MPTC Criminal Law Exam Questions and Correct Answers

MPTC Criminal Law Exam Questions and Correct Answers 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 witnesses written statements Interview and interrogation recordings Circumstantial Evidence - Answer-Deductions are drawn evidence used to imply a fact but not prove it directly (fingerprints at the scene of a robbery, links the person to the location, but not necessarily the crime) Exulpatory evidence - Answer-evidence, including statements ,that are helpful to the defense Define Reliability - Answer-the value of physical evidence (tangible) is directly related to the chain of custody. If it has been tampered with, it is not reliable. be in the same condition as it was founded, in the court. define chain of custody - Answer-chronological documentation of evidence, from the moment seized to when it is presented in court. best practices for chain of custody shows 5 things... - Answer-1. date/time/location where it was seized 2. name of officer who seized it 3. all dates/times when evidence was transferred/to who 4. names of all people in contact 5. full description of evidence for positive ID Define relevance (2) - Answer-evidence is relevant if ... 1 - it has a tendency to make a fact more or less probable than it would be without the evidence 2 - the fact is of importance in determining the action. (person A sold person B a firearm w/ no S Number. the firearm used in the robbery. court just needs to know that person A knew it was defaced, not that he defaced it) Criminal Intent - Answer-for an act to be criminal, it must be committed with a criminal mind, called intent. what do most crimes require? - Answer-general intent. General Intent - Answer-offender "knowingly" acts but does not necessarily desire the results of the act. it only requires offenders to have the intent to commit the act resulting in crime. (OUI) Does general intent require offenders to know they are breaking the law? - Answer-No Specific Intent - Answer-the offender has a purposeful state of mind to accomplish the precise criminal act. (breaking into a house to steal a ring - specific purpose was to break into the house) Transferred Intent - Answer-exists when an offender intends to harm one person but ends up harming another. (King goes to shoot Sharkey, but misses and hits Wade) Knowingly in regards to intent - Answer-with knowledge, intelligently, intentionally. he acts with awareness of the nature of his conduct Accident in regards to Intent - Answer-unexpected happening that occurs without intention or design on suspects part. Malice in regards to Intent - Answer-state of mind of cruelty, hostility or revenge Negligent in regards to Intent - Answer-an idiot failure to use a degree of care in which a reasonably prudent person would use under the circumstances, by doing something a reasonably prudent person would do under the same circumstances, or would not do under the same circumstances Define reckless in regards to Intent - Answer-an a--hole if they know or should have known that their actions would cause substantial harm, but took the risk and did so anyway Wanton in regards to Intent - Answer-conduct the suspect knew would create a risk of substantial damage or destruction to another person's property. or conduct that a reasonable person would have realized posed a risk of substantial damage or destrcution of another's property