLUS moving the victim to a secret place or concealing the victim PLUS force, deception, intimidation |
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Term
| What is the age in Virginia for statutory rape? |
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Definition
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Term
| It is a class 4 felony to have carnal knowledge of a person between the ages of |
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Definition
| 13-15 (but limitations for if the acused is also a minor and the victim consents) |
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Term
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Definition
| The trespassory taking and carrying away of the personal property of another with intent to permanently deprive. |
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Term
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Definition
| conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud |
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Term
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Definition
| Obtaining TITLE to personal property of another by an intentional false statment, with the intent to defraud |
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Term
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Definition
| When the defendant obtains posession (as opposed to title) by intentional false statements |
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Term
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Definition
| a larceny from another's person by force or threat of immediate injury |
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Term
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Definition
| threatening injury to the character, person or property of another or acsing another of any offense and thereby extracting a pecuniary benefit |
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Term
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Definition
| making or altering of a writing so that it is false (specific intent: intent to defraud) |
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Term
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Definition
| destroying or damaging another's property |
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Term
| What is Grand Larceny? What is Petit? |
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Definition
| Grand: Taking from someone's erson $5 or more; or personal property $200 or more |
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Term
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Definition
| offering as genuine a forged instruments |
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Term
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Definition
| control for a period of time long enough to have an oppurtunity to terminate posession |
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Term
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Definition
| he malicious burning of any building |
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Term
| What is the only criminally liable accomplice? |
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Definition
| The Acessory After the Fact: you must assist the principal who has committed a felony with your knowledge that a crime has been committed and the intent to help him acoid arrest or conviction |
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Term
| True or False: In Virginia, the Principal in the Second Degree can be tried and convicted like princiapl in the first degree? |
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Definition
| True. This is someone who is at the crime scene and committs some overt act in furtherance (ex. getaway driver, lookout) |
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Term
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Definition
| bilateral approach: an greement between 2 or more persons to committ a felony; no overt act required; NB: if you are charged with underlying crime you cannot also be charged with conspiracy |
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Term
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Definition
| asking someone to commit a crime with the intent that is be committed |
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Term
| What are the 3 inchoate offenses (meaning that completion is unnecessary)? |
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Definition
| solicitation; attempt; conspiracy |
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Term
| Virginia Attempt requires |
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Definition
| a direct act with the intent to committ a crime, but which falls short of committing the crime |
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Term
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Definition
| D either didn't know his act was wrong, or he didn't understand the nature of his act |
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Term
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Definition
| chose either M'Naughten or Irresistible Impulse; give Commonweal's atty 60 days notification in advance of trial that you will be invoking insanity defense; burden of proof: to the jury's satisfaction |
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Term
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Definition
| You couldn't appreciate the criminality of your conduct OR you couldn't conform your actions to the law |
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Term
| VA Voluntary Intoxication Statute |
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Definition
| NOT a defense to specific intent crimes unless it produces permanent insanity; can negate capital or first-degree murder if you were SOOO drunk you couldn't premeditate |
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Term
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Definition
| D may use physical force to defend himself if there is a reasonable appearance under the circumstances that force is justififed |
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Term
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Definition
| The D must be without fault and show an imminent danger of death or bodily injury |
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Term
| True or False: In VA there is a duty to retreat? |
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Definition
| False. Exception: D was the initial agressor |
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