65-25 Exam 1 Draft Version

Question 1

Spontaneous utterances

Answer 1

Out-of-court statements uttered during the heat of the moment while under the stress or excitement of the event.

Question 2

Statutes

Answer 2

Written laws enacted by legislatures that define specific, prohibited conduct

Question 3

Common Law

Answer 3

A legal system based on custom and court rulings

Question 4

In Massachusetts, statutes are gathered in…..

Answer 4

Massachusetts General Laws (MGL’s).

Question 5

MGL Chapter 209A

Answer 5

Domestic violence laws

Question 6

MGL Chapter 265

Answer 6

Laws concerning crimes against the person

Question 7

MGL Chapter 266

Answer 7

Laws concerning property crimes

Question 8

MGL Chapter 272

Answer 8

Laws concerning public order

Question 9

MGL’s 269 and 140

Answer 9

Laws concerning firearms and weapons

Question 10

MGL 94C

Answer 10

Drug and narcotic crimes

Question 11

MGL Chapter 138

Answer 11

Alcohol crimes

Question 12

Which two (2) courts impact lawful police action in Massachusetts?

Answer 12

1. The Massachusetts Appeals Court
2. Supreme Judicial Court

Question 13

Every criminal offense is composed of…….

Answer 13

Elements

Elements include actions, motive, & outcome.

Question 14

Common Law is also referred to as?

Answer 14

Case Law

Unwritten laws based on legal precedents established by the courts.

Question 15

True or False: A misdemeanor is an offense punishable by a state prison sentence?

Answer 15

False

A misdemeanor is NOT PUNISHABLE by a state prison sentence.

Question 16

Statutes of limitations

Answer 16

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.

Question 17

The statute of limitations for most crimes in Massachusetts is….

Answer 17

6 years.

Important ones to know
Murder: no time limit
**Certain child sex offenses: **No limitation but require corroborating evidence
Robbery: 10 years

Question 18

A “lesser included offense” is…….

Answer 18

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.

Question 19

Accessory before the fact

Answer 19

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.

Question 20

Accessory after the fact

Answer 20

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.

Question 21

Police officer’s rights of arrest (WAC). These are the three ways to charge a suspect with a crime.

Answer 21

**(W)arrant **- Issued by a judge or clerk magistrate
(A) rrest
(C)omplaint

Question 22

Rights of arrest for misdemeanors

Answer 22

Misdemeanor–In presence, breach of the peace
Misdemeanor, in presence
Misdemeanor, probable cause

Misdemeanor, probable cause

Question 23

Actus reus

Answer 23

The act of the crime itself

Question 24

Mens reus

Answer 24

The mental state (intent) of the offender.

Question 25

Malicious intent

Answer 25

The offender intentionally commits an act with a purpose or objective.

Question 26

Criminal law

Answer 26

Body of law that deals with crime and the legal punishment of criminal offenses

Question 27

Civil law

Answer 27

Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.