MPTC Criminal Law Exam
Threat to commit a crime
Elements:
-Communicate
-Crime
-Reasonable fear
Right of arrest: Complaint only
Sources of Criminal Law
Statutes
Common law
Regulations
Six Kinds of Intent
Specific Intent
Malicious
General Intent
Reckless
Negligent
Strict Liability
Three Rights of Arrest
Arrest Warrant
Warrantless Arrest
Complaint Application
Three ways an officer can arrest on misdemeanor
Statute Past
Statute Present
Breach & Present
Statute of limitations for murder
No limit
Statute of limitations for child sexual offenses
27 years, or no limit if independent evidence is found that corroborates victim's story
Statute of limitations for adult sexual offenses
15 years
Statute of limitations for robbery & incest
10 years
Most other offenses
6 years
Statute of limitations if victim was under 16 at time of crime
Period does not begin until victim reaches age of 16, or violation is reported to LE,
whichever happens first
Statute of limitations for prostitution
1 year
Accomplice
,Elements:
-Intentional Participation
-Criminal Mindset
Right of arrest: depends on crime
Penalty:
-Exactly the same as principal
Accessory after the fact
Elements:
-Knowledge of felony
-Assist
-Felon
-Intent to avoid arrest
Right of Arrest: Felony
Attempt to commit a crime
Elements:
-Specific Intent
-Overt Act
-Failure
Right of Arrest:
-felony if attempt is felony punishable by at least 5 years
-complaint if attempt is felony punishable by less than 5 years or any misdemeanor
-warrantless arrest in presence if attempt involves any larceny
Conspiracy
Element:
-agreement between two or more people to do something unlawful
Right of Arrest:
-if conspiring to commit felony: felony
-if conspiring to commit misdemeanor: complaint
Solicitation of a felony
Elements:
-solicit
-intent
Right of arrest:
-never been decided, get a warrant
Extortion
Elements:
-Communication
-Suspect maliciously intended to accuse another of a crime, injure the person or
property of another, or use power invested in suspect against another
-Intent to get something
,Right of arrest: felony
Assault
Elements:
-Attempted Battery, or
-Threatened Battery
Right of Arrest: arrest for breach in presence, complaint if not
Assault by Dangerous Weapon
Elements:
-Assault
-Dangerous weapon
Right of arrest: felony
Assault and Battery
Elements:
Intentional
-Intentionally touched
-Without having the right
-Cause physical harm or person did not consent
Reckless
-Suspect engaged in reckless conduct
-Caused bodily harm to another
Right of arrest:
-arrest for breach in present, complaint if not
-certain factors make it a felony
A&B by Dangerous Weapon
Elements:
-A&B
-Dangerous weapon
Right of arrest: felony
Mayhem
Elements:
Specific Acts
-Suspect maliciously intended to maim or disfigure, and committed cutting out or
maimed the tongue; put or destroyed an eye; cut or tore off an ear; cut, slit or mutilated
the nose or lip; or cut off or disabled a limb or member of the victim
Dangerous substance or weapon
-Suspect maliciously intended to maim or disfigure, and assaulted the victim with
dangerous weapon or substance, and disfigured, crippled, or inflicted serious or
permanent physical injury
, Privy
-suspect was privy to someone else's intent to maim
Right of arrest: felony
A&B on a Public Employee
Elements:
-A&B
-Public Employee
-Duty
Right of Arrest:
-Arrest for breach in presence, complaint if not
-Felony if attempt to disarm police officer
Interfering with a Police Officer
Elements:
-Intimidate, hinder, or interrupt
-Police officer
-Duty
Right of arrest: arrest for breach in presence
Neglect or refusal to assist officer
Elements:
-Person required by police
-Neglected or refused assistance
Right of arrest:
-Arrest for breach in presence, complaint if not
Resisting Arrest
Elements:
-Prevent or attempt
-Police officer
-Arrest
-Force, threat, or risk of injury.
