Sources Of Criminal Law Flashcards
CHAPTER 1
In order to understand criminal law, the Massachusetts Officer needs to know it’s sources. The two major sources of criminal law are what?
Statutes and Common Law.
What is the third source of criminal law?
Regulations.
What are statutes?
They are laws passed by the legislature that define specific prohibited conduct.
- they are gathered in volumes known as the Mass General Laws
Where are statutes gathered?
Statutes are gathered in volumes known as Massachusetts general law.
How is each statue designated?
By the number of the volume and the section where it appears.
For example Mass general laws chapter 265 section 1.
What is common law?
Common law is a term that refers to the large body of decisions that judges have written to explain aspects of criminal law.
What is the definition of common law?
Laws that define, interpret, and apply language that appears in the statutes.
The decisions of what two courts do Mass. Officers need to be concerned with?
Two Appellate Courts that make decisions for Mass are:
1) The Mass. Appeals Court
2) The Supreme Judicial Court.
What do to appellate courts do with their published decisions?
These two appellate courts publish their decisions in a series of volumes. To find the text of a particular judicial decision officers needs to understand the reference system.
How do the massachusetts courts reference thier decisions?
In a series of volumes of the Mass general law. They do this in the following way:
Example:
Comm vs. Slaney, Mass. 135 (1962)
1) indicates the name of the case
2) the number of volume where case is located
3) the specific court (Mass. stands for the Massachusetts Supreme Judicial Court)
4) the page it’s found
5) the year the courts issued the decision
What is an example of the reference that is applied to cases decided by the appeals court?
Example: Comm. vs Joyce, 18 Mass. App. Ct. 417(1984).
This refers to a Mass. Appeals Court decision issued in 1984, Comm vs Joyce found in volume 18, beginning on page 417.
What is another type of appeals court decision and what does it look like?
Comm. vs Mckoewen, 2012, WL 2308125 (Appeals Court)
These opinions are less publicized but often deal with important police issues. They are obtained on the Internet. Here the defendant is Mckoewen, there is a year of the decision, which is followed by the specific reference WL stands for West Law. The number is the store document number for the case.
What are regulations?
The third source of criminal law that is issued by Legislature.
What does legislature pass laws in the form of?
Statutes.
What are regulations designed to explain and further define?
How an agency will carry out a law passed by the legislature
What are two well-known agencies that issue Regulations?
The Alcoholic Beverages Control Commission (ABCC) and The Registry of motor vehicles (RMV).
What document is the text of the ABCC regulation found in?
Document known as the Code of Massachusetts Regulation (CMR)
What’s an example of the chapter and section that officers can find Code Massachusetts regulations?
Example: 204 CMR 4.00
1) Chapter 204
2) Of Code of Massachusetts Regulations
3) Section 4.00
What can officers use the criminal law book to understand?
Use this book to understand their legal options and responsibilities.
What is every criminal offense composed of?
Elements
What does each element of every criminal offense represent?
Represents an essential component of the particular offense.
When breaking down each crime how is it written?
It will list out the elements or components that make up each crime and explains them. The suspects action must incorporate all elements to constitute a violation.
By understanding the elements how can this help officers?
By understanding the elements that make up the various offenses officers can assess whether a person’s contact is lawful
What is intent?
Intent is the state of mind of a suspect. It is an important consideration and element of a crime.
How is intent an important consideration?
There are different kinds of intent that apply to different kinds of offenses but criminal thought (known as mens rea) is required for all criminal offenses with the exception of certain minor charges.
How is intent proven?
It can’t be proven directly because there’s no way of reaching into the human mind, however officers may determine the suspects intent from his statements, prior actions or background, and his conduct during the incident.
How many kinds of intent are recognized by law?
There are six kinds of intent recognized by law.
What are the six kinds of intent recognized by law?
1) Specific,
2) malicious,
3) general,
4) reckless,
5) negligent and
6) strict liability
What is specific intent
Exists when the offender has a purpose or objective.
What is malicious intent
When the offender acts on purpose.
What is general intent?
The defendant acted intentionally or knowingly even though the defendant may not have fully conceived of a purpose for his conduct.
Is it necessary that the defendant knew he was breaking the law But he intended to act that resulted in the offense?
No he doesn’t have to know he was breaking the law he was just had to do the act that resulted in a offense.
What is reckless intent?
The person acts recklessly or thoughtlessly with his behavior consciously disregards the potential risk of harm to another.
What is the example of reckless intent?
Playing Russian roulette with a loaded pistol is a reckless act.
What is negligent intent?
When an offender acts unreasonably and risks harming another person. It also occurs when a person is actually harmed by the offender’s failure to act when he has a duty to act reasonably.
What is an example of negligence?
Failing to drive slowly on an icy road would be negligent behavior.
What is strict liability intent?
An offense where the offenders intent is irrelevant. In other words, if the prohibited act occurs, the crime is complete regardless of the offender’s state of mind.
What is an example of a strict liability Intent offense?
Statutory rape involves sexual intercourse with a person under the age of 16. Whether the victim consented or not or whether the offender knew or intended to have intercourse with the under age person. It is irrelevant as long as the act occurred. Another example is for the crime of minor in possession of alcohol.
What are two instances where officers should consider in assessing what level of intent is present?
1) If a person is intoxicated with alcohol or drugs.
2) If a person suffers from mental illness.
-The officer must take into consideration the level of intent if a person is intoxicated or
-the officers roll for a mental ill person is to evaluate.
-either one you must have probable cause and take action to address public safety.
What should we know about lesser included offenses?
Knowing the elements of various offenses also provides officers with the understanding of what offenses are related and specifically what lesser included offense may apply to the given situation.
What is an example of a lesser included offense?
ABDW you need:
1) committing assault and battery by intentionally touching another person without consent and
2) by means of a dangerous weapon. If it cannot be proved that there is a weapon involved the lesser included offense would be assault and battery.
During an incident what is it appropriate decision the officer should take when charging a person with a crime?
Subject to the appropriate discretion, officers should typically charge the most serious offense that apply to the suspects conduct. During the court process charges may be reviewed and if necessary reduced.
In the field Officer must use a legally recognized method to charge a suspect with a crime, and the right of arrest.How many are there?
There three right of arrest.
What are the three ways an officer in the field could charge a person with a crime?
1) Warrant
2) Arrest
3) Application
What is a warrant?
An arrest warrant is issued by a judge or clerk magistrate authorizing officers to locate a suspect anywhere in Massachusetts, take him into custody, and bring him before a court for prosecution.
What is an arrest?
This offender is arrested for a crime the without judicial supervision.
What is the application of a complaint or what happens when a person is arrested and brought to court?
An officer may go before the clerk magistrate for a complaint to bring the offender before the court. The clerk will typically hold a show cause hearing in which both the officer in the accused person presents their version of the incident. In this case they would formally charged the offender in court or dismiss the case based on lack of evidence.
The method of arrest must depend on whether the underlying crime is what two things?
If the crime is a felony or a misdemeanor
What is a felony?
Chapter 274 section 1 defines a felony is any offense punishable by a state prison sentence. Officers may conduct a warrantless arrest for any felony even if it occurred in the past.
What is a Misdemeanor?
Is any crime which state prison is not an option.
How many varieties misdemeanors are there?
There are three varieties misdemeanors.
What are the three varieties of misdemeanors?
1) Statute past
2) Statute present
3) Breach and present
What is a statue past misdemeanor?
A misdemeanor that a statute specifically authorized a Warrantless arrest for an offense even if the officer did not witness it. For example a domestic violence incident.
What is a statute present misdemeanor?
An officer may make a warrantless arrest, but only if the offense occurs in their presence. For example attempting to steal an expensive property is this type of misdemeanor.
What are breach in presence misdemeanors?
These misdemeanors severely limit an Officer’s ability to make a warrantless arrest in the field. It requires that officers apply for criminal complaints in order to bring the offender to court unless the offense amounts to a breach of the peace and it is committed in the officers presence. Example of this is a simple assault during a non-domestic violence incident
Explain an offense in an officer’s presence.
An offense is committed in the presence of an officer when he has direct personal knowledge, through his sight, hearing, or other senses that it is being committed.
What is the breach of peace?
Conduct that poses immediate or potential harm to a person or the general public. Breach must at least threaten to have some disturbing affect on the public.
What are the defendants choices for court?
Defendant may choose to have his case decided by judge alone known as a bench trial, or a trial by jury. Whatever option is selected only a judge may impose a sentence following a guilty finding.
What are some examples of penalties for crimes committed?
Incarceration, probation and conditions, fines, victim witness assessment, and court costs.
What is the most serious penalty for a crime
Incarceration. Defendants may either be sent to the house of correction ( sometimes referred to by a jail) or a state prison.
What is the maximum possible sentence for the house of corrections?
2 1/2 years per offense.
What is the maximum sentence to go to state prison?
The maximum sentence to go to state prison reserve for the most serious crimes is a life term.
What is jurisdiction?
Refers to which court has a legal authority to conduct a trial of the offense.
Where are the majority of cases resolved?
District Court.
Where are the most serious crimes heard?
Superior court before juries of 12 citizens.
What crimes fall under exclusive jurisdiction?
Murder and manslaughter, Mayham, armed and unarmed robbery, Rape and incest, cocaine and heroin trafficking, burglary, arson, bomb threats, extortion, and perjury.
What may District Courts render a final judgment on?
All violations of town bylaws and city ordinances, all misdemeanors, and any felony for which the maximum penalty is not more than five years in state prison.
What is District Court barred from imposing a sentence on?
District courts may render a final jurisdiction over many Felonies but this court is barred from imposing a state prison sentence.
May state and federal governments press separate charges for identical Conduct?
Yes the state and federal government may charge a person for the same offense under federal law in the state law.
What are statute of limitations?
Refers to the time. Within which a prosecution must be commenced. It is the maximum time that may pass between the crime in the defendants arraignment.
What is the purpose of statutes of limitations?
To protect individuals from having to defend themselves against old accusations. It also encourages law-enforcement to promptly investigate.
What chapter and section do the statute of limitations appear in?
Chapter 277 section 63.
What is a venue?
Refers to the proper court for the trial of an offense. Typically charges must be hard by the court in the territory with the crime occurred.
What is the statue of limitation for murder?
No limitation.
What is the statute of limitation for certain child sexual offenses?
No limitation but cooperating evidence required after 27 years.
What is the statue limitations for certain adult sexual offenses?
15 years.
What is the statute of limitation for robbery and incest
10 years.
What is the statute of limitation for all other sexual offenses?
Six years.Where the victim is under 16 at the time of the crime.
What offenses fall under the statue a limitation time period of one year?
Prostitution, drug or unlawful intercourse, unlawful intercourse with persons under 18, inducing minor to become a prostitute or driving support from minors earnings, and knowingly permit premises to be used for prostitution.
There are two major categories that offenders fall into In crime. What are they?
- Those who completed the crime and
- those who do not complete the crime
Within the first group of those offenders who complete a crime what are the categories they are in
- Principles
- accomplices
- and accessories after the fact
When a group of offenders do not complete a crime or the crime is incomplete what can they be charged with?
Those who fall under incomplete crimes are:
-Attempt
-conspire and
-solicit
crimes
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For the two classifications of complete and incomplete crimes what is needed?
Each classification demands a particular level of proof and may have an impact on the severity of the sentence an offender receives
CHAPTER 2
What is the definition of the principal Offender?
The principal is the actual perpetrator of the crime. The principal is also the person or organization who may be prosecuted for the criminal conduct.
What is the corporate or association responsibility when it comes to crimes?
Criminal law applies to corporation societies in associations as well as partnerships not just individuals. A corporation or association may be held criminally responsible if the offender was engaged in particular business of the organization, the organization give the offender authority and responsibility act on his behalf, or the offender committed a crime on behalf of them.
What is the definition of an accomplice?
Those who helped the principal complete a crime, accomplices, or judged to be as responsible as the principal.
What case simplify the theory of criminal liability?
Commonwealth versus Zanetti. This is an instance where the defendant Knowingly participated with the intent required for the particular crime
What are the elements of being an accomplice in theory of criminal liability?
Intentional participation and like minded criminal minds
What is the definition of intentional participation?
The suspect must intentionally and meaningfully participate in the crime.
What is the definition of criminal mindset?
Criminal minds that is having a criminal intent necessary to commit the particular crime.
What is the penalty for being an accomplice?
An accomplice me receive exactly the same penalty as a principal.
What is the definition of intentional participation for an accomplice?
Being a participant in a crime by planning,
encouraging,
being a lookout,
assisting, and
helping with the escape.
Can an accomplice be charged with a crime if they are not present? Give an example.
