MPTC Final Exam Study Material - Fully Updated Solutions

MPTC Final Exam Study Material - Fully Updated Solutions _______ evidence directly links a person to a crime - answer - Direct _______ evidence relies on an inference to connect a conclusion of fact - answer - Circumstantial _________ evidence is tangible and may be direct or circumstantial - answer - Physical __________ evidence refers to evidence and/or statements which tend to clear, justify or excuse a defendant from alleged fault or guilt - answer - Exculpatory Evidence to be admissible in court must be _____ and _______ - answer - relevant; reliable Mala in se - answer - wrong or evil in itself mala prohibita - answer - offenses prohibited by law but not wrong in themselves actus reus - answer - guilty act mens rea - answer - guilty mind Types of intent - answer - -Accident - Knowingly - Malice --- intentional and w/out justification - Negligent - Reckless --- conduct likely to cause harm, person should have known conduct posed risks - Wanton --- conduct that consciously disregards, or is indifferent to, an immediate danger of harm - Willful --- with purpose and by design Types of intent (3) - answer - 1) Specific - specific "purpose" 2) General - "knowingly" commits 3) Transferred Conspiracy - answer - - Agreement between 2 or more people to do something unlawful - joined knowingly the unlawful plan and with intent to help carry it out Crimes Against Persons - answer - Chapter 265 Assault -mere words are not sufficient without overt act - answer - 1) Attempted battery - intended to commit battery by touching victim in harmful way or unpermitted way - took some overt action; AND - came reasonably close to commit battery Presence or Complaint 2) Threatened battery - suspect intentionally engaged in menacing conduct that; - reasonably caused the v to be in fear of battery Presence or Complaint Assault by dangerous weapon (Felony) - answer - 1) suspect attempted or threatened to commit battery w/ intent to cause fear 2) by using dangerous weapon Assault and Battery (Presence or Complaint) - answer - 1) Intentional A&B - intentional touching - w/out having right to do so; AND - caused physical harm; OR person did not consent 2) Reckless A&B - intentional reckless conduct that; -caused injury or physical harm to another Assault in dwelling house with dangerous weapon (Felony) - answer - 1) enters house while armed with DW 2) assaults another with intent to commit a felony A&B against specific persons (Felony) - answer - a) Person 60 or older b) elderly or disabled person c) pregnant person d) Child under 14 y/o e) PO Mayhem (Felony) - answer - a) Specific Acts - maliciously intend to maim or disfigure; AND - committed one of the following cut out, remove tongue pull out or maim eye b) Dangerous Substances or Weapons c) Privy - suspect knew of another person's intent to maim or dsifugure; OR was present and aided Indecent A&B on 14 or older (Felony) (Under 14/intellectual disability - Felony) - answer - 1) suspect committed an A&B that was indecent 2) on v 14 or odler 3) victim did not consent Unarmed Robbery (Felony) - victim does not have to resist or be afraid to prove force - fear can be shown even if v denies being afraid - answer - 1) unarmed suspect intentionally; 2) by FORCE OR instilling FEAR; and 3) takes money or property from v immediate control Larceny from person (Felony) -lesser included offense of unarmed robbery - answer - 1) take and carry away; 2) money or prop 3) from v or immediate control 4) with intent to permanently deprive Armed Robbery (Felony) - answer - 1) armed with a dw 2) assaults another; AND 3) takes $ or prop Criminal Harassment (Warrantless with PC) -no relationship required - speech as "fighting words" - after suspect charged, further contact can be Intimidating a Witness - answer - 1) Knowingly, willfully, engage in a pattern of conduct, speech or series of acts; 2) targeting a specific victim 3) on at least THREE occasions; and 4) nature