DCJS Criminal Law & Legal Procedures 2

Question 1

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

Accepted Answer

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

Answer

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:

Accepted Answer

Statements made spontaneously during or immediately after a crime

Answer

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:

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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

(DCJS) VA DCJS Law Enforcement Certification Practice Test

(DCJS) VA DCJS Law Enforcement Certification Practice Test

DCJS Criminal Law & Legal Procedures 2