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
Under Virginia law, 'malice aforethought' is an element of:
Answer: First and second degree murder
Malice aforethought — either express or implied — is the mental state that distinguishes murder from manslaughter in Virginia.
The Fifth Amendment protection against self-incrimination means a suspect:
Answer: Cannot be compelled to testify against themselves in a criminal proceeding
The Fifth Amendment guarantees that no person shall be compelled to be a witness against themselves in a criminal case.
An officer arrests a suspect for DUI. The suspect refuses a breath test. Under Virginia's implied consent law, the consequence is:
Answer: Mandatory license suspension independent of the DUI charge
Virginia's implied consent law (§ 18.2-268.3) imposes a civil license suspension for refusal, separate from any criminal DUI charge.
When is a law enforcement officer legally justified in using deadly force in Virginia?
Answer: When the officer reasonably believes deadly force is necessary to prevent death or serious bodily injury to self or others
Deadly force is justified when an officer reasonably believes it is necessary to prevent imminent death or serious bodily injury, consistent with Tennessee v. Garner.
Which of the following is an example of 'obstruction of justice' under Virginia law?
Answer: Knowingly providing false information to an officer conducting an investigation
Virginia Code § 18.2-460 makes it a crime to knowingly and willfully obstruct a law enforcement officer in the performance of duty.
Under Virginia law, the offense of 'stalking' generally requires:
Answer: Conduct directed at a person that would cause a reasonable person to fear death, sexual assault, or bodily injury
Virginia's stalking statute (§ 18.2-60.3) requires a course of conduct causing reasonable fear of death, sexual assault, or bodily injury.
A 'bench warrant' is issued by a judge when a defendant:
Answer: Fails to appear in court as required
A bench warrant is issued directly by the court (from the bench) when a defendant fails to appear for a scheduled court date.