Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

Which factor is not considered by a court to determine possession "with intent"?

1. Quantity of substance

2. Statements of third-party witnesses

3. Unusual amount of money

4. Packing method

The correct answer is: Statements of third-party witnesses

In legal terms, possession "with intent" refers to the intention behind possessing certain substances or items, often associated with drug-related offenses or illegal goods. One key element in proving intent is the context of the possession, which includes aspects such as the quantity of the substance, the packing method, and the presence of an unusual amount of money that could suggest distribution as opposed to personal use. While statements from third-party witnesses can play a role in providing context or corroborating evidence, they are not a direct factor or criterion that the court uses to determine possession "with intent." The court typically focuses on tangible evidence and the circumstances surrounding the possession rather than relying on potentially subjective accounts or hearsay from outside parties. Therefore, the lack of reliance on witness statements makes this choice the one that does not fit within the established factors used to assess possession with intent.