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What are the 3 elements of a crime?
Act and Mental State and Social harm
What two situations might MAGs incur liability?
(1)failing to observe proper procedures (2) monetary samages for improperly authorized search
Which decision are binding precedent on the VA Supreme Court?
U.S. Supreme Court
What is the best way to decide between a negative elements that the state must prove and an affirmative defense?
If that information is within the peculiar knowledge of D then it is an affirmative defense. Example would be a prescription for a controlled substance
What is a Principal in the 1st?
Either a person who does the act OR who causes an agent to do physical acts constituting the crime
Who is present at the crime?
Principals 1st and 2nd
Who is not present at the crime?
Accessories before and after
Is attempt a crime?
yes
What is a Principal in the 2nd?
(1) Actual or constructive presence (2) shared intent with principal 1st
for purposes of principal 2nd what is constructive presence?
Lookout or getaway driver basically someone who shared the criminal purpose
For purposes of principal 2nd how is shared intent defined?
(1) knows or has reason to know of Principal 1s intention AND (2) intends to encourage or aid principal 1. Mere presence not enough.
For purposes of principal 2nd liability what is evidence of shared intent?
(1) overt act AND (2) approval of 1s actions. communication of shared intent may be slight
Are principals 2 punished like 1s?
Yes
Are there distinctions between principals and accessories for MISD?
No
Are there times where no eMag modifier is need?
Yes as is the case with arson which defines accesories acts as part of offense
What is an accessory before the fact?
(1) shares criminal purpose (2) encourages or assists (3) absent from commission. verbal assistance can be enough
How far does liability extend for accesories before the fact?
Crimes committed AND unintended and incidental crimes
What is the role of the accesory after the fact?
to render post-crime assistance and impede prosecution
Who is statutorily excluded from being an accessory after the fact?
Spouses and parents and grandparents and children and siblings and servants
What is the punishment for accessories after in felony cases?
Class I MISD
Define Conspiracy
Agreement between 2 or more persons to commit a crime. Often proved circumstantially.
What is the mental state for conspiracy?
Shared intent that felony be committed
Does a conspiracy exist when one one party is an undercover LEO?
No
What is Whartons Rule?
No conspiracy where all parties are necessary to the commission of the crime. Example is drug buyer and seller.
Where is conspiracy part of the substantive offense?
Drugs AND telephone equipment damage AND credit card fraud AND trespass AND larceny
Is there a general charge for conspiracy to commit a MISD?
No unless there is a statute specifically authorizing
What is an attempt?
it is an overt act intended to produce the intended result and is the last proximate act before consummation of the crime
For attempt must there be some evidence for each element of the attempted offense?
yes
What is solicitation?
verbal conduct that is more than a mere request
What is the mental state of solicitation?
Must have intended that the solicited party perform the object crime
When is the crime of solicitation complete?
When there is a command or entreaty with the requisite intent. Soliticted person need not take any action
What happens when the solicited party agrees to the crime?
Conspiracy
What happens when the solicited party acts?
Accessory before the act
What are the elements of common law burglary?
(1) break and enter (2) dwelling house of another (3) in the nighttime (4) with intent to commit a felony or any larceny
What is a dwelling house?
A structure regularly used for sleeping.
Is it still a dwelling house if owner leaves with no intention of returning?
No
Is a vacation home a dwelling house?
yes so long as it is habited at regular intervals
Can co-tenants or spouses burglarize their own places?
No unless co-owning spouse leaves with no intent to return or there is a protective order in place but still have to prove the elements
Can breaking be the use of force from BOTH the inside and outside of the dwelling?
Yes. Force can be slight.
What are examples of constructive breaking?
Threat or Fraud or Accomplice
What is the key to the breaking analysis?
That the breaking results in an entry against the wishes of the rightful occupant
Can you enter without your body?
yes objects or tools would be sufficient
What is the definition of common law nighttime?
Period between sunset and sunrise
How is common law burglarious intent proved?
Circumstantially. Unlawful entry creates presumption
Can unauthorized presence in a building at night create an inference of intent to commit larceny?
Yes
Can the possession of recently stolen goods give an inference of participation in burglary?
Yes
Does exclusive possession of recently stolen goods give an inference that possessor took the goods?
Yes
Is common law burglary prosecuted differently where a deadly weapon is used?
Yes
What is the mental state for 18.2-90 burglary?
Intent to commit murder OR rape OR robbery OR arson. daytime okay. Car okay if used as dwelling. No breaking necessary at night. Concealing self requires no breaking.
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