Criminal Law & Legal Procedures Flashcards

Under Virginia law, what distinguishes a felony from a misdemeanor?

Answer: Felonies are punishable by confinement in a state correctional facility; misdemeanors by confinement in a local jail

In Virginia, felonies carry potential sentences in a state correctional facility, while misdemeanors result in confinement in a local or regional jail.

The doctrine of 'res gestae' in criminal law refers to:

Answer: Statements made spontaneously during or immediately after a crime

Res gestae refers to spontaneous statements made during or immediately after a crime that may be admissible as exceptions to the hearsay rule.

In Virginia, assault is best defined as:

Answer: An attempt or offer to do bodily harm with the present ability to do so

Virginia defines assault as an attempt or offer to do bodily harm with present ability, creating reasonable apprehension of imminent harm.

Which element is required to prove burglary under Virginia common law?

Answer: Breaking and entering a dwelling house of another in the nighttime with intent to commit a felony therein

Common-law burglary in Virginia requires breaking and entering a dwelling house in the nighttime with felonious intent.

A 'corpus delicti' requires that an officer establish:

Answer: That a crime has in fact occurred before an arrest or confession can be used

Corpus delicti requires proof that a specific crime actually occurred; a confession alone is insufficient without corroborating evidence of the crime.

Under Virginia law, which offense requires proof of 'specific intent'?

Answer: Larceny

Larceny requires specific intent to permanently deprive the owner of property, making it a specific-intent crime.

The 'exclusionary rule' established in Mapp v. Ohio applies to:

Answer: Evidence obtained through unreasonable searches and seizures by state law enforcement

Mapp v. Ohio extended the exclusionary rule to state courts, barring use of evidence obtained through Fourth Amendment violations.