65-25 Exam 1 Flashcards
Civil law
Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.
Mens reus
The mental state (intent) of the offender.
Common Law
A legal system based on custom and court rulings. Common law is also known as case law.
Every criminal offense is composed of…….
Elements
Elements include actions, motive, & outcome.
A “lesser included offense” is…….
An offense whose elements are a subset of the elements of the charged offense.
Example: Assault is a lesser included offense of A&B
Example: Larceny from the person is a lesser included offense of robbery.
Spontaneous utterances
Out-of-court statements uttered during the heat of the moment while under the stress or excitement of the event.
Which two (2) courts impact lawful police action in Massachusetts?
- The Massachusetts Appeals Court
- Supreme Judicial Court
General intent
Most crimes are general intent crimes. The defendant acted “intentionally” or “knowingly”
The statute of limitations for most crimes in Massachusetts is….
6 years.
Important ones to know
Murder: no time limit
**Certain child sex offenses: **No limitation but require corroborating evidence after 27 years
Robbery: 10 years
Accessory after the fact
Suspect knows that the principal committed a felony and aids principal to avoid apprehension or punishment.
Eric knows Tim did a robbery. He lets Tim park the car in his garage.
Statutes
Written laws enacted by legislatures that define specific, prohibited conduct
True or False: A misdemeanor is an offense punishable by a state prison sentence?
False
A misdemeanor is NOT PUNISHABLE by a state prison sentence.
These are the three ways to charge a suspect with a crime. Think keyword WAC
**(W)arrant **- Issued by a judge or clerk magistrate
(A) rrest
(C)omplaint
Reckless intent
The defendant’s behavior consciously disregards the potential risk of harm to another
MGL Chapter 138
Alcohol crimes
MGL Chapter 272
Laws concerning public order
MGL Chapter 209A
Domestic violence laws
Malicious intent
The offender intentionally commits an act with a purpose or objective.
Rights of arrest for misdemeanors
*In presence, breach of the peace
In presence, statutory
Probable cause, statutory
Felony
Any offense punishable by a state prison sentence, or death.
MGL Chapter 265
Laws concerning crimes against the person
Statutes of limitations
Statutes of limitations require criminal charges be filed within a specific number of years from the original date of an offense. It is like an expiration date on a legal claim.
Criminal law
Body of law that deals with crime and the legal punishment of criminal offenses
Accessory before the fact
The defendant is accused of being an accessory to a felony before the felony was committed.
Dan gave a gun for Jon to rob a store. He hired Tim to drive the car.
In Massachusetts, statutes are gathered in…..
Massachusetts General Laws (MGL’s).
MGL’s 269 and 140
Laws concerning firearms and weapons
MGL 94C
Drug and narcotic crimes
MGL Chapter 266
Laws concerning property crimes
Actus reus
The act of the crime itself
