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Criminal Law > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Direct Evidence

A

(Most Powerful)

Straight Forward (Videos, Witness)

Personal knowledge or observation

Proves fact without inference or presumption

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2
Q

Physical Evidence

A

Anything you can pick up at the scene

Tangible may be direct or circumstances

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3
Q

Circumstantial Evidence

A

Easily inferred evidence

times, locations

don’t necessarily see

Where were you at this time?

*testimony not based on personal knowledge or observation of the facts in controversy but based on other facts it can be proved

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4
Q

Spontaneous Utterance

A

Something that just happened or is currently happening

911 calls they say something is happening “ Right Now”

  • heat of the moment
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5
Q

Testimonial Evidence

A

Statements made directly to police

Written Statements

Interview Interrorgation recordings

May be direct or circumstantial

Statements made by victims, witnesses suspects or police

personal observations/Knowledge (direct evidence) or may involve the communication of information for which one may infer facts

Spontaneous utterance - heat of moment or immediately after

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6
Q

Exculpatory Evidence

A

Must show evidence that could exonerate defendent

Ex. Document witnesses that do not want to cooperate

Ex. Not showing a video because it shows self defiance

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7
Q

Direct Testimonial Evidence

A

Victim, suspect or witness makes statements about what they saw heard or felt “First Hand” using his/her own senses

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8
Q

Circumstantial Testimonial Evidence

A

Suggest other facts from which reasonable inferences can be drawn

If mail is at the house one can reasonably infer that the mailman was there

need people to testify

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9
Q

Relevance

A

Any tendency to make a fact more or less probable then it would be without evidence

The fact is of consequence in determining the action

Logical connection between evidence and fact its trying to prove

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10
Q

Reliability

A

The value of physical evidence is directly related to a reliable chain of custody

Physical evidence that has been tampered with is not reliable

Ex. Weather conditions - did the person actually see it. Must be credible

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11
Q

Criminal Intent

A

For an act to be criminal it must be done with a criminal mind

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12
Q

General Intent

A

Offender knowingly acts

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13
Q

Defacement of Property

A

Suspect painted, marked scratched, etches, injured, f]defaced or destroyed property

Intentionally

Either willfully with malice or wanton (reckless)

Property owned or possessed by someone else

3x the price of what’s damage

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14
Q

trespassing

A

Right of Arrest :Presence or Warrant

without right the suspect entered or remained in a dwelling house in a building, boat, or on improved or enclosed land

Suspects was forbidden to enter or remain there by the person in lawful control of the premises, either directly or by means of posted notice

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15
Q

Conspiracy

A

Agreement bewtween two or more people to do something unlawful

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16
Q

Motive

A

Motive not essential to prove a crime was committed

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17
Q

Types of Intent

A

Accident

Knowlingy

Malice

Negligent - less than reckless

Reckless - careless/ dangerous

Wanton

Willfull

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18
Q

2 Crime Classification

A

Felony - Crime punishable by confinement in state or death

Misdemeanor - Do not allow for the option of confinement in the state prison

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19
Q

Status of Limitations

A

Requires criminal charges to be filed within a specific number of years from the original date of offense

most crimes in MA are 6 years

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20
Q

Statues of limitation Tolled

A

Pressing the pause button on timeline

Suspect living outside, MA-any period during where the suspect is not usually a resident within Commonwealth

Age of victim - for certain sexual assault crimes time doesn’t start until the victim turns 16 or violation is reported to law enforcement

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21
Q

Responsible Parties

A

Principals- Person who actually commits crime

Aider or abettor - knowingly or intentionally participated in some meaningful way in the commission of the offense alone or with others

22
Q

Accessory before the fact

A

Crime committing

  1. encourge
  2. procure
  3. help
23
Q

Accessory after the fact

A

Someone who helps you get away with it

can’t be a blood relative

24
Q

Assault & Battery

A

Attempted battery or threat of battery

immeditly threaten battery

P.O.A (Powers of Arrest) if in officers POV

25
Q

A & B against specific people / aggravated assault and battery

A

Felony

26
Q

Robbery

A

A larceny from a person by force and violence or by assault and putting in fear

depriving of something

Armed robbery with a weapon

27
Q

Difference between larceny of a person and robbery

A

Robbery - “takes money or property while victim has a protective concern”

