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65-25 > 65-25 Level 1 Prep (Intro Concepts and Crimes v Person) > Flashcards

65-25 Level 1 Prep (Intro Concepts and Crimes v Person) Flashcards

1
Q

Statutes

A

written laws enacted by legislatures that define specific, prohibited conduct

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2
Q

Common Law

A

A legal system based on custom and court rulings

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3
Q

Common Law is also referred to as?

A

Case Law

Unwritten laws based on legal precedents established by the courts.

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4
Q

In Massachusetts, statutes are gathered in…..

A

Massachusetts General Laws (MGL’s).

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5
Q

In Massachusetts, the collection of statutes are known as?

A

Massachusetts General Laws (MGLs)

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6
Q

MGL Chapter 209A

A

Domestic violence laws

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7
Q

MGL Chapter 265

A

Laws concerning crimes against the person

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8
Q

MGL Chapter 266

A

Laws concerning property crimes

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9
Q

MGL Chapter 272

A

Laws concerning public order

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10
Q

MGL’s 269 and 140

A

Laws concerning firearms and weapons

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11
Q

MGL 94C

A

Drug and narcotic crimes

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12
Q

MGL Chapter 138

A

Alcohol crimes

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13
Q

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

A
  1. The Massachusetts Appeals Court
  2. Supreme Judicial Court
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14
Q

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

A

False

NOT PUNISHABLE by a state prison sentence.

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15
Q

Every criminal offense is composed of…….

A

Elements

Elements include actions, motive, & outcome.

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16
Q

A felony is defined as an offense…….

A

Punishable by a state prison sentence, or death

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17
Q

What kind of offense is punishable by a state prison sentence or death?

A

Felony

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18
Q

A misdemeanor is an offense….

A

NOT PUNISHABLE by a state prison sentence.

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19
Q

Statutes of limitations

A

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.

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20
Q

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

A

6 years

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21
Q

A “lesser included offense” is…….

A

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.

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22
Q

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

A

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

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23
Q

Rights of arrest for misdemeanors

A

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

Misdemeanor, probable cause

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24
Q

Definition of “breach of the peace”

A

Conduct that poses immediate or potential harm to a person or the general public.

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25
Q

Definition of “in presence”

A

An offense committed within the presence of an officer…when he has direct personal knowledge, through his sight, hearing, or other senses that it is then and there being committed.

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26
Q

Actus reus

A

The act of the crime itself

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27
Q

Mens reus

A

The mental state (intent) of the offender.

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28
Q

Principal

A

Actual perpetrator of the crime

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29
Q

Accomplice (also known as “aider” or “abettor”)

A

Must intentionally and meaningfully participate in the crime while having the criminal intent necessary to commit the particular crime. Joint venture

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30
Q

Right of arrest for all felonies

A

All felonies are arrestable, either on probable cause or in presence

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31
Q

Maximum possible sentence to State Prison?

A

Life sentence

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32
Q

Strict liability intent

A

Offender’s intent is irrelevant.

Example: Statutory rape

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33
Q

Accessory before the fact

A

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.

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34
Q

Accessory after the fact

A

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.

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35
Q

What’s the right of arrest for threat to commit a crime?

A

Complaint only

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36
Q

What’s the right of arrest for assault?

A

Breach of peace, in presence (M)

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37
Q

Name the crime and its right of arrest

A victim reported that around 12:00 AM, he was “jumped” on Main St. by four suspects (2 BMs, 1 WM, 1 AF, teenagers) as he was walking home after buying pizza from Papa Gino’s. He stated one of the suspects brandished a screwdriver and took the victim’s iPhone 13, wallet, and credit card.

A

Armed robbery. It’s a felony

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38
Q

**Name the crime and its right of arrest

The victim stated that the male’s name is Bill. The victim stated that “Bill” comes in the store all the time, and on today’s date he was speaking loudly at the customers and employees. The victim stated that his behavior has been getting worse and that Bill stated he was “going to shoot everyone here” today. What crime has Bill committed and what is its right of arrest?

A

Threat to commit a crime. Right of arrest is complaint only.

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39
Q

Name the crime and its right of arrest

The victim (age 61) stated the suspect smacked her across the face.

A

Assault and battery on an elder. It is a felony

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40
Q

The two types of dangerous weapons are?

A

Per se and dangerous use

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41
Q

Give one example of a per se dangerous weapon

A

Any of the following seventeen: brass knuckles, blackjack, blowgun, slungshot, stiletto, dagger, ballistic knife, dirk knife, double edged knife, switch knife, nunchaku, shuriken, cestus, zoobow, manrikigusari, leather armband with metal spikes, or a case which enables a knife to be drawn in a locked position

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42
Q

The most common example of an assault and battery is….

A

a hit or a push.

43
Q

SBI

What is the definition of serious bodily injury?

A

It is defined as “bodily injury that results in: (a) a permanent disfigurement; (b) loss or impairment of a bodily function, limb, or organ; or (c) a substantial risk of death.”

44
Q

With serious bodily injury, does a scar count as a “disfigurement”?

A

YES!

45
Q

TRUE or FALSE?

With assault and battery by means of a dangerous weapon, the weapon must come into contact with the victim.

A

True

46
Q

A “child” when speaking of assault and battery

A “child” victim, when speaking of the crime of assault and battery, is what age?

A

Under age 14

47
Q

Remember! S has to have specific intent to commit a separate felony

Entry. The suspect entered a dwelling;
Armed. While armed; and
Assault. Committed an assault on someone in the dwelling; and
Intend felony. Had the specific intent, accompanying the assault, to commit a separate felony.

A

Armed assault in a dwelling house

48
Q

Scenario of armed assault in a dwelling house

Notice in the following example the S entered a dwelling, while armed, assaulted someone, and had a specific intent to commit a separate felony.

A

Two victims ran in a bedroom and held door shut after suspects smashed door with baseball bat. Suspects then forced their way into room, threatened victims, and stole pills from the victims.

Mandatory minimum of 5 years

49
Q

“Caller states he was trying to fire an employee. States employee became irate and threw a punch at the caller. The punch did not land. Suspect then fled on foot.”

A

Crime? Assault
M/F? Misdemeanor
ROA? No right of arrest
Why/ why not on arrest? It did not happen in your presence

50
Q

What is the right of arrest for assault and battery on a pregnant woman?

A

Felony

51
Q

For the crime of parental or relative kidnapping, what is a “child” defined as?

A

Under age 18

52
Q

In what two situations does Parental or Relative Kidnapping become a felony?

A

a. if the child under 18 is exposed to danger OR removed from the Commonwealth.
b. the incompetent or other person (“entrusted by authority of law to the custody of another person or institution”) was exposed to danger.

53
Q

Most common example of parental or relative kidnapping

Child under 18 and relative, without lawful authority, held or intended to hold the child permanently or for a protracted period of time; or
took or enticed the child from his or her lawful custodian.

A

The right of arrest for this is breach of peace, in presence (M)

54
Q

What is the “tender years doctrine”?

A

Young children should not accompany a stranger without the explicit knowledge of their parent or guardian. Here, the victim is under 14 years old

55
Q

Kidnapping and confinement

The most common kidnap occurs when…..

A

a suspect forcibly or secretly confines another person against his will.

56
Q

What are the two types of accessories?

A
  1. Accessory before the fact
  2. Accessory after the fact
57
Q

Stalking and criminal harassment are identical charges, except stalking involves a ……………………..

A

threat

58
Q

What is the right of arrest for criminal harassment?

A

It’s a misdemeanor with an arrest on probable cause.

59
Q

Identify the crime

The defendant has the intent to steal a motor vehicle and does one of the following:
assaults,
confines,
maims or,
puts any person in fear
For the purpose of stealing a motor vehicle.

A

Carjacking

60
Q

Breaking

A

Physically engaging in any act designed to enter

61
Q

Entry

A

The unlawful making of one’s way into a building or vehicle

62
Q

Armed assault with intent to rob or murder

A

Elements
Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.

**ROA ** Felony

63
Q

TRUE or FALSE??

All B&E’s are felonies.

A

FALSE! B&E with intent to commit a misdemenaor is a misdemeanor, arrestable in presence, breach of the peace.

64
Q

Four elements of burglary, in order?

A

Breaking
Entering
Dwelling
Nighttime

65
Q

A dwelling is a ……

A

place where people live.

66
Q

True or false?
Larceny from a building is only a felony if the property stole is worth over $1200.

A

False. It is a felony, regardless of the property’s value.

67
Q

What age is required to be an “elder” when speaking of assault and battery on an elder?

A

60 and older

68
Q

Unarmed assault with intent to rob or steal

A

Whoever:
Not being armed with a dangerous weapon;
**Assaults another with force and violence;
With intent to rob or steal.

ROA Felony

This charge is used for the S who assaults a V with intent to rob or steal, but does not complete the crime.

