MPTC Bridge Criminal Law Latest Update Already Passed

MPTC Bridge Criminal Law Latest Update Already Passed Direct Evidence ✔✔Based on personal knowledge or observations direct evidence is true proves a fact without the need for inference s are presumptions example video surveillance a witness who saw suspect strike the victim of assault and battery Circumstantial Evidence ✔✔Testimony not based on actual personal knowledge or observation of facts in controversy but have other facts from wh ich deductions are drawn showing indirectly the facts sought to be proved (black dictionary) example suspects fingerprints at scene of a robbery jury can conclude the suspect was in the store at some point but print is not direct evidence that suspect comm itted the robbery Testimonial Evidence ✔✔Evidence may be direct or circumstantial include statements made by victims, witnesses, suspect or police those statements may consist of personal observations knowledge or may involve the communication of informat ion from which one may infer facts Exculpatory evidence ✔✔Refer to evidence including statements which are helpful to defense this includes information that the defendant stories calls into question immaterial element of the commonwealth version of events or challenges the credibility of a witness for the prosecution . Due process of law requires the government disclose to a criminal suspect favorable evidence in its possession that could materially aid the defense against the judges relevant evidence ✔✔Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence and the fact is of consequence in determining the action reliable evidence ✔✔The value of physical evidence is direc tly related to a reliable chain of custody physical evidence that has been tampered with is not reliable it is important that physical evidence presented in court be in substantially the same condition as it was when originally seized by police. Chain of c ustody is important a reliable chain of custody shows every person who came in direct contact with the evidence either through collection storage or analysis Chain of custody should include ✔✔Date time location seized, officer who sees the evidence, all dates times evidence received or transferred to another person, names of all people who came in contact with evidence and full description of evidence for positive identification Physical Evidence ✔✔Evidence is tangible capable of being perceived especiall y by sense of touch and may be direct or circumstantial physical evidence includes objects property or items seized at crime scene or during searches General Intent ✔✔When the offender knowingly ask but does not necessarily desire the consequences of the act general intent does not require offender to know they are breaking the law Specific Intent ✔✔Exist when the offender has a purposeful state of mind to accomplish the precise criminal act example (Jimmy) breaks into a house to steal jewelry Jimmy's int ent is specific his purpose for breaking into house was to steal Transferred Intent ✔✔Exist when an offender intends to harm one person but ends up harming another offenders intent to harm the first person is transferred to the second person Definition o f Related intent ✔✔Accident - an unexpected happening that occurs without intention or design on the subject part Knowingly end with knowledge consciously intelligently willfully an individual acts knowingly when he acts with awareness of the nature of h is conduct Malice end a state of mind of cruelty hostility or revenge