CM LAW Flashcards
Direct Evidence
Evidence based on personal knowledge or observations.
Direct Evidence, if true, proves a fact without the need for
inferences or presumptions.
Circumstantial
Evidence based on inference and not on personal knowledge or
observation.
Physical
Tangible, capable of being perceived especially by sense of touch) and
may be direct or circumstantial.
Objects
Property
Items seized.
Testimonial
Includes statements made by victims, witnesses, suspects, or police.
Statements that consist of personal observations/knowledge
(which be direct evidence) or may involve the communication of
information from which one may infer (conclude) facts (which
would be circumstantial evidence).
Relevance
For evidence to be admissible in court it must be relevant.
o Evidence that has any tendency to make a fact more or less probable that
it would be without the evidence.
o The fact is of consequence is determining the action.
Reliability
The value of physical evidence is directly related to a reliable chain of custody.
o Physical evidence that has been pampered with is not reliable.
o Evidence that is presented in court must substantially be in the same
condition as when it was originally seized by the police.
Chain of Custody
The meticulous and chronological documentation from the moment it is
seized to its presentation in court.
Accident
An unexpected happening that occurs without intention or design on
the suspect’s part.
Knowingly
The suspect engaged in prohibited conduct with the knowledge that the
social harm that the law was designed to prevent was practically certain
to result; deliberately.
Malice
State of mind of cruelty, hostility or revenge
Negligent
The failure to use the degree of care which a reasonable prudent person
would use under the circumstances, either by doing something that a
reasonable person would not do, or by failing to do something that a
reasonable prudent person would do under similar circumstances.
Reckless
A person is reckless if they knew or should have known, that such
actions were highly likely to cause substantial harm to someone but ran
the risk and went ahead anyway.
Wanton
Conduct in wanton if the actor knew it would create a risk of
substantial damage or destruction to another’s property, or a
reasonable person, knowing what the actor knew, would have realized
the act posed a risk of substantial damage to or destruction of another
property.
Willful
o Voluntary and intentional, but necessarily malicious.
A voluntary act becomes willful, in law, only when it involves
conscious wrong or evil purpose on the part of the actor, or at
least inexcusable carelessness, whether the act is right or wrong.
Felony
Any crime punishable by imprisonment in a state prison or death
Misdemeanor
Any crime that does not allow Punishment in state Prison
Statute of Limitations and Exceptions
6 Years
Rape-15 years
Armed Robbery-10 years
Murder-No time limit
Who can be held responsible for a crime
Responsibility is not limited to the person who commits the crime.
o People who willingly participate in the planning and execution of the
crime or interfere with the offender’s apprehension after the fact may
also be charged.
Attempted Battery
A suspect intended to commit a battery (a harmful or
unpermitted battery).
The victim does not need to be afraid.
Took some overt action.
Came reasonably close to committing a battery.
o Right of Arrest:
In presence
Warrant
Threatened Battery
o Elements
The suspect intended to put the victim in fear of an imminent
battery (a harmful or unpermitted touching)
Engaged in some conduct toward the victim.
The victim reasonably perceived that conduct as imminently
Threatening a battery.
o Right of Arrest
In presence
Intentional A+B
The suspect touched another person;
o The suspect intended to touch another person;
o The touching was either likely to cause bodily harm;
or was offensive (done without consent).
o Right of Arrest:
In presence
Warrant
Reckless A+B
o The suspect intentionally engaged in actions which
caused bodily injury to another.
o The actions amounted to reckless conduct.
o Right of Arrest:
In Presence
Warrant
A+B by Dangerous Weapon
Elements
The suspect touched another person;
The suspect intended to touch another person;
The touching was done with a dangerous weapon.
o Right of Arrest
Felony
Reckless A+B by Dangerous weapon
Elements
The suspect engaged in actions that caused bodily injury to the
victim,
The bodily injury was done with a dangerous weapon, and
The suspect’s actions amounted to reckless conduct.
o Right of Arrest
Felony
