DCJS Criminal Law & Legal Procedures 2 — Questions and Answers
Question 1: Under Virginia law, what distinguishes a felony from a misdemeanor?
- Felonies are punishable by confinement in a state correctional facility; misdemeanors by confinement in a local jail (Correct answer)
- Felonies always involve violence; misdemeanors are non-violent offenses
- Felonies require intent; misdemeanors are strict liability offenses
- Felonies are prosecuted by the state; misdemeanors are prosecuted by the locality
Correct 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.
Question 2: The doctrine of 'res gestae' in criminal law refers to:
- Statements made spontaneously during or immediately after a crime (Correct answer)
- The physical evidence collected at a crime scene
- The legal rule against double jeopardy
- A defendant's right to remain silent
Correct 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.
Question 3: In Virginia, assault is best defined as:
- An attempt or offer to do bodily harm with the present ability to do so (Correct answer)
- Only the completed act of striking another person
- Threatening words alone without any physical movement
- Any offensive touching regardless of intent
Correct 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.
Question 4: Which element is required to prove burglary under Virginia common law?
- Breaking and entering a dwelling house of another in the nighttime with intent to commit a felony therein (Correct answer)
- Entering any structure without permission to commit theft
- Breaking into a vehicle with intent to commit a crime
- Unlawful entry into any building at any time of day
Correct 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.
Question 5: A 'corpus delicti' requires that an officer establish:
- That a crime has in fact occurred before an arrest or confession can be used (Correct answer)
- The physical body of a homicide victim
- The identity of the perpetrator beyond reasonable doubt
- Written documentation of the crime
Correct 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.
Question 6: Under Virginia law, which offense requires proof of 'specific intent'?
- Larceny (Correct answer)
- Involuntary manslaughter
- DUI
- Reckless driving
Correct answer: Larceny
Larceny requires specific intent to permanently deprive the owner of property, making it a specific-intent crime.
Question 7: The 'exclusionary rule' established in Mapp v. Ohio applies to:
- Evidence obtained through unreasonable searches and seizures by state law enforcement (Correct answer)
- Statements obtained without Miranda warnings only
- Evidence that is deemed irrelevant by the court
- Eyewitness testimony that is inherently unreliable
Correct 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.
DCJS Criminal Law & Legal Procedures 2
Under Virginia law, what distinguishes a felony from a misdemeanor?