Criminal Law & Legal Procedures Flashcards
7 cards from real DCJS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law & Legal Procedures flashcards as text
Virginia's 'castle doctrine' allows a person to use force without a duty to retreat when:
Answer: They are in their home and reasonably believe force is necessary to prevent death or great bodily harm
Virginia's castle doctrine eliminates the duty to retreat when a person is in their home and reasonably believes force is necessary to prevent death or serious injury.
Under the Eighth Amendment, which prohibition applies to law enforcement and corrections?
Answer: Cruel and unusual punishment
The Eighth Amendment prohibits cruel and unusual punishment, which applies to treatment of inmates and use of force by officers.
In Virginia, 'robbery' differs from larceny because robbery:
Answer: Requires taking property from a person using force or intimidation
Robbery requires taking property directly from a person using force, threat, or intimidation, distinguishing it from simple larceny.
A 'Nol Pros' (nolle prosequi) in criminal procedure means:
Answer: The prosecutor declines to pursue the charges at that time
Nolle prosequi is the prosecutor's formal declaration of unwillingness to prosecute; charges may be refiled within the statute of limitations.
Under Virginia law, which best describes 'constructive possession' of contraband?
Answer: Having knowledge of and dominion and control over contraband not on one's person
Constructive possession requires proof that the individual knew about the contraband and had the power and intent to control it.
The 'reasonable person' standard in use-of-force cases (Graham v. Connor) is evaluated from the perspective of:
Answer: A reasonable officer on the scene at the time, not with hindsight
Graham v. Connor requires courts to evaluate force from the perspective of a reasonable officer on the scene without the benefit of hindsight.
Virginia Code classifies grand larceny as theft of property valued at or above:
Answer: $1,000
Virginia Code § 18.2-95 classifies grand larceny as theft of property valued at $1,000 or more.