MPTC CRIMINAL LAW | THE SMART WAY TO PASS |
REAL TESTS, REAL RESULTS!
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.
APPHIA – Crafted with Care and Precision for Academic Excellence.
1
, 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)
APPHIA – Crafted with Care and Precision for Academic Excellence.
2
REAL TESTS, REAL RESULTS!
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.
APPHIA – Crafted with Care and Precision for Academic Excellence.
1
, 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)
APPHIA – Crafted with Care and Precision for Academic Excellence.
2
