DCJS Criminal Law & Legal Procedures 5 — Questions and Answers
Question 1: Under the Sixth Amendment, a criminal defendant has the right to confront witnesses. This means:
- The defendant has the right to cross-examine witnesses testifying against them (Correct answer)
- The defendant may physically face witnesses outside the courtroom
- Witnesses may only testify via written affidavit
- The prosecution must disclose all witnesses before trial
Correct answer: The defendant has the right to cross-examine witnesses testifying against them
The Confrontation Clause of the Sixth Amendment guarantees the right to cross-examine adverse witnesses in open court.
Question 2: In Virginia, 'accessory after the fact' applies to a person who:
- Knowingly assists a felon to avoid arrest or prosecution after the crime is complete (Correct answer)
- Helped plan the crime before it occurred
- Was present during the crime but did not participate
- Purchased stolen goods without knowing they were stolen
Correct answer: Knowingly assists a felon to avoid arrest or prosecution after the crime is complete
An accessory after the fact assists a felon after the crime's completion with knowledge of the crime, intending to help the felon escape justice.
Question 3: The 'fruit of the poisonous tree' doctrine means that:
- Evidence derived from an unlawful search or seizure is generally inadmissible (Correct answer)
- Any evidence found near a crime scene is automatically admissible
- Eyewitness testimony is more reliable than physical evidence
- Prosecutors must disclose all exculpatory evidence
Correct answer: Evidence derived from an unlawful search or seizure is generally inadmissible
The fruit of the poisonous tree doctrine extends the exclusionary rule to secondary evidence derived from an initial Fourth Amendment violation.
Question 4: Virginia Code § 18.2-308 generally prohibits:
- Carrying a concealed handgun without a permit (Correct answer)
- Possessing a firearm on school property
- Discharging a firearm in a public place
- Selling a firearm without a background check
Correct answer: Carrying a concealed handgun without a permit
§ 18.2-308 prohibits carrying a concealed handgun without a valid Concealed Handgun Permit (CHP) in Virginia.
Question 5: When an officer seizes property under the 'plain view' doctrine, which condition must be met?
- The officer must be lawfully present and the incriminating nature of the item must be immediately apparent (Correct answer)
- The item must be specifically listed in a valid search warrant
- The officer must first obtain consent from the property owner
- The item must be in a public place with no expectation of privacy
Correct answer: The officer must be lawfully present and the incriminating nature of the item must be immediately apparent
Plain view requires: lawful presence at the location, the item is in plain view, and its incriminating character is immediately apparent.
Question 6: Under Virginia law, 'extortion' (blackmail) typically involves:
- Obtaining property or money by threatening to expose information or cause harm (Correct answer)
- Breaking into a building to steal property
- Forging a check or financial instrument
- Using a computer to access another's financial accounts
Correct answer: Obtaining property or money by threatening to expose information or cause harm
Extortion involves compelling a person to surrender money or property through threats of harm, exposure, or accusation.
Question 7: The principle of 'stare decisis' requires Virginia courts to:
- Follow precedent established by higher courts when deciding similar cases (Correct answer)
- Apply only the most recently enacted statutes
- Disregard federal court decisions in state criminal matters
- Decide each case solely on its unique facts without reference to prior rulings
Correct answer: Follow precedent established by higher courts when deciding similar cases
Stare decisis ('to stand by decided matters') obligates courts to follow precedent from higher courts to ensure consistency and predictability in the law.
DCJS Criminal Law & Legal Procedures 5
Under the Sixth Amendment, a criminal defendant has the right to confront witnesses.
This means: