MPTC Criminal Law Exam

MPTC Criminal Law Exam Threat to commit a crime Elements: -Communicate -Crime -Reasonable fear Right of arrest: Complaint only Sources of Criminal Law Statutes Common law Regulations Six Kinds of Intent Specific Intent Malicious General Intent Reckless Negligent Strict Liability Three Rights of Arrest Arrest Warrant Warrantless Arrest Complaint Application Three ways an officer can arrest on misdemeanor Statute Past Statute Present Breach & Present Statute of limitations for murder No limit Statute of limitations for child sexual offenses 27 years, or no limit if independent evidence is found that corroborates victim's story Statute of limitations for adult sexual offenses 15 years Statute of limitations for robbery & incest 10 years Most other offenses 6 years Statute of limitations if victim was under 16 at time of crime Period does not begin until victim reaches age of 16, or violation is reported to LE, whichever happens first Statute of limitations for prostitution 1 year Accomplice Elements: -Intentional Participation -Criminal Mindset Right of arrest: depends on crime Penalty: -Exactly the same as principal Accessory after the fact Elements: -Knowledge of felony -Assist -Felon -Intent to avoid arrest Right of Arrest: Felony Attempt to commit a crime Elements: -Specific Intent -Overt Act -Failure Right of Arrest: -felony if attempt is felony punishable by at least 5 years -complaint if attempt is felony punishable by less than 5 years or any misdemeanor -warrantless arrest in presence if attempt involves any larceny Conspiracy Element: -agreement between two or more people to do something unlawful Right of Arrest: -if conspiring to commit felony: felony -if conspiring to commit misdemeanor: complaint Solicitation of a felony Elements: -solicit -intent Right of arrest: -never been decided, get a warrant Extortion Elements: -Communication -Suspect maliciously intended to accuse another of a crime, injure the person or property of another, or use power invested in suspect against another -Intent to get something Right of arrest: felony Assault Elements: -Attempted Battery, or -Threatened Battery Right of Arrest: arrest for breach in presence, complaint if not Assault by Dangerous Weapon Elements: -Assault -Dangerous weapon Right of arrest: felony Assault and Battery Elements: Intentional -Intentionally touched -Without having the right -Cause physical harm or person did not consent Reckless -Suspect engaged in reckless conduct -Caused bodily harm to another Right of arrest: -arrest for breach in present, complaint if not -certain factors make it a felony A&B by Dangerous Weapon Elements: -A&B -Dangerous weapon Right of arrest: felony Mayhem Elements: Specific Acts -Suspect maliciously intended to maim or disfigure, and committed cutting out or maimed the tongue; put or destroyed an eye; cut or tore off an ear; cut, slit or mutilated the nose or lip; or cut off or disabled a limb or member of the victim Dangerous substance or weapon -Suspect maliciously intended to maim or disfigure, and assaulted the victim with dangerous weapon or substance, and disfigured, crippled, or inflicted serious or permanent physical injury Privy -suspect was privy to someone else's intent to maim Right of arrest: felony A&B on a Public Employee Elements: -A&B -Public Employee -Duty Right of Arrest: -Arrest for breach in presence, complaint if not -Felony if attempt to disarm police officer Interfering with a Police Officer Elements: -Intimidate, hinder, or interrupt -Police officer -Duty Right of arrest: arrest for breach in presence Neglect or refusal to assist officer Elements: -Person required by police -Neglected or refused assistance Right of arrest: -Arrest for breach in presence, complaint if not Resisting Arrest Elements: -Prevent or attempt -Police officer -Arrest -Force, threat, or risk of injury. Right of arrest: -officer is already making an arrest, considered a breach Right to know grounds for arrest Elements: -An officer arrested a person and refused to tell reason for arrest, answered untruthfully, or neglected to exhibit warrant Right of arrest: complaint False arrest Elements: -pretended to have legal process or pretended to have different legal process Right of arrest: complaint False name or SSN following arrest Elements: -Knowingly -False name or SSN -Police -Post-arrest Right of arrest: not applicable Note: must prove use of false name Escape from police lockup Elements: -suspect was lawfully placed into custody of a jail and escaped Right of arrest: arrest for breach in presence, complaint if not Aiding prisoner in police custody Elements: -Suspect aided or assisted in escaping or attempting to escape from lawful custody Right of arrest: arrest for breach in presence, complaint if not Second Degree Murder Elements: -Suspect committed an unlawful killing -With malice Right of arrest: felony First Degree Murder Elements: -Suspect committed an unlawful killing -With malice -Aggravating factor of deliberate premeditation, extreme atrocity or cruelty, or commission or attempted commission of a crime punishable by life Right of arrest: felony First degree felony murder Elements: -Same as first degree murder without intent or malice....usually during the commission of inherently dangerous crime Right of arrest: felony Second Degree felony murder Elements: -Homicide doing the commission of a felony that is not punishable by life