MPTC Lynnfield Criminal Law test
What is the statute of limitations for most crimes in Massachusetts?
6 years
Statute of limitations for sexual assaults involving Children
Involving Children- No time limit
Statute of limitations for armed robbery
10 years
Statute of limitations for rape
15 years
conspiracy
an agreement between two or more people to do something unlawful
elements of conspiracy
1. Suspect joined an agreement or plan with one or more persons
2. purpose of the agreement was to do something unlawful
3. Suspect joined the conspiracy knowing of the unlawful plan and intended to
carry it out
Definition in relation to intent- Knowingly
person engaged in prohibited conduct with the knowledge that the social harm
that the law was designed to prevent was certain to happen
Definition in relation to intent- Reckless
A person is reckless is they knew or should have known that such actions were
very likely to cause substantial harm to someone, but they did it anyway.
Definition in relation to intent- Malice
A state of mind of cruelty, hostility or revenge.
circumstantial evidence
evidence is not based on actual personal knowledge or observation of the facts in
controversy, but of other facts from which deductions are drawn.
(Mailman was assumed to have been at a house because someone observes mail in
the mailbox)
, What is a large capacity firearm?
Any firearm or rifle that is capable of having more than ten rounds and any
shotgun that is capable of accepting more than five shells
Right of arrest for possession of a large capacity firearm
Felony
Age of indecent assault
14 Years old
Stalking (Elements)
1) suspect engaged in a pattern of conduct or series of acts involving at least three
incidents directed at another
2) Those acts caused substantial emotional distress to the victim
3) Those acts caused the victim to be seriously alarmed or annoyed
4) suspect took those actions willfully and maliciously
5) suspect also made a threat with the intention of placing the victim in imminent
fear of death or injury
Difference between criminal harassment and stalking
No threats are made for someone that is in the commission of criminal harassment
Unarmed Burglary
a) breaks and enters a dwelling house at night
b) with intent to commit a felony; and
c) is not armed with a dangerous weapon and does not assault a lawful occupant
Right arrest: Felony
armed burglary
breaks and enters a dwelling house at night; with intent to commit a felony; and is
armed with firearm or dangerous weapon beforehand; or arms himself after
making entry and assaults a lawful occupant
right of arrest: felony
armed robbery
the suspect took and carried away property possessed by someone else's area of
control or presence by force and violence or by putting in dear AND the suspect
What is the statute of limitations for most crimes in Massachusetts?
6 years
Statute of limitations for sexual assaults involving Children
Involving Children- No time limit
Statute of limitations for armed robbery
10 years
Statute of limitations for rape
15 years
conspiracy
an agreement between two or more people to do something unlawful
elements of conspiracy
1. Suspect joined an agreement or plan with one or more persons
2. purpose of the agreement was to do something unlawful
3. Suspect joined the conspiracy knowing of the unlawful plan and intended to
carry it out
Definition in relation to intent- Knowingly
person engaged in prohibited conduct with the knowledge that the social harm
that the law was designed to prevent was certain to happen
Definition in relation to intent- Reckless
A person is reckless is they knew or should have known that such actions were
very likely to cause substantial harm to someone, but they did it anyway.
Definition in relation to intent- Malice
A state of mind of cruelty, hostility or revenge.
circumstantial evidence
evidence is not based on actual personal knowledge or observation of the facts in
controversy, but of other facts from which deductions are drawn.
(Mailman was assumed to have been at a house because someone observes mail in
the mailbox)
, What is a large capacity firearm?
Any firearm or rifle that is capable of having more than ten rounds and any
shotgun that is capable of accepting more than five shells
Right of arrest for possession of a large capacity firearm
Felony
Age of indecent assault
14 Years old
Stalking (Elements)
1) suspect engaged in a pattern of conduct or series of acts involving at least three
incidents directed at another
2) Those acts caused substantial emotional distress to the victim
3) Those acts caused the victim to be seriously alarmed or annoyed
4) suspect took those actions willfully and maliciously
5) suspect also made a threat with the intention of placing the victim in imminent
fear of death or injury
Difference between criminal harassment and stalking
No threats are made for someone that is in the commission of criminal harassment
Unarmed Burglary
a) breaks and enters a dwelling house at night
b) with intent to commit a felony; and
c) is not armed with a dangerous weapon and does not assault a lawful occupant
Right arrest: Felony
armed burglary
breaks and enters a dwelling house at night; with intent to commit a felony; and is
armed with firearm or dangerous weapon beforehand; or arms himself after
making entry and assaults a lawful occupant
right of arrest: felony
armed robbery
the suspect took and carried away property possessed by someone else's area of
control or presence by force and violence or by putting in dear AND the suspect
