Criminal Law MPTC Latest Version Graded A

Criminal Law MPTC Latest Version Graded A Direct Evidence directly links a person to a crime and without the need of any additional evidence or inference. Example: a video recording of offender robbing the convenience store while holding a gun Circumstantial evidence relies on an inference to connect a conclusion of fact Example: if a defendants finger print was found at the scene of a convenience store robbery, a jury could conclude that the defendant was in the store at some point, but the fingerprint is not direct evidence that the defendant committed the robbery physical evidence tangible and may be direct or circumstantial. includes objects, property, or items seized at crime scenes or during searches. testimonial evidence may be direct or circumstantial. includes first hand statements made by victims, witnesses, suspects or police. examples: statements made directly to the police, spontaneous utterances overheard by witnesses, written statements, interview and interrogation recordings. Direct testimonial evidence when a victim, suspect, or witness makes a statement about what he or she saw, heard, or felt "firsthand" using his or her own senses Circumstantial testimonial evidence suggests other facts from which reasonable inferences can be drawn. example: a witness might testify that he sees mail in a mailbox. this is evidence that the mailman has been there; no one saw him, but one can reasonably infer that he has been there because there is mail in the mailbox. Hearsay Testimony "secondhand" knowledge repeated about what another person said about what he or she saw, heard, or felt a spontaneous or excited utterance Generally, a witness cannot testify in court about what another person told him, but there are several exceptions to the rule against hearsay. The most common hearsay exception is Spontaneous utterance out of court statements uttered during the heat of the moment while under stress or excitement.. Negate premeditation or fabrication and tend to qualify, characterize, or explain an underlying event. 911 calls or excited statements of witnesses on scene What are some examples of spontaneous utterances? Exculpatory evidence refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault or guilt. police and prosecutors are obligated to disclose this evidence to the defense. Relevant and Reliable What must evidence be for it to be admissible in court? Relevant evidence is this if it has any tendency to make a fact more or less probable than it would be without the evidence. (1) evidence must tend to prove or disprove a particular fact and (2) the particular fact must be material to a issue of consequence in the case The concept of relevancy has two components which are: Reliability evidence has not been tampered with and in substantially the same condition as evidence originally seized by police when presented in court. chain of custody the meticulous and chronological documentation of evidence, from the moment it is seized to its presentation in court. used to prevent loss, destruction, tampering and contamination by collecting and properly packaging physical evidence. every person who came in direct contact with the evidence, through collection, storage, or analysis. What does a reliable chain of custody show? 1. Date, time, and location evidence was seized 2. Name of officer who seized evidence 3. All dates and times evidence were received or transferred to another person 4. Names of all people who came in contact with evidence 5. Full description of evidence for positive identification Best practices for chain of custody include documenting the following: (5) Mala in se "wrong or evil in itself," overtly harmful to people, immoral or inherently wrong by nature. examples include rape, murder, larceny Mala prohibita "wrong because they are prohibited" by virtue of law. Examples include gambling and prostitution Actus reus "guilty act." Component of committing a crime that includes -failure to act (eg child neglect) -threatening to act (eg accosting persons) -unsuccessful attempt to act (eg attempted robbery) Mens rea "guilty mind" or the intent to commit a crime intent state of mind with which an act is done motive the need or desire that causes a person to act 1. Accident 2. Knowingly 3. Malice 4. Negligent 5. Reckless 6. Wanton 7. Willful What are the types of intent? (7) accident A sudden, unexpected happening that occurs without intention or design knowingly a voluntary and intentional act, not because of mistake, accident, negligence, or innocent reason malice intentional and without justification or mitigation, and out of cruelty, hostility, or revenge negligent conduct that a reasonable and careful person would not do reckless conduct that is very likely to cause substantial harm, and person should have known that their conduct posed such risks but did so anyway wanton conduct that consciously disregards, or is indifferent to, an immediate danger of substantial harm to other people or their property willful with purpose and by design, and not out of mistake or accident specific, general, transferred What are the three types of intent? specific intent *jimmy's intent is specific because his purpose for breaking into the house was to steal exists when the offender has a specific "purpose" for committing the crime. example: Jimmy breaks into a house because he wants to steal jewelry. general intent exists when the offender "knowingly" commits the crime. does not require offenders to know they are breaking the law. it only requires offenders to have intent to commit the act that constituted a crime. Transferred intent exists when an offender intends to commit one crime but ends up committing an unintended crime. the offenders intent to commit the second or unintended crime is presumed if it is a probable consequence of the first intended crime. felony Any crime punishable by confinement in state prison or death misdemeanors all crimes that are not felonies, including those punishable by confinement in a house of correction statutes of limitations help prevent people from being exposed to criminal prosecution indefinitely for certain crimes where evidence is most likely to deteriorate. 1. Minimizes false claims 2. Promotes right to speedy trial 3. Decreases chance of faded memories 4. Increases likelihood of faded memories 5. Relief from mental anguish of threatened legal action Common reasons for having statues of limitations: (5) 6 years What is the statute of limitations for most crimes in Massachusetts? 10 years What is the statute of limitations for armed robbery? 15 years Statute of Limitations for rape? 27 years statute of limitations for assault on a child? a "principal" the person who commits the crime accomplice or "aider an abbetor" the person who -knowingly and intentionally participated in some meaningful way in the commission of the offense, and -did so with the intent required for that offense Accessory BEFORE the fact 1. Someone other than principal who committed the felony; 2. was an accessory to that felony by counseling, hiring, or in some other way arranging for the principal to commit the felony; and 3. Did so with the same knowledge and intent as the principal who committed the crime. assault and attempted battery Right of Arrest: Presence or Complaint 1. suspect intended to commit a battery by touching victim in a harmful or unpermitted way (victim does not need t be afraid) 2. took some overt action, AND 3. came reasonably close to committing a battery what is the right of arrest? Assault and threatened battery Right of Arrest: Presence or Complaint 1. Suspect intentionally engaged in menacing conduct that; 2. reasonably caused the victim to be in fear of imminent battery assault an overt act undertaken with the intention of putting another person in fear of bodily harm and reasonably calculated to do so, whether or not the defendant actually intended to cause fear. victim must experience fear of imminent harm what must happen to the victim to charge threatened battery? Assault by dangerous weapon Right of Arrest: Felony 1. Suspect attempted a battery or threatened to commit a battery with the intent to cause fear; 2. by using a dangerous weapon attempted battery by a dangerous weapon occurs when the suspect thrusts, pushes, or discharges a weapon within striking distance of the victim. threatened battery requires suspect to engage in menacing conduct with the weapon and intent to make the victim afraid. menacing conduct includes brandishing, displaying, or talking about the weapon in a manner designed to scare the victim. intentional A&B right of arrest: presence or complaint 1. intentional touching of another person, however slight, 2. without having any right to do so, AND 3. caused physical harm, OR person touched did not consent Reckless AB right of arrest: presence or complaint 1. intentional reckless conduct that; 2. caused injury or physical harm to another person