Criminal Law MPTC

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 indirectly the facts sought to be proved. Physical Evidence Is tangible items or materials that you can touch that are found at the crime scenes or during a search. Testimonial Evidence 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 Evidence Helpful to the defense Reliable The value of physical evidence is directly related to a reliable chain of custody. How honest and real things are. Intent 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 Relevant 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 When the offender knowingly acts but does not necessary desire the consequences of the act. Specific Intent When the offender has a purposeful state of mundane to accomplish the precise criminal act Transferred Intent 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 An unexpected happening that occurs without intention or design on the suspects part. Knowingly With knowledge; consciously: intelligently; willfully; intentionally. Acts with awareness of the nature of his conduct.