CRIMINAL LAW MPTC STUDY GUIDE
Evidence - Answer -Testimony, writings, materials, objects, or other things presented to
the senses that are offered to prove the existence or non existence of a fact.
Direct Evidence - Answer -Based on personal knowledge or observations. If true,
proves a fact without the need of inferences or presumptions.
Circumstantial Evidence - Answer -Testimony not based on actual personal knowledge
or observation of the facts in controversy, but of other facts from which deduction are
drawn, showing indirectly the facts sought to be proved.
Relevant - Answer -It has any tendency to make a fact more or less probable than it
would be without the evidence. The fact is of consequence in determining the action.
General Intent - Answer -When the offender knowingly acts but does not necessary
desire the consequences of the act.
Specific Intent - Answer -When the offender has a purposeful state of mundane to
accomplish the precise criminal act
Transferred Intent - Answer -Intends to harm one person but ends up harming another.
The offenders intent to harm the 1st person is transferred to harm the 2nd person.
Accident - Answer -An unexpected happening that occurs without intention or design
on the suspects part.
Knowingly - Answer -With knowledge; consciously: intelligently; willfully; intentionally.
Acts with awareness of the nature of his conduct.
Malice - Answer -A state of mind of cruelty, hostility, or revenge.
Negligent - Answer -The failure to use the degree of care which a reasonably prudent
person would use under the circumstances.
Reckless - Answer -Know or should have known that their actions were very likely to
cause substantial harm, but they can the risk anyway.
Wanton - Answer -Suspect knew would create a risk of substantial damage or
destruction to another's property or conduct that a reasonable person would have
realized posed a risk of substantial damage to or destruction of anothers property.
Willful - Answer -Voluntary; knowingly; deliberately; intentionally; purposely. Not
accidental or involuntary.
, Felony - Answer -Any crime punishable by confinement in state prison or death. 2 1/2
years or more in state prison.
Misdemeanor - Answer -Crimes that do not allow the option for confinement in the state
prison.
The statue of limitations for most crimes in Massachusetts is - Answer -6 Years
Statute of limitations for murder is - Answer -No time limitation
Certain sexual assaults involving children limitations is - Answer -No time limitations
Armed Robbery limitations is - Answer -10 years
Rape limitations is - Answer -15 Years
Physical Evidence - Answer -Is tangible items or materials that you can touch that are
found at the crime scenes or during a search.
Testimonial Evidence - Answer -Statements made by witnesses, victims, suspects or
police. Those statements may consist of personal observation/knowledge or may
involve the communication of information from which one may infer facts.
Exculpatory Evidence - Answer -Evidence Helpful to the defense
Reliable - Answer -The value of physical evidence is directly related to a reliable chain
of custody. How honest and real things are.
Intent - Answer -Crimes are illegal acts that violate a penal federal, state, or local law.
For an act to be criminal it, must be committed with a criminal mind
Statue of limitations - Answer -Requires criminal charges be filed within a specific
number of years from the original date of an offense.
Responsible Parties - Answer -Not limited to the person who commits the crime.
People who willingly participate in the planning or execution of a crime, or interfere with
offender apprehension after the fact, can also be charged
Principal - Answer -Is the person who commits the crime
Accomplice (Aider or Abettor) - Answer -Suspect knowingly and intentionally
participated in some meaningful way in the commission of the offense, alone or with
others and the suspect did so with the intent required for that offense.
Accessory BEFORE the Fact - Answer -Suspect is accused of having been an
accessory to a felony before that felony was committed.
Evidence - Answer -Testimony, writings, materials, objects, or other things presented to
the senses that are offered to prove the existence or non existence of a fact.
Direct Evidence - Answer -Based on personal knowledge or observations. If true,
proves a fact without the need of inferences or presumptions.
Circumstantial Evidence - Answer -Testimony not based on actual personal knowledge
or observation of the facts in controversy, but of other facts from which deduction are
drawn, showing indirectly the facts sought to be proved.
Relevant - Answer -It has any tendency to make a fact more or less probable than it
would be without the evidence. The fact is of consequence in determining the action.
General Intent - Answer -When the offender knowingly acts but does not necessary
desire the consequences of the act.
Specific Intent - Answer -When the offender has a purposeful state of mundane to
accomplish the precise criminal act
Transferred Intent - Answer -Intends to harm one person but ends up harming another.
The offenders intent to harm the 1st person is transferred to harm the 2nd person.
Accident - Answer -An unexpected happening that occurs without intention or design
on the suspects part.
Knowingly - Answer -With knowledge; consciously: intelligently; willfully; intentionally.
Acts with awareness of the nature of his conduct.
Malice - Answer -A state of mind of cruelty, hostility, or revenge.
Negligent - Answer -The failure to use the degree of care which a reasonably prudent
person would use under the circumstances.
Reckless - Answer -Know or should have known that their actions were very likely to
cause substantial harm, but they can the risk anyway.
Wanton - Answer -Suspect knew would create a risk of substantial damage or
destruction to another's property or conduct that a reasonable person would have
realized posed a risk of substantial damage to or destruction of anothers property.
Willful - Answer -Voluntary; knowingly; deliberately; intentionally; purposely. Not
accidental or involuntary.
, Felony - Answer -Any crime punishable by confinement in state prison or death. 2 1/2
years or more in state prison.
Misdemeanor - Answer -Crimes that do not allow the option for confinement in the state
prison.
The statue of limitations for most crimes in Massachusetts is - Answer -6 Years
Statute of limitations for murder is - Answer -No time limitation
Certain sexual assaults involving children limitations is - Answer -No time limitations
Armed Robbery limitations is - Answer -10 years
Rape limitations is - Answer -15 Years
Physical Evidence - Answer -Is tangible items or materials that you can touch that are
found at the crime scenes or during a search.
Testimonial Evidence - Answer -Statements made by witnesses, victims, suspects or
police. Those statements may consist of personal observation/knowledge or may
involve the communication of information from which one may infer facts.
Exculpatory Evidence - Answer -Evidence Helpful to the defense
Reliable - Answer -The value of physical evidence is directly related to a reliable chain
of custody. How honest and real things are.
Intent - Answer -Crimes are illegal acts that violate a penal federal, state, or local law.
For an act to be criminal it, must be committed with a criminal mind
Statue of limitations - Answer -Requires criminal charges be filed within a specific
number of years from the original date of an offense.
Responsible Parties - Answer -Not limited to the person who commits the crime.
People who willingly participate in the planning or execution of a crime, or interfere with
offender apprehension after the fact, can also be charged
Principal - Answer -Is the person who commits the crime
Accomplice (Aider or Abettor) - Answer -Suspect knowingly and intentionally
participated in some meaningful way in the commission of the offense, alone or with
others and the suspect did so with the intent required for that offense.
Accessory BEFORE the Fact - Answer -Suspect is accused of having been an
accessory to a felony before that felony was committed.
