CM LAW

Question 1

Direct Evidence

Answer 1

Evidence based on personal knowledge or observations.
 Direct Evidence, if true, proves a fact without the need for
inferences or presumptions.

Question 2

Circumstantial

Answer 2

Evidence based on inference and not on personal knowledge or
observation.

Question 3

Physical

Answer 3

Tangible, capable of being perceived especially by sense of touch) and
may be direct or circumstantial.
 Objects
 Property
 Items seized.

Question 4

Testimonial

Answer 4

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).

Question 5

Relevance

Answer 5

 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.

Question 6

Reliability

Answer 6

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.

Question 7

Chain of Custody

Answer 7

The meticulous and chronological documentation from the moment it is
seized to its presentation in court.

Question 8

Accident

Answer 8

An unexpected happening that occurs without intention or design on
the suspect’s part.

Question 9

Knowingly

Answer 9

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.

Question 10

Malice

Answer 10

State of mind of cruelty, hostility or revenge

Question 11

Negligent

Answer 11

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.

Question 12

Reckless

Answer 12

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.

Question 13

Wanton

Answer 13

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.

Question 14

Willful

Answer 14

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.

Question 15

Felony

Answer 15

Any crime punishable by imprisonment in a state prison or death

Question 16

Misdemeanor

Answer 16

Any crime that does not allow Punishment in state Prison

Question 17

Statute of Limitations and Exceptions

Answer 17

6 Years
Rape-15 years
Armed Robbery-10 years
Murder-No time limit

Question 18

Who can be held responsible for a crime

Answer 18

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.

Question 19

Attempted Battery

Answer 19

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

Question 20

Threatened Battery

Answer 20

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

Question 21

Intentional A+B

Answer 21

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

Question 22

Reckless A+B

Answer 22

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

Question 23

A+B by Dangerous Weapon

Answer 23

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

Question 23

Reckless A+B by Dangerous weapon

Answer 23

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

Question 24

Assault in Dwelling House with Dangerous Weapon

Answer 24

The suspect entered a dwelling that was not their own while
armed with a dangerous weapon.
 The suspect assaulted another person while inside the dwelling;
and
 The assault was committed with the specific intent to commit a
felony.

Question 25

Aggravated A+B

Answer 25

Elements
 An assault and battery is aggravated in three situations:
 It results in serious injury; or
 Is committed upon a person the suspect knows or has
reason to know is pregnant; or
 Is upon someone the suspect knows has an active
restraining order against the suspect.

Question 26

A+B on a Police Officer

Answer 26

Whoever commits an assault and battery upon another
shall be punished.
 Consensual touching can be an assault and battery if it is
physically harmful.
 The victim was a public employee (including police officer)
 The victim knew the victim was a public employee (police
officer)
 The victim was engaged in the performance of their duty at
the time of the alleged incident; and
 The suspect knew that the victim was engaged in the
performance of their duty at the time of the alleged
incident.
Right of Arrest
 In presence
o It becomes a felony if the assault and battery
include an attempt to disarm a police officer in the
performance of their duties.

Question 27

A+B on a Health Care Worker

Answer 27

Elements
 Whoever commits an assault or assault and battery;
 Upon an emergency medical technician, ambulance operator,
ambulance attendant, or as health care provider;
 While he/she is treating or transporting a person in the line of
duty.
o Right of Arrest
 In Presence
 Warrant

Question 28

A+B to collect a loan

Answer 28

Elements
 Whoever commits an assault and battery upon another for the
or purpose of collecting a loan shall be punished.

o Right of Arrest
 Felony

Question 29

Assault with Intent to Maim

Answer 29

The suspect assaulted another with the malicious intent to maim or disfigure,
cuts out or maims the tongue, puts out or destroys an eye, cuts, or tears off an
ear, cuts, slits or mutilates the nose or lip, or cuts off or disables a limb or
member, of another person, or
 The suspect assaulted another with a dangerous weapon and did so with specific
intent to maim or disfigure, cripple, or inflict serious or permanent physical
injury.
 Right of Arrest
o Felony

Question 30

Indecent Assault and Batter on a Person over 14 YOA

Answer 30

Elements
o The suspect committed an assault and battery on another at least 14
YOA.
o The assault and battery was indecent.
o The victim did not commit.
 Right of Arrest
o Felony

Question 31

Indecent A+B Under 14 YOA

Answer 31

Elements
o The victim was not 14 YOA at the time of the incident.
o The suspect committed an assault and battery on a child
o The assault and battery was indecent.

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o The perpetrator was a mandated reporter; or
o When the act is committed during an attempted or actual commission of
the following crimes:
 Burglary, MGL c. 266 §14-15
 Home Invasion, MGL c. 265 §18C
 Breaking and Entering, or Entering Without Breaking, or Breaking
and Entering into a Dwelling House, MGL c. 266 §16-18.
 Kidnapping, MGL c. 265 §26
 Robbery, MGL c. 265 §17
 Assault with a Dangerous Weapon, MGL c. 265 §15A
 Assault and Battery Dangerous Weapon, MGL C. 265 §15B
 Posing a Child in a State of Nudity or Sexual Conduct, MGL c. 272
§29A
 Right of Arrest
o Felony

Question 32

Armed Robbery

Answer 32

Elements
o The suspect took and carried away property;
o The property was owned or possessed by someone other than the
suspect;

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o The suspect took the property from someone who owned or possessed or
from such person’s area of control or possession;
o The suspect did so with the intent to deprive that person from the
property permanently;
o By force or violence or by assault and putting in fear; and
o The suspect did so while armed with a dangerous weapon.
 Right of Arrest
o Felony
 Enhanced Penalties if:
o The suspect is masked, disguised, or has their features artificially
distorted or
o The suspect is armed with a firearm, shotgun, rifle, machine gun, or
assault weapon.