Fear

would a reasonable person be in fear

Larceny from person Ex. Pickpocket

28
Q

Criminal Harrassment

A

Enough to cause person significant distress

Some kind of relationship between defendant and victim

29
Q

Stalking

A
  1. Knowlingly over a period of time
  2. reasonable person would be in emotional stress
  3. caused person to be alarmed or annoyed
  4. Suspect took the action willingly and maliciously
  5. Fear or death or bodily injury

Difference is the threat with criminal harrassment

30
Q

Annoying or Obsene Communication

A

Telephone calls/ Obscene communication

  1. Contacted victim more than 3 times
  2. Suspect used indecent or obscene language

Court must prove that caller is the suspect

31
Q

Threats to commit crime

A
  1. Expressed on intent to injure a person or property of another now or in the future
  2. intended threat conveyed to victim
  3. Injury that was threatened would constitute a crime
  4. Threat under circumstances that the actions could realistically take place warrant

209a allows an arrest because of abuse act

32
Q

Larceny rights of arrest

A

Stealing of property from someone

Felony if property is a firearm or more than

warrantless in presence if property is less than 1200

warrentless with probable cause if value is over 250 and victim is over 60 or a person with disabilities

33
Q

Identify fraud by posing as another

A
  1. Posed as another person
  2. doing so without that person express authorization
  3. Used that person’s identifying information

*to obtain goods

* to harass another person

  1. Did so with the intent to defraud

warrentless with probable cause

34
Q

Identity fraud How long does officer have to provide incident report

A

24 hours

35
Q

Organized felony shoplifting

A
  1. 2 or more people
  2. within 6 months
  3. more than 2,500

aggravted if more than 10,000

36
Q

Shoplifting

A
  1. Intentionally took retort merchandise

arrestable with probable cause

probable cause if merchant says it

if cost is More than $250 police can charge for larceny

warrentless with probable cause

37
Q

Receiving Stolen Property right of arrest

A

Misdemeanors if less than $1200 Or first offence

Felony if more than $1200 or second offence

Warrentless with Probable cause if value exceeds $250

38
Q

Breaking (constructive breaking)

A

Exerting force to remove an obstruction and gaining entry

open window doctrine anywhere you shouldn’t be normally going through

entering under false pretenses

39
Q

Breaking & Entering

5 key elements

A

A. Breaking

B. Entering

C. Premises

D. Nighttime

E. Intent

Intent to commit misdemeanor

Intent to commit Felony

40
Q

Nighttime

A

Begins 1 hour after sunset and ends 1 hour before sunrise the next day

41
Q

Difference between B & E and Burglary

A

Burglary - Dwelling only

B & E basically anything

42
Q

Home Invasion

A

A. Enters with a dangerous weapon

B. Knowing one or more people are inside or doesn’t but stays once they findout

C. uses or threatens the imminent use of force inside on people inside

*not arming themselves while inside

Felony

43
Q

Wanton

A

Reckless

44
Q

Resisting arrest not if

A

Not resisting if the person does not know its a cop

person runs away doesn’t count

has to be a threat to officer or someone else

yelling doesn’t count

post arrest + does not count

45
Q

Disorderly Conduct

A

Fighting or Threatening

violent behavior or tumultuous behavior

created hazardous situation

or private like fair grounds

Riotess commotion that incites bad intentions

46
Q

Firearm

A

Stung in or pistol

47
Q

Difference between shotgun or rifle

A

Shotgun. 18’ barrel length

Rifle. 16’’ barrel length

Firearms barrel is less than 16’’

48
Q

Firearm Posession 4 elements

A
  1. Must prove that the person had some kind of control
  2. Suspect posed items
  3. Item is a firearm
  4. Suspect did not have valid firearm is or does not qualify for one of the exemptions
49
Q

Large Capacity Firearm

A

Firearm, Rifle or shotgun

  1. semiautomatic with fixed large capacity feeding device or..
  2. capable of receiving any detachable large capacity feeding device or
  3. Employs a rotating cylinder capable of accepting more than 10 rounds of ammo in rifle or firearm and more than 5 shotgun shells in shotgun or firearm
  • assault weapon
50
Q

Probable cause when to release

A

No longer than 12 hours

or when the person’s no longer incapacitated

Criminal Law (1 decks)

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