Transferred malice Study guides, Revision notes & Summaries

Actus Reus - ANSWER The act that produces the criminally prohibited result. Needs to be a voluntary conscious act, i.e. reflex actions, hypnosis and sleep walking doesn't count, but habitual acts or acts performed under duress count (but duress can be a defense.) 4th amendment - ANSWER prohibition against unreasonable search and seizure Omission to Act where there is a legal duty - ANSWER Normally failure to act isn't criminal, but a legal duty can arise via statute, K, relationship, vol...

Criminal Law MPTC Evidence 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 Based on personal knowledge or observations. If true, proves a fact without the need of inferences or presumptions. Circumstantial Evidence Testimony not based on actual personal knowledge or observation of the facts in controversy, but of other facts from which deduction are drawn, showing indirect...

Criminal Law, Questions & Answers. Exam 2022/23 study guider Document Content and Description Below "Statutes"-penal code - Statutes give us certainty (can't be charged for a crime not in the statute and it must have a punishment). Because law is out there it is knowable (never a defense). La w can be proactive-look at conduct that is occurring and deal with it without having to wait for a case to happen. Standard of Proof - Standard of proof-"beyond a reasonable doubt" (highest burden kn...

NC BLET 2018 Elements of Criminal Law questions and answers well illustrated. States of Mind - Types of intent - correct al intent specific Intent transferred intent States of Mind - name them - correct tionally knowingly willfully maliciously wantonly criminal negligence negligence strict liability States of Mind- Knowingly - correct ctive knowledge objective knowledge willful blindness Mens rea - correct answers.Latin for "guilty mind" General Intent...

Evidence 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 Based on personal knowledge or observations. If true, proves a fact without the need of inferences or presumptions. 00:10 01:25 Circumstantial Evidence Testimony not based on actual personal knowledge or observation of the facts in controversy, but of other facts from which deduction are drawn, sho...

Direct Evidence - Answer Based on personal knowledge or observations. Proves a fact without the need of inferences or presumptions (Video of a robbery, witness saw a suspect strike the victim of a A&B) Physical Evidence - Answer tangible evidence, you can touch it. (objects, property seized during searches) Testimonial Evidence - Answer statements made by victims, witnesses, suspects or police examples Statements made directly to the police spontaneous utterance overheard by witnes...

BPP Tort Law GDL Revision andChapter Notes GRADED A+ Tort Revision Ch 2: Trespass to the Person Trespass to the person is the intentional cause of injury, as opposed to the negligent cause of injury. An employer can be vicariously liable for an employee who commits trespass. 1) Assault 2) Battery 3) The Rule in Wilkinson v Downton 4) False Imprisonment Actionable per se: without proof of damage and require an act, not an omission Battery “the direct and intentional application of f...

MPTC Criminal Investigations Questions and Answers 100% correct RESPECT model when conducting Criminal Investigations Respond and make it safe, Emergency care for injured, Separate and remove people, Protect crime scene, Evidence collection, Corroborate evidence with M.G.L., Take action/Testify, Best practices securing Inner Perimeter Make at least TWICE the size of actual crime scene, Clearly mark perimeters with line tape, Only allow authorized investigators to the inner perimeter, I...

Chapter 03–Classification of Crimes and Basic Elements of Criminal Responsibility Chapter 03 Classification of Crimes and Basic Elements of Criminal Responsibility Multiple Choice Questions 1. Which of the following is NOT one of the special rights and protections that the U.S. Constitution affords to those accused of crimes? A. the Eighth Amendment's protection against excessive bail, excessive fines, and cruel and unusual punishment B. the Sixth Amendment's right to a speedy and pu...

MPTC Criminal Law Questions and Answers 2023 they interfere with social order or violate common morals, values, norms or customs of decency Crimes against the public are considered harmful to society because the public at large The victim for most crimes against the public is • gambling • prostitution • disorderly conduct • weapons offenses • drug and alcohol crimes Common crimes against the public include false statements, inconsistent statements and false...