Yes. In planning, an accomplice does not have to be present when the crime occurs. For example in Comm. vs Moore, a leader of a Springfield gang, ordered a planned execution or “hit”.
Can a person be an accomplice if his participation occurred out of state of Massachusetts?
If the person understands that the crime will ultimately occur in Massachusetts his participation makes him an accomplice.
What is the definition or describe encouraging as an accomplice?
Person is an accomplice when his presence encourages the perpetrator by giving him hope of the immediate assistance”. For example in Commonwealth versus Moreau the defendant along with three accomplices of a burglary and rape he was an accomplice because he stood and watched and generally encourage the commission of the crime.
What case is an example of an accomplice that participate in a crime?
For example in Comm. Vs Sim:
Sim unlocks the door to an apartment building where a robbery took place. He knew the principles were armed and expected to share the proceeds from the heist.
Explain being an accomplice by helping with the escape.
The defendant arranged a “switch car” and took part in the post robbery escape.
As an accomplice what is required in order to be charged?
Intentional participation is required. The law does not allow for guilt by association. Just because he defendant knew the robbers of a liquor store and he hung out with him that was in sufficient to charge him as an accomplice.
In order to be charged as an accomplice, does an offender have to have an advance plan or agreement?
Offenders do not have to have an advanced plan or agreement. Participation simply means that the accomplice consciously acted with the principle before during the crime.
Does the accomplice have to be present during the crime?
No the accomplice does not have to be present for the entire crime. An example where a tow truck driver was accused of stealing money the owner of the tow company, Donna, redirected the surveillance cameras to cut off a pinky in order to get the money back.
What May prove involvement of a crime as an accomplice
Circumstantial evidence may prove involvement. Where a woman purchase drugs from a passenger through the window of a running vehicle, there was sufficient evidence to arrest driver as an accomplice.
What is the definition of a criminal mindset?
An accomplice must participate while having intent necessary to commit to underlying crime for criminal minds.
An accomplice may be convicted when?
Accomplice may only be convicted for crimes he intended. The defendant cannot be convicted of a murder because he simply wanted the suspect to get into a fistfight. Comm. vs Benitez
If the accomplice knows that the principal has a weapon can he be charge for the crime?
Yes once an accomplice knows the principal has a weapon he is responsible for the resulting crime. For example the defendant knew the principal would be carrying a weapon during an armed robbery. This made him an accomplice
If there are numerous people involved in a crime do you have to prove which one was the principal and which one was the accomplice?
There’s no need to prove which suspect was the principal in which was the accomplice, so long as there is proof that both were involved.
Explain Withdrawal as an accomplice?
A suspect it is not an accomplice if he withdraws from the crime. He must communicate his withdrawal to other participants in a timely and effective manner. The communication maybe oral or by conduct. For example a defendant told the codefendant in a third-party that he wanted nothing to do with what they had discussed. And the codefendant was dropped off prior to the murder.
What is Chapter and Section for accessory after the fact?
Chapter 274 section 4
What are the elements of accessory after the fact?
-Knowledge. After knowing a felony was committed,
-Assist. The suspect knowingly harbored, concealed, or in someway system
A felon. An identifiable felon or accomplice
-Intent to avoid arrest or trial. With the intent of the felon or accomplice would avoid escape arrest or trial.
What is one exception from accomplice or accessory after the fact?
If the felon was a protected relative of the suspect, this is an exception.
What is the right of arrest and penalty for accessory after the fact?
The right of arrest is a felony. The penalty is State penitentiary for no more than seven years or house of correction for 2 1/2 years, or is fine no more than $1000
Explain knowledge and assistance of an accessory after the fact?
An accessory must know the facts of the underlying felony and the felons identity. He doesn’t necessarily need to know his name but no which person did it.
What is sufficient knowledge as an accessory after the fact?
An example of this is the defendant knew the principles had driven by a group of rival gang members and intentionally fired into the crowd. Commonwealth versus Simpkins.
What is considered insufficient knowledge for accessory after the fact?
An inmate was stabbed, on the 3rd level of a prison outside of Devlin’s cell. Devlin was caught wiping the knife off with his T-shirt.
In this case it was insufficient knowledge that Devlin knew what crime has been committed and who committed the crime.
Can you be charged with accessory after the fact if you give a false statement or refused to cooperate with the police?
The person is not typically accessory after the fact if he lies or refuses to cooperate. This behavior is not enough to prove accessory after the fact.
An accessory after the fact what is an example of time is not an element of the crime
Commonwealth versus Simms, the defendant knew that his girlfriend murdered somebody. He picked her up took the weapon from her and he admitted that he was going to help her get away. Even if later he changed his mind and convinced her to surrender to the police his intent to assist her made him an accessory after the fact.
What is the charge of lying to the police?
Chapter 268 section 13 B. Lying to the police is a crime however doesn’t necessarily mean that you could be charged with accessory after the fact. For example investigators already knew the suspects roll when he lied to them so he could not be charged with Accessory after the fact.
Can a person be charged with accessory after the fact if he was liable for crimes of the felon?
Defendants liability as an accessory is linked to the actual crimes perpetrated by the principal. A defendant in Commonwealth versus Perez helped two people escape that he knew had been involved in a shooting. Although the defendant only assist the shooters one time he was charged with two counts of accessory after the fact because they shot to people.
What is Ch 274 s 4 protective relative defense?
This specifically exempt certain relatives from being an accessory because people should not be penalized for helping their own.
Are the police responsible for informing suspects about the protective relative defense chapter 274 section 4?
Police should not inform I suspect about this exemption. The police have no responsibility to inform a murder suspect or his mother about the law exempting his brother from being prosecuting as an accessory.
Can a person be charged with an accessory after the fact if the principal is acquitted or missing
Yes. Under chapter 274 section 5 unavailability or acquittal of the principal is no defense and the person can still be charged.
What are some related offenses to accessory after the fact?
Failure to report a violent crime, concealing a motor vehicle thief, and failure to report hazing.
What is it Chapter 274 section 6?
The charge of attempt to commit a crime
Summarize the attempt to commit a crime
Tesla punishes the offender who intends to commit a crime, take specific steps towards doing so and for some reason fails.
What are the elements of attempt to commit a crime?
The elements are specific intent to commit the crime, an overt act towards its commission, and the person did not complete the crime because his effort failed or he was interrupted.
What are different rights of arrest for attempt to commit a crime chapter 274 section 6?
It could be a felony if the attempt involves a felony which is punishable by at least five years and state prison.
- It could be a complaint if the attempt involves a felony punishable by less than five years for any misdemeanor.
- Or it could be a warrantless arrest in the presence regardless of property value if the attempt involves a larceny under chapter 266 section 30 or 276 section 28.
What is the definition of specific intent?
When it comes to Attempt to commit a Crime, specific intent means that the suspect consciously intended to commit the underlying crime.
What is an overt act?
There are two types of overt Acts:
- Last act
- Interrupted act
Explain what is the last act?
The wrongdoer “commits the last act necessary to complete the Intended crime, but for some reason … fails to perpetrate the crime’
What is an interrupted act?
The offender fails to complete the crime because he is intercepted by the police or some other third-party.
Can you charge someone with the actual crime and an attempted crime for the same crime?
No you may never convict a person of the crime as well as a attempt to commit the same crime.
What is the definition of conspiracy?
Conspiracies in agreement between two or more people to do something unlawful. It does not matter whether the plan was successful even if any steps were taken to carry it out.
When is a conspiracy complete?
Conspiracies complete at the time of agreement. No overt act is necessary.
To charge someone with conspiracy do the two suspects have to create a formal agreement?
No it’s not necessary for the charge conspiracy. It’s not necessary for them to create a formal agreement, or agree to every detail, or even meet together.
What do you need to prove conspiracy?
In order to prove conspiracy you need to have circumstantial evidence. This is the case because sometimes there is no direct evidence of the agreement.
Is the conspiracy over if law-enforcement frustrates the conspirators objective?
No conspiracies not automatically over when law enforcement frustrates conspirators objective.
What is the bilateral view of conspiracy?
There are two legal definitions of conspiracy bilateral and unilateral. Massachusetts retains the bilateral approach which requires of the agreement involve at least to like minded criminals. A unilateral approach is a crime committed when one person agrees to proceed with anyone, even an undercover officer. As long as Massachusetts insist on the bilateral view, they cannot be a conspiracy involving only the defendant and the government agent.
What is renunciation?
Renunciation means that a person after entering into a conspiracy decides to voluntarily pronounce or abandon his criminal purpose. Massachusetts may adopt the defense of renunciation.
What is the difference between an accomplice in conspirator?
An accomplice must meaningfully participate in the crime but does not have to agree with the principal in advance. Conspiracy requires an agreement to work together but not a completed crime.
When charging conspiracy is it considered a separate offense from the crime?
Conspiracy is separate from the objective crime. It’s considered a separate offense which is the object of the conspiracy. For example a drug dealer may be punished for drug distribution and if you work with another offender could be charged with conspiracy as well for the same drugs.
What is the definition of a venue for conspiracy?
Venue for conspiracy lies in any county where agreement was reached or where an overt act to execute the plan was committed by any one of the conspirators.
What does chapter 274 section 8?
solicitation of a felony.
What are the elements of solicitation of a felony in chapter 274 section 8?
The elements include:-Solicit. The suspect solicited, advised, or otherwise enticed another to commit a felony including murder, and the suspect needs intent.
-Intent for the person to commit, or arrange for someone else to commit the felony.
What is the penalty for solicitation of a felony?
If the suspect solicits, advised or otherwise enticed a person to commit a felony, including murder, and intended for the person to commit or arrange for another to commit the felony the crime is punishable by life in prison, state prison of 10 years or more, state prison five years or more, state prison for less than five years,.
When is the crime of solicitation over?
The crime is complete at the point of solicitation. In fact the person solicited does not have to agree to commit crime. For this reason, and undercover officer may be solicited.
Can solicitation occur if the defendant asks another person to arrange for another person to commit a felony?
Yes a person can be charged with solicitation even if they never had direct contact with the “hitman”. Solicitation occurs when one person urges another person to commit to an offense or find another person to carry out the crime.
CHAPTER 3
What does chapter 275 section 2?
Threat to commit a crime.
What are the elements of threat to commit a crime?
-Suspect needs to communicate to the victim his intent to injured victims person or property,
-the suspect threatened injury if carried out would constitute a crime, and
-reasonable fear.
What is the right of arrest for threat to commit crime?
It is a complaint only under 275 section 2 does not permit warrantless arrest. You do not need the victim to sign the complaint but you must seek a warrant in order to arrest. Also if it’s a false complaint or a frivolous complaint the complaint has to be the expenses of the prosecution based on unfounded or frivolous complaints.
What’s the penalty for threat To commit a crime?
The basic offenses house of corrections no more than six months, or fine no more than $100. An alternate disposition be the court a under 275 section 4for impose a peace bond for a period of no more than six months.
How may a threat be given for threatening to commit a crime?
A threat maybe oral or written. There must be reasonable fear that the suspect has both intention in the ability to carry out threat. The standard objective which means that convictions are allowed in cases for the victim was:
- Reasonably afraid
- Or not afraid but should be. However just because a person is afraid does not mean that the crime occurred especially if the person is overly sensitive.
Explain threat of time for uncertain time in the future?
Threat of harm for an uncertain time in the future may cause reasonable fear. Therefore absence of immediate ability to do harm will not prevent conviction for threats.
Explain Comm vs Baptist under threats to commit a crime.
The defendant told officers guarding him in the hospital that he would shoot them. There’s no proof needed of his ability to do so, or how he would get a gun or later find them.
Give an example of sexually explicit language that may be threatening.
An 18-year-old defendant produced a number of “missing person” flyers identifying and describing a female high school student had broken up with him. The word “missing” was printed in large type across the top of the flyer.
Does the first amendment right to free speech protect people from threatening to commit a crime?
First amendment right to free speech only protects “expressive”threats not “true threats”
Does the first amendment rights apply to social media?
Yes it does does. There must be evidence of the Intent to be violent.
What does it mean that the target of the threat and the target of the threatened crime may be different people?
And Commonwealth versus Hamilton, Kenneth Hamilton Violated his probation and sent to jail. After his release Hamilton left a message on his probation officers voicemail talking about her daughter and it was thought that he was threatening her daughter.
Threats to commit a crime maybe communicated directly or indirectly. What is the difference?
Direct communication is obvious. The suspects threatens the victim in a way that he knew he would received the message.
Indirect communication involves a third-party. When a threat is received by third-party the police must show that the suspect reasonably knew that it would reach the victim.
How is eavesdropping used for threats to commit a crime?
Communication to eavesdropping third-party must be intended to reach victim. Suspect started talking in front of somebody who he knew was eavesdropping to report a threat to the intended recipient.
What are related offenses to threats to commit a crime?
-Stocking under chapter 265 section 43
- Criminal harassment new chapter 265 s 43A
- Annoying or obscene electronic communication under Ch 269 s 14A
- Threat concerning location of dangerous items or a hijack end of chapter 269 section 14.
What is the Chapter and and section for extortion
Chapter 265 section 25
What are the elements of extortion?
-Communication. Through a verbal, written or printed communication
-Three types of threats
-Accuse another of a crime
-Enjoy the personal property of another
-Use against another
person the power authority vested in the suspect by virtue of being a police officer, having power of a Police officer, or being an employee of any licensing authority
-With the intent to get some thing. With the intent to either extort money or pecuniary advantage,
-or compel any person to do an act against his will.
For the charge of extortion what is the right of arrest?
-Felony right of arrest -State penitentiary NMT 15 years or house correction no more than 2 1/2 years, and or find it no more than $5000
What’s the definition of a malicious threat
A malicious threat is something that is intentional. A threat may be expressed or implied. The victim does not have to be the object of the threat.
What are three kinds of examples of a malicious threat?
The subject of the threat 1) could accuse another of a crime. Example an ex-boyfriend said he would tell her employer she stole merchandise unless she performed a sex act.
2) Injure a persons or property. The subject of this threat is interpreted broadly. Subject in this case threaten to expose his sexual relationship with a victim to her parents and circulate naked pictures around the neighborhood unless she gave him money.
3) Abuse official power. Police officers took money from suspected drug dealers, then released when dealer’s sister obtain more money to pay off the police.
Explain intent of malicious threat.
The intent of the malicious threat must be to get something. Typically extortionist seek money, or any pecuniary advantage or a performance of any act against victims will. Pecuniary means pertaining to money.
If a person threatens to extort the same thing to a person what kind of offenses are those?
Each threat is a new offense. The defend it attempted to collect same gambling debt by threats during to separate confrontations. That’ll be two separate offenses
The person tries to force payment of a debt that is actually owed what kind of offense is this?
This is also a threat of extortion even though that victim actually owes money.
CHAPTER 4
What chapter and section covers assault offenses?
Assault is chapter 265 section 13A.
Describe what Assault is?
1) An assault is an attempted incomplete battery, the victim not be afraid.
2) Putting a person in fear of battery.
What are the elements for attempted battery?
The suspect intended to commit a battery, which involved touching the victim in a harmful or unpermitted way, took some over action, and came reasonably close to committing battery.
What are the elements of threatened battery?
Threaten battery the suspect intentionally engage, in menacing conduct, that caused the victim to fear in eminent battery.
What are two attempts of assault and battery.
1) Attempted battery
2) Threatened battery
What are the rights of arrest for assault?
If it is in the presence it is arrest for breach of the peace. Otherwise it is a complaint application.
For assault for domestic violence under 209A section 6 what is the right of arrest?
During domestic violence cases it’s a warrantless arrest upon probable cause. Depending on the relationship of the parties officers will charge the assault under 265 section 13 M or 13A.
During harassment cases what are the rights of arrest for assault?
Under chapter 258 E section 8 a warrantless arrest upon probable cause. Charge assault under 265 section 13A.
For assault charges with the right of arrest for a person with a restraining order?
Charge the person a felony under chapters 209A, 208, 209, 209C.
What’s the definition of attempted battery?
The suspect must intend to commit battery that is a harmful or unpermitted touching of a victim, take over steps to accomplish the battery. The most obvious example is throwing a punch at someone and missing.
Do you have to prove that the person was in fear during an attempted battery?
No it’s not necessary to show the victim was afraid or even aware of the attempted battery for this form of aasault.
What are the two kinds of battery?
Attempted battery and threatened battery.
Defined attempted battery.
Come attempted battery the suspect must intend to commit battery that is a harmful or unpermitted touching of the victim, take over it steps to accomplish the battery. The most obvious is throwing a punch at someone in missing. It’s not necessary to show that the victim was afraid or even aware of the battery.
What is the definition of threaten battery?
In order to prove asault by threatened battery the suspect must have intentionally engaged in the menacing conduct that reasonably caused the victim to fear an eminent battery. Under this the victim must actually experience fear of immediate physical harm.
Can you use a verbal threat for Assault battery?
Verbal threats alone are insufficient. The verbal threat to do harm becomes an assault when accompanied by some outer gesture for example shaking a fist saying I’m going to beat the living daylights out of you.
What chapter and section covers assault by dangerous weapon ABDW?
Chapter 265 section 15B.
What are the elements of assault and battery with a dangerous weapon?
- The suspect committed in assault by attempting a battery or threatening to commit a battery with the intent to cause fear
2) By using a dangerous weapon
What is the right of arrest for assault and battery dangerous weapon?
It’s a felony right of arrest State penitentiary no more than five years or house correction no more than 2 1/2 years, or fine no more than $1000.
How many types of dangerous weapons are there?
There are two types of dangerous weapon.
What are the two types of dangerous weapons?
Items by which their nature cause serious injury or death “per se” which means “by itself”.
2) Items used in a way that appears capable of causing serious injury or death, known as dangerous use.
For per say you do not need to use a weapon in a dangerous fashion. What are per se weapons for Assault by dangerous weapon?
Per se weapons may include fire arms, knives, brass knuckles, And where includes pepper spray (or OC spray) as well.
For per say dangerous weapon can a fake gun cause a person to be charged with this?
Yes a “deceptive weapon device”, is qualified as being armed for any crime against a person. A “deceptive weapon device“ is defined as any item “intended to convey the presence of a rifle, shotgun or firearm, which presents an objective threat, to a person of average sensibility“.
Can you charge a person for assault by dangerous weapon for unseen weapon?
An unseen weapon, if possibly possessed and a reasonly believed that they are possessed, to have a per se weapon a person can be charge for this. For example a man assaulting a woman said he had a knife in his back pocket and he would use it. because she reasonably believed that he had a Per se weapon The man was charged.
For ADW for dangerous used item must appear dangerous. What is an example of this?
A German shepherd dog could be used as a dangerous weapon even though it’s not a per se weapon the German shepherd could appear dangerous to a person
When does attempted battery occur?
An attempted battery occurs when the suspect must brandish, pushes, or discharges a weapon within striking distance of the victim.
What is a Chapter and Section for assault and battery?
Chapter 265 section 13A.
Summarize assault and battery
Assault and battery occurs in three ways.
1) unintentional, unconsented touching of another
2) to intentional, harmful touching of another or
3) a reckless act that causes injury to another.
What are three elements of assault battery, type one, type two, and type three?
Type 1: offensive
Type 2: Harmful
Type 3: Reckless
What is Type 1 offensive for Elements of assault and battery?
- The suspect intentionally touched another person
- Without Having any Right to do so
- The person touch did not consent
Under elements for assault and battery what is Type 2 harmful?
The suspect intentionally touched another person, in a manner likely to cause bodily harm, without having any right or excuse to do so.
Under elements for assault and battery what is the Type 3 element Reckless?
The suspect engaged in reckless conduct, which caused bodily harm to another.
What is the right of arrest for assault &. battery?
For a basic offense right of arrest for breach of the peace in presence, otherwise it’s only a complaint
- During domestic violence warrantless arrest on probable cause
- During harassment warrantless arrest and probable cause
- For causing serious bodily injury is a felony right of arrest the person is seriously badly injured by any means that results in permanent disfigured disfigurement, loss of impairment of a body function, limb or organ, or a substantial risk of death.
- A suspect who knows or should know a person has pregnant, Is a felony
- Any person violates the restraining order is a felony
- If suffocation or strangulation is used it’s a felony
For penalties for assault & battery what are they?
For A Misdemeanor A&B House of corrections no more than 2 1/2 years or fine of $1000
- For felony A&B state pension penitentiary no more than five years or house of correction no more than 2 1/2 years and or fine $5000.
- Another penalty could be accord and satisfaction. In some cases and A&B or other misdemeanor may be dismissed if the victim one voluntarily signed a written agreement and received adequate compensation.
What is the penalty of accord and satisfaction?
This is where a victim of voluntarily sign a written agreement and receive adequate compensation.
What are some examples of Type 1 offenses for assault and battery?
- The most common is a hit or a punch
- Slight touching sufficient affect them did not consent
- Bodily fluids
- Injury from escape
- Food with foreign substance
What is some examples of Type 2 harmful elements of assault and battery?
- Intentionally touch someone in a way that is likely to hurt them
- Same rule applies to sexual conduct
What are some examples of assault and battery elements of Type 3 reckless?
- Reckless conduct occurs when a suspect realizes or should realize the danger associated with his conduct but does it anyways.
- Reckless conduct must result in “physical injury”
Can you be charge for assault and battery for disciplining your children?
No there’s a disciplinary privilege for children when an adult striking a child’s acting as a parent and using reasonable force.
What is a Chapter and Section for assault battery by dangerous weapon ABDW?
Chapter 265 section 15A
What are the elements of assault and battery by dangerous weapon?
- The suspect committed an A&B by
1) intentional, unconsented touching
2) An intentional, harmful touching or
3) A reckless act that cause injury
-By means of a dangerous weapon.
What is the right arrest for ABDW?
It is a felony right of arrest. For basic State penitentiary no more than 10 years or house of correction no more than 2 1/2 years, or fine no more than $5000
-for aggravated ABDW, state penitentiary no more than 15 years or Huss correction no more than 2 1/2 years and or a fine of no more than $10,000. A BDW becomes an aggravated offense if the perpetrator is 18 years or older and commits an ABDWI on a child under the age of 14, causes seriously but bodily injury which includes permanent disfigurement, loss or impairment of bodily function, limb, or Oregon, or a substantial risk of death.
Commits the crime against a person who he knows, or has reason to know is pregnant,
Commits a crime against a person who has an outstanding restraining order in effect against the defendant at the time of the Attack.
Can any parts of a body be known as a dangerous weapon?
Human hands, teeth or other body parts are not a dangerous weapon, but a “shod foot” is. This is where the suspect were wearing shoes and kicked the person with the footwear aggravating the attack.
What are some related offenses to assault and battery with a dangerous weapon
- Attempted A&B by discharging any firearm
- A&B by discharging a firearm shooting and hitting someone
- A&B to collect a loan
- A&B for the purpose of gang solicitation
For assault offenses under basic assault what is the right of arrest?
Arrest for breach in the peace in presence. Otherwise complaint section 13A.
Under assault offenses for hate crimes what are the charges?
For hate crimes arrest for breach of the peace. Otherwise complete under section 39.
Under assault offenses for assault constituting harassment.
Constituting harassment chapter 258E section 8 arrest on probable cause.
Under assault offenses assault and domestic violence incident, what are the charges?
For it intimate partner, married, child, dating/engaged 209A section 6 you can arrest on probable cause.
For A&B offenses what are the charges for the basic offenses?
Arrest for breach of the peace in the presence. Otherwise complaint section 13A.
Under A&B offenses hate crimes for assault and battery what are the charges?
Race, religion, sexual orientation is arrest for breaching the peace. Otherwise it’s a complaint. If injury occurs it’s a Felony under section 39.
For assault and battery offenses constituting harassment what are the charges?
Under 258E Section eight Arrest on probable cause. The charge violation of 13A.
For assault and battery during domestic violence events what are the charges?
For intimate partner married,common child, dating/engage the charges under 209A and section 6 arrest on probable cause. Charge violation of 13M.
For assault and battery offenses under public employee what are the charges
Arrest for a breach of the peace in presence. Otherwise a complaint of section 13D. Public transit operator arrest on probable cause under section 13D. Attempt to disarm a police officer is a felony under section 13D. Cause serious bodily injury to an officer under section 13D it is a felony.
For assault and battery on an EMT or healthcare provider what are the charges?
Arrest for breach of the peace in presence. Otherwise a complaint under section 13i.
What are the charges for assault with aggravating factor offenses?
They are all felonies.
Under assault Offenses with intent to rape what are the charges
It’s a felony
Under attempted indecent assault battery, assault with a dangerous weapon, assault with hypodermic syringe and needle, or tempted A&B by discharging a gun what are charges?
They’re all felonies
For assault and battery offenses with aggravating factor offenses what are the charges?
They are all Felonies.
For assault battery offenses for indecent assault and battery, assault battery of the dangerous weapon, assault battery with a hypodermic syringe/needle, and assault and battery by discharging a firearm what are the charges?
They are all Felonies
What is a catchall offense that covers an assault?
And assault with intent to commit a felony is a catchall offense.
What is the definition of Mayham
Mayhem is an assault in which of perpetrator has a cruel state of mind with the desire to maim or to figure.
There are three types of Mayham under chapter 265 section 14 what are they?
Type 1: specific acts
Type 2: dangerous substance or weapon
Type 3: privy
What is a Chapter and Section for Mayhem?
Chapter 265 section 14
Explain Type 1 Specific Acts under mayhem elements.
The suspect maliciously intends to maim or disfigure and committed one of the following acts to the victim:
- Cut out or maimed the tongue
- Put out or destroy an eye
- Cut or tore off an ear
- Cut slits or mutilate the nose or lip
- Cut off or disabled a limb on member of victim.
On your Type 2 dangerous substance or weapon what are the elements?
Suspect maliciously intended to maim disfigure, and assaulted the victim with a dangerous weapon or substance, and disfigured, crippled or inflicted serious or permanent physical injury.
Explain Type 3 Privy under the elements of Mayhem.
Under privy the suspect was “privy “to someone else’s intent to maim or disfigure, was present and aid it in the commission of this crime.
What is the right of arrest for Mayhem?
Is a felony right of arrest state penitentiary no more than 20 years, or house of correction no more than 2 1/2 years and a find of no more than $1000.
What Does the word maim mean?
The word “name “has no tactical meeting. It in its ordinary sense, it means to disable, wound, or cause disfigurement.
What do you need to prove that someone meant to maim a person?
You need specific intent to maim. The suspect must possess a specific intent to maim or disfigure.
Explain self-defense.
Alarm recognizes that someone is appropriate for a person to use force to defend himself or other people. Once a defendant introduces evidence that he acted in self-defense, the commonwealth must prove be on a reasonable doubt that he did not.
When is self-defense warranted?
Self-defense is warranted if the suspect -reasonably believes that he is in danger of personal harm
- attempts to avoid physical combat or is unable to do so
- and uses only the force necessary under the circumstances.
Under self-defense non-deadly force what is the proper standard?
Non-deadly force personal safety, protect property, or eject trespasser if there’s a reasonable concern over one’s personal safety is the proper standard when non-deadly forces used. You also may use non-deadly force to eject a trespasser or protect on this property.
Under self-defense for deadly force when may this be used?
A person may only resort to deadly force when he reasonably believes that he is in imminent danger of death or serious bodily injury.
What are some factors to consider in self-defense?
- Must consider the physical ability of the combatants for example if someone was a karate expert or the victim was much smaller.
- Assailants prior use of force against others
- Characteristics of any weapons used
- Available means of escape
- Legitimate belief of danger.
Explain mutual combat
In the case of mutually agreed combat, the law does not allow a claim for self-defense unless a weapon or other force is unexpectedly introduced into the brawl. Then the person may be justified in using force to meet that threat.
Can the instigator of a fight use a self-defense claim?
Although it’s unusual, it is possible that the instigator of a fight maybe justified and resorting to self-defense if he “makes known his intention to retire and withdrawdraws in good faith “.
Explain the battered women syndrome.
A woman’s use of deadly force against her abusive partner may be understood by allowing evidence of the history of the relationship. Expert testimony on common patterns of abusive relationships would help.
Explain duty to retreat.
This right of self-defense does not exist until a person has reasonably tried to avoid combat.
What is one exception to duty to retreat?
The only exception is “castle law”. This is where occupants in their home have no duty to retreat. They may use reasonable force to defend themselves or others against unlawful intruders.
In duty to retreat under Castle law can intruder be on your property?
No the intruder must be inside your home for the castle law to come into affect.
Can you use a castle law defense against police officers going into your home?
The Castelotte never justifies force against police officers.
What is the defense of others claim?
Under defense of others a person may use the same force to protect another that he could used to protect himself. This rule encourages people to help if a third parties were in danger.
Explain the “Accident defense”.
If they suspect claims that they did not mean to use force this is a “accident defense “. An accident is an unexpected happening that occurred without intention or design on a persons part. Once the defendant raises a possibility of an accident, commonwealth must prove the assault or shooting was intentional.
CHAPTER 5
What chapter and section covers assault and battery on a public employee?
Chapter 265 section13D
What are the elements of A&B in a public employee or interference with duty?
The suspect commits an assault battery on any public employee who the suspect knew was engaged in the performance of his or her duty
What is the right of arrest for assault and battery in a public employee?
Arrest for breach of the peace and presence, otherwise a complaint. If the A&B occurred when public employee was operating a public transit vehicle it is a warrantless arrest on probable cause under chapter 265 section 13D.
If an A&B included an attempt to disarm a police officer or cause serious injury what is the right of arrest?
It is a felony with state penitentiary no more than 10 years our house of correction no more than 2 1/2 years with a fine of no more than $1000.
For serious bodily injury to a police officer what are the penalties?
State penitentiary no less than one year, no more than 10 years or house of correction no less than one year for no more than 2 1/2 years and or fine of no less than $500 and no more than $10,000. Mandatory minimum of one year for serious bodily injury resulting permanent disfigurement, protracted loss or impairment of a body function limb or organ or substantial risk of death. Same standard as felony A&B.
Where can the prosecution of assault and battery in a police officer for serious injury be?
It is important to know that assault and battery on a police officer may only be prosecuted in superior court.
Explain the common law crime of interfering with the police officer.
The elements for interfering with the police officer are:
- knowledge, the suspect knew I should’ve known Officer was engaged in lawful performance of duty
- Obstruction, the suspect physically obstructed or threaten violence against the officer
- Intent, the suspect intended to obstruction or hindering of the police officers performance of duty.
What is the right of arrest and procedure for interfering with the police officer?
The right of arrest for breach in the peace in presence. But officers may legally seek a complaint as well. But this does not look as good if you don’t arrest.
-For a procedure although not defined by statute, mass recognizes this and other common law crimes. On the standard complaint form, instead of inserting statute numbers, the officer should simply write “common law offense”.
Explain physical obstruction with interfering with a police officer.
Physical obstruction covers more than force there’s a refuse to move or verbally interrupting any loud and persistent manner.
Does Videotaping police officers fall under interfering with police officers?
Videotaping officers does not inferring unless it was done in a manner that physically hinders the police.
What is the Chapter and section that covers neglect refusal to assist police officers?
Chapter 268 section 24
What are the elements of neglect or refusal to assist A police officer?
The elements are a person was required by police officer or deputy sheriff, and they neglected or refused to assist the officer and apprehending or securing of a person for breach of the peace for four in escape.
What is the arrest for refuse or neglect assistant Officer?
Arrest for breach of peace in the presence. Otherwise it is a complaint. Penalties House of correction no more than one month or find it no more than $50.
What is a Chapter and Section that covers resisting arrest?
Chapter 266 and 32.
Explain resisting arrest chapter 268 section 32B.
Under this chapter in section and punishes an arrestee who uses force, threats or other dangerous methods to resist arrest. It also penalizes a person who prevents, or attempts to prevent the arrest of another.
What are the elements of resisting arrest?
The suspect knowingly prevent or attempted to prevent, a police officer was properly identify themselves, from affecting interest of the actor, or another person. By using force threat or risk of injury against a police officer or another that creates a substantial risk of bodily injury.
When is 260 section 30 to be a defense against the officer
Is the officer resorted to excessive force against the arrestee , Or is the officer lacked good faith for the arrest.
What is the basic legal standard for proper use of force?
For all arrests, a police officer may use reasonable force to make a lawful arrest when deescalation is not feasible, may use reasonable force was proportionate to the resistance of the arrestee.
When is the use of deadly force reasonable to resisting arrest?
The officer reasonably and currently fears imminent,death or bodily injury, for himself or another, there’s no substantial risk to bystanders, if possible the officer issues a verbal warning.
Do police have a duty to retreat?
Because officers have an obligation to protect their fellow officers in the public, retreat is not an option for an on duty officers facing a threat of violence. The question is whether the officer had reasonable options other than force.
What is needed for resisting arrest charges to occur?
Resisting arrest must occur at some point during the arrest process.
- The offender must know officers are making an arrest
- conduct before hand cuffing and verbal notification Can provide notice of arrest
- arrest ends with the subject submits to authority was placed in a secure location.
What is significant resistance for resisting arrest?
- Physically struggling with The police
- Stiffening or flailing arms to prevent cuffing
- Stiffening the body to prevent placement in Cruiser
- Using force in opposition to officers is resisting unless it is a passive, nonviolent protest.
What are some examples of things that are not sufficient to resisting arrest?
- Flight by itself is not resisting arrest, it has to be a substantial risk of injury.
- Refusing to emerge from the hiding Place apartment is not resisting arrest
- Mouthing off prior to an arrest is also not resisting
What is the defense “right to know” grounds for arrest?
An officer arrested a person and
- the officer refused to answer the question about the reason for arrest
- The officer answered untruthfully
- For the officer neglected upon request to exhibit the warrant for document authorizing the arrest.
What is the right of arrest for right to know grounds for arrest?
The right of arrest is a complaint. The penalty is a house of correction no more than one year, or a find $1000.
What chapter and section covers false arrest?
False arrest fall under chapter 263 section 2.
What are the elements for false arrest?
An officer arrested or detained a suspect and pretended to have legal process, or pretended to have a different legal process from the one that he had.
The charge for false arrest is what?
Is a complaint and the penalty is a house corrections no more than one year or a fine of no more than $1000.
What is a Chapter and Section for false information following an arrest?
Chapter 268 section 34A
What are the elements for false information following an arrest?
The suspect knowing and willingly, Furnish a false name, Social Security number, date of birth, home address, phone number, or any other information requested to identify the defendant
- to a law enforcement officer or official
- Following an arrest for post-arrest
What is the right of arrest for false information following an arrest?
There is no random arrest saying how the person is already under arrest. However the sentence for this offense shall run from and after any sentence imposed as an arrest.
What do police officers have to do to prove giving false information after arrest?
The police officer must prove the use of a false name but more importantly that is used for a dishonest purpose. This could include concealing one-sided identity to avoid being charged, a teen more favorable bail, avoid arrest on a warrant, or avoid prosecution. For example police officer fingerprinted a suspect and found fingerprints under the name he gave them as well as for arrest under a different name. This proved suspect gave a false name. Officers don’t have to prove his real identity.
What chapter and section does escape from police lock up fall under?
Falls under chapter 260 section 15A.
What are the elements for escape from police lock up?
Suspect is lawfully placed in a city or town lock up, and escaped
What chapter and Section deals with aiding escape from police custody?
Chapter 268 section 17
What are the elements in an escape from a police custody?
Suspect aided or assisted a prisoner in escaping or attempting to escape from lawful custody.
What is the charge or right arrest for escape from police lock up?
Arrest for breaching the peace and presents or a complaint. The penalties house of correction no more than 2 1/2 years and or fine of no more than $500
What is the right of arrest for aiding an escape from police custody?
The right of arrest is for arrest of breach of the peace in presence otherwise it’s a complaint. The penalty is house of corrections no more than two years, or find no more than $500.
CHAPTER 6
What is a Chapter and Section covers murder?
Chapter 265 section 1
What’s the definition of murder?
Second-degree murder is unlawful killing committed with malice. First-degree murder is the same plus factor for example to suspects premeditation, cruelty, for participation in a life Felony.
What are the elements of second-degree murder?
The suspect committed an unlawful killing, with malice.
What are the elements for first-degree murder
The prior elements of second-degree the suspect committed and out unlawful killing, with malice, deliberate premeditation, or extreme atrocity or cruelty, or commission or attempted commission of a crime punishable by life.
What is the rate of arrest for murder?
It’s a felony right of arrest. State penitentiary for life. Second-degree prisoner is eligible for parole after he serves 15 years. First degree result in life without parole.
What is the definition of an unlawful killing?
The term unlawful refers to the absence of justification.
What is the definition of malice?
Malice describes a particular mental state necessary for murder. Commonwealth versus great mentions three types of malice:
- an actual intent to kill the victim, or
- an actual intent to cause a victim grievous bodily harm, or -an act which a reasonable person would know it’s likely to kill another.
For murder The suspect must cause the victim’s death. What are some examples of this?
Passage of time, the defendant shot the victim in the neck render rendering him paralyzed, the defendant is guilty of murder even though the victim lived for five or more years before dying due to his injuries
- Weakness of victim is no defense and example of this is if an elderly person had pre-existing conditions that caused her demise the injury caused during the robbery contributed to the death as well.
- Fetus as a victim. Only viable fetus may be the suspect subject of murder or manslaughter. Viability is a point where the fetus is likely to survive outside the womb, or without medical support.
Review Massachusetts domestic violence orders chart