69
Q

What are the 3 main elements of attempt to commit a crime?

A
  1. Specific intent
  2. Overt act
  3. Fail to complete
70
Q

Possession of a burglarious tool

A

Knowingly possess. The suspect made, mended, or knowingly possessed;
Tool. A tool, machine, or motor vehicle master key;
**Designed to break depository. **
Designed to cut through or break open a building, room, vault, motor vehicle, or other depository; and
Intent to break and commit crime. Which the suspect possessed with the intent to break into a depository-or to allow someone else to-for the purpose of stealing or committing any other crime.

Right of arrest Felony

NOTES
Tool must be man-made

71
Q

Larceny is another word for….

A

stealing.

72
Q

The rights of arrest for larceny

A

If the suspect steals property valued in excess of $250: Warrantless arrest on PC (misdemeanor)

If the value of property stolen was valued at over $1200, or a firearm, or trade secret, then it’s a felony.

If the suspect steals property valued at $250 or less: Warrantless arrest in presence (Misdemeanor). Otherwise, complaint.

Any time a police officer witnesses a theft, warrantless statutory arrest powers apply (misdemeanor, in presence).

NOTES
If victim is 60 or older, or disabled, and if value of property is over $250 Felony

If victim is 60 or older and value of property is $250 or less Misdemeanor

73
Q

Basic shoplifting

A

Intentional. The suspect intentionally;
Six prohibited acts. Engaged in one of six prohibited acts:
**Take. **Took, carried away, transferred, or caused to be carried away or transferred; or
Conceal. Concealed upon his person or otherwise; or
Manipulate price tag. Altered, transferred, or removed price tag(s) and attempted to purchase alone or in concert with another for less than the retail value; or
Switch container. Transferred from one container to another container; or
Ring up false price. Recorded less than the actual retail value; or
Remove shopping cart. Removed a cart from premises without merchant’s consent.

Right of arrest (M) arrestable on probable cause

Remember: a merchant or employee’s statement gives you probable cause to arrest. If goods are over $250, you can charge larceny.

74
Q

There is a charge called “shoplifting by asportation.” What does that mean?

A

Asportation means “to take and carry away.”

75
Q

Mayhem

A

The suspect maliciously intended to maim or disfigure; AND
Committed one of the following acts to the victim:

Cut out or maimed the tongue;
Put out 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

ROA Felony

Remember: Specific intent crime!!!

76
Q

Receiving stolen property

A

Stolen or fraudulently obtained. The suspect possessed property that was originally stolen, embezzled, or obtained by fraudulently pretending to be a legitimate business;
Knowledge. The suspect knew that the property was stolen or fraudulently obtained; and
**Possession. **The suspect bought, received, possessed, or aided in its concealment.

Rights of arrest

If value of goods received over $250 or 2nd offense regardless of value: Warrantless arrest on probable cause (M)

If value of goods $250 or less: Complaint and confiscate stolen property (M)

If 2nd or subsequent offense, regardless of value, or the value of the property is more than $1200 (Felony).

77
Q

With receiving stolen property, there are common-sense factors that prove the suspect knew the property was stolen:

A
  1. carrying goods in a suspicious manner
  2. Suspect paid unrealistically low price for the goods
  3. Suspect accepts only cash for goods
  4. Markings (like price tags) indicate true ownership of goods.
  5. Implausible (not believable) explanation for source of goods
  6. Suspect has prior record for similar offenses
  7. Possession of many stolen items
  8. Possession of recently stolen property
  9. Fleeing the scene and discarding items
78
Q

What is the right of arrest for the offense of identity fraud?

A

(M) arrestable on probable cause.

79
Q

Can any part of the body be a dangerous weapon?

A

No

80
Q

Right of arrest for assault or assault and battery with a hypodermic needle

A

Felony

81
Q

What is the right of arrest for an assault and battery committed on a victim with an active restraining order against the defendant?

A

It is a felony

82
Q

What is a “shod foot” and when is it considered a dangerous weapon?

A

A shod foot is a foot with a shoe on it. It is considered a dangerous weapon if it is capable of causing greater injury than an unshod (bare) foot.

83
Q

How does B&E daytime differ from Aggravated B&E daytime?

A

With aggravated B&E daytime, any person lawfully inside is “put in fear.”

84
Q

How does burglary differ from aggravated burglary?

A

Aggravated burglary requires:
An occupant inside the dwelling house during the course of the burglary. AND

Arms himself with a dangerous weapon before going into or while inside the dwelling OR

Assaults a lawful occupant inside.

85
Q

Attempted larceny by check

A

The suspect-with intent to defraud-wrote, cashed, or uttered, any check or order for payment;

To a bank or other financial institution;

With the knowledge that there were insufficient funds.

Right of arrest Complaint only

86
Q

Actual larceny by check

A

The suspect-with intent to defraud-wrote, cashed, or uttered, any check or order for payment;

To a bank or other financial institution;

With the knowledge that there were insufficient funds.

Right of arrest $250 and under…..Complaint
Over $250….(M) arrest on probable cause
$1200 and more……Felony

87
Q

When is shoplifting charged as larceny from a building?

A

Never

88
Q

What is the right of arrest for assault and battery involving strangulation or suffocation?

A

Felony

89
Q

When thinking of burglary, what is the definition of “nighttime”?

A

One hour after sunset and one hour before sunrise the next day

90
Q

Definition of battery

A

Touching a victim in a harmful or unpermitted way

91
Q

Unarmed robbery

A

Force or fear. The suspect by force or fear;

Theft from person. Took money or property from victim or the victim’s immediate control.

Right of arrest
**FELONY **

92
Q

Armed robbery

A

Weapon. The suspect was armed with a dangerous weapon when he;

Force or fear. By force or fear;

Theft from person. Took money or property from the victim or the victim’s immediate control.

Right of arrest: Felony

93
Q

True or false?: In order to charge armed robbery, the suspect has to use a per se dangerous weapon.

A

False. Ordinary items can be a dangerous weapon when considering armed robbery.

94
Q

Larceny from a person

A

The suspect took and carried away;
Money or property which may be the subject of larceny;
From a person or that person’s immediate control;
With the intent to permanently deprive that person.

Right of arrest Felony

Note
“Control” covers areas within victim’s reach, inspection, and observation.

95
Q

Definition of assault

A

The suspect intended to commit a battery, which involved touching the victim in a harmful or unpermitted way; took some overt action; and came reasonably close to committing a battery (a swing and a miss)
OR
The suspect intentionally engaged; in menacing conduct; that caused the victim to fear an imminent battery.

Remember…Verbal threat alone is insufficient. A verbal threat to do harm becomes an assault when accompanied by some outward gesture.

96
Q

A&B public employee

A
  • Assault and Battery
  • On any public employee
  • Person must be engaged in the performance of duty at the time of the assault

Right of arrest (M) Breach of peace, in presence

Note
A felony if the A&B includes an attempt to disarm a police officer in performance of his/her duty

97
Q

Would possessing a fake gun qualify as being armed for robbery?

A

Yes

98
Q

In cases of domestic violence and charging assault or assault and battery on an intimate partner, do you use 265 s 13A or 265 s 13M? And what is meant by intimate partner?

A

You charge 13M. An intimate partner means the victim:
* is or was married to the offender; or
* had a child in common with the offender, regardless of whether they were ever married or lived together; or
* is or was involved in a substantive dating or engagement relationship

99
Q

In cases of domestic violence and charging assault or assault and battery on family and household member, do you use 265 s 13A or 265 s 13M? What is meant by “family and household member”?

A

You charge 13A. “Family and household member” means the victim is or was:
* related by blood or marriage; or
* living with the offender in the same household.

100
Q

Assault and battery to collect a loan

A

Felony

101
Q

Carrying a dangerous weapon

A

Type 1: Per se dangerous weapon

The suspect knowingly carried on his person or under his control in a vehicle;

One of the 17 listed per se dangerous weapons (knives/martial arts/misc)

Type 2: Non per se weapon possessed during arrest

The suspect was arrested:
** on a warrant for an alleged crime; or
** without a warrant for a crime involving a breach of the peace; AND
** at the time of his arrest, the suspect had on his person or under his control in a vehicle;

** a billy club or other dangerous weapon that is not mentioned or otherwise punishable under 269 s 10

Right of arrest Felony

102
Q

Kidnapping

A

Unlawful. Without lawful authority;
Intentional. The suspect intentionally:

Type 1: Forcibly or secretly confined another person against his will; OR

Type 2: Inveigled (lured or enticed by false representations) another person with the intent to forcibly or secretly confine him against his will.

RIGHT OF ARREST: FELONY

Note
“Confine” means to enclose within bounds or restrict. Any restraint of a person’s liberty is confinement.

103
Q

Armed robbery statute of limitations

A

10 years

65-25 (11 decks)

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