Right of arrest:
-officer is already making an arrest, considered a breach
Right to know grounds for arrest
Elements:
-An officer arrested a person and refused to tell reason for arrest, answered untruthfully,
or neglected to exhibit warrant
Right of arrest: complaint
False arrest
Elements:
-pretended to have legal process or pretended to have different legal process
Threat to commit a crime
Elements:
-Communicate
-Crime
-Reasonable fear
Right of arrest: Complaint only
Sources of Criminal Law
Statutes
Common law
Regulations
Six Kinds of Intent
Specific Intent
Malicious
General Intent
Reckless
Negligent
Strict Liability
Three Rights of Arrest
Arrest Warrant
Warrantless Arrest
Complaint Application
Three ways an officer can arrest on misdemeanor
Statute Past
Statute Present
Breach & Present
Statute of limitations for murder
No limit
Statute of limitations for child sexual offenses
27 years, or no limit if independent evidence is found that corroborates victim's story
Statute of limitations for adult sexual offenses
15 years
Statute of limitations for robbery & incest
10 years
Most other offenses
6 years
Statute of limitations if victim was under 16 at time of crime
Period does not begin until victim reaches age of 16, or violation is reported to LE,
whichever happens first
Statute of limitations for prostitution
1 year
Accomplice
,Elements:
-Intentional Participation
-Criminal Mindset
Right of arrest: depends on crime
Penalty:
-Exactly the same as principal
Accessory after the fact
Elements:
-Knowledge of felony
-Assist
-Felon
-Intent to avoid arrest
Right of Arrest: Felony
Attempt to commit a crime
Elements:
-Specific Intent
-Overt Act
-Failure
Right of Arrest:
-felony if attempt is felony punishable by at least 5 years
-complaint if attempt is felony punishable by less than 5 years or any misdemeanor
-warrantless arrest in presence if attempt involves any larceny
Conspiracy
Element:
-agreement between two or more people to do something unlawful
Right of Arrest:
-if conspiring to commit felony: felony
-if conspiring to commit misdemeanor: complaint
Solicitation of a felony
Elements:
-solicit
-intent
Right of arrest:
-never been decided, get a warrant
Extortion
Elements:
-Communication
-Suspect maliciously intended to accuse another of a crime, injure the person or
property of another, or use power invested in suspect against another
-Intent to get something
,Right of arrest: felony
Assault
Elements:
-Attempted Battery, or
-Threatened Battery
Right of Arrest: arrest for breach in presence, complaint if not
Assault by Dangerous Weapon
Elements:
-Assault
-Dangerous weapon
Right of arrest: felony
Assault and Battery
Elements:
Intentional
-Intentionally touched
-Without having the right
-Cause physical harm or person did not consent
Reckless
-Suspect engaged in reckless conduct
-Caused bodily harm to another
Right of arrest:
-arrest for breach in present, complaint if not
-certain factors make it a felony
A&B by Dangerous Weapon
Elements:
-A&B
-Dangerous weapon
Right of arrest: felony
Mayhem
Elements:
Specific Acts
-Suspect maliciously intended to maim or disfigure, and committed cutting out or
maimed the tongue; put or destroyed an eye; cut or tore off an ear; cut, slit or mutilated
the nose or lip; or cut off or disabled a limb or member of the victim
Dangerous substance or weapon
-Suspect maliciously intended to maim or disfigure, and assaulted the victim with
dangerous weapon or substance, and disfigured, crippled, or inflicted serious or
permanent physical injury
, Privy
-suspect was privy to someone else's intent to maim
Right of arrest: felony
A&B on a Public Employee
Elements:
-A&B
-Public Employee
-Duty
Right of Arrest:
-Arrest for breach in presence, complaint if not
-Felony if attempt to disarm police officer
Interfering with a Police Officer
Elements:
-Intimidate, hinder, or interrupt
-Police officer
-Duty
Right of arrest: arrest for breach in presence
Neglect or refusal to assist officer
Elements:
-Person required by police
-Neglected or refused assistance
Right of arrest:
-Arrest for breach in presence, complaint if not
Resisting Arrest
Elements:
-Prevent or attempt
-Police officer
-Arrest
-Force, threat, or risk of injury.
Right of arrest:
-officer is already making an arrest, considered a breach
Right to know grounds for arrest
Elements:
-An officer arrested a person and refused to tell reason for arrest, answered untruthfully,
or neglected to exhibit warrant
Right of arrest: complaint
False arrest
Elements:
-pretended to have legal process or pretended to have different legal process
