DCJS Criminal Law & Legal Procedures 3 — Questions and Answers
Question 1: Virginia's 'castle doctrine' allows a person to use force without a duty to retreat when:
- They are in their home and reasonably believe force is necessary to prevent death or great bodily harm (Correct answer)
- They are anywhere they have a legal right to be
- They are defending property only, not persons
- They first verbally warn the intruder before using force
Correct 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.
Question 2: Under the Eighth Amendment, which prohibition applies to law enforcement and corrections?
- Cruel and unusual punishment (Correct answer)
- Unreasonable searches and seizures
- Self-incrimination
- Double jeopardy
Correct 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.
Question 3: In Virginia, 'robbery' differs from larceny because robbery:
- Requires taking property from a person using force or intimidation (Correct answer)
- Can occur without the victim being present
- Only involves theft of high-value property
- Does not require intent to permanently deprive
Correct 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.
Question 4: A 'Nol Pros' (nolle prosequi) in criminal procedure means:
- The prosecutor declines to pursue the charges at that time (Correct answer)
- The defendant has been found not guilty
- The case has been transferred to another jurisdiction
- The defendant has pleaded guilty to a lesser charge
Correct 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.
Question 5: Under Virginia law, which best describes 'constructive possession' of contraband?
- Having knowledge of and dominion and control over contraband not on one's person (Correct answer)
- Physically holding contraband in one's hands
- Being in the same room as contraband belonging to another
- Owning property where contraband was found by a third party
Correct 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.
Question 6: The 'reasonable person' standard in use-of-force cases (Graham v. Connor) is evaluated from the perspective of:
- A reasonable officer on the scene at the time, not with hindsight (Correct answer)
- A judge reviewing the incident after the fact
- The victim of the use of force
- A civilian with no law enforcement training
Correct 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.
Question 7: Virginia Code classifies grand larceny as theft of property valued at or above:
- $1,000 (Correct answer)
- $250
- $500
- $2,500
Correct answer: $1,000
Virginia Code § 18.2-95 classifies grand larceny as theft of property valued at $1,000 or more.
DCJS Criminal Law & Legal Procedures 3
Virginia's 'castle doctrine' allows a person to use force without a duty to retreat when: