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criminal law > Introdcution > Flashcards

Introdcution Flashcards

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1
Q

Society, through it government creates laws that guide citizen conduct. Criminal law defines __________ behavior and its potential consequences

A

Unacceptable

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2
Q

Protecting people from bodily harm, emotional harm, loss or damage of their property,public disruptions and possessing dangerous items such as narcotics and firearms is the purpose of ________ ______

A

Criminal Law

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3
Q

The three major sources of criminal law in Massachusetts are ______ ,________ ______ and _____________

A

Statues
Common Law
Regulations

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4
Q

_________ occurs when an offender acts unreasonably and risks harming another person, It also occurs when a person is actually harmed by the offenders failure to act when he has a duty to act reasonably

A

Negligence

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5
Q

Every criminal offense is composed of ________

A

Elements

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5
Q

________ _____ is a term that refers to a large body of decisions that judges have written to explain aspects of criminal law.

A

Common law

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5
Q

While the legislature passes laws in the form of statues, and courts write opinions that make up the common law, government agencies are the entities empowered to issue _________

A

Regulations

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5
Q

Intent cannot be proven ________ because there is no way of reaching into and examining the operations of the human mind

A

Directly

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5
Q

When an offender has a purpose or objective while committing a crime it is known as ________ _______

A

Specific Intent
(B&E with intent to commit a felony, It is not possible to look directly into a suspects mind but we can look at their actions and prove through circumstantial evidence the suspects intent)

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5
Q

Their are some offenses where the offenders intent is irrelevant these are _______ _______ crimes

A

Strict Liability
(example: statutory rape is a strict liability crime, no matter the intent as long as the person is under 16 it is still rape)

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5
Q

_______ are laws passed by the legislature that define specific and prohibited conduct.

A

Statues

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5
Q

When an offender has a ________ state of mind , he acts on purpose instead of by accident or thoughtlessly

A

Malicious

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5
Q

Even if a person is not trying to harm anyone, he still acts __________ if his behavior consciously disregards the potential risk or harm to another

A

Recklessly

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5
Q

By understanding the elements that make up various offenses, officers can asses whether a person conduct is _______

A

unlawful

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5
Q

Specific, malicious, general, reckless, negligent and strict liability are the six kinds of ______ recognized by the law

A

Intent

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5
Q

In our law _______ or state of mind of the suspect is an important consideration.

A

Intent
( Latin mens rea is required for all criminal criminal offenses with exception of certain minor charges)

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5
Q

_______ _____ exists if the defendant acted intentionally or knowingly even though, unlike specific intent, the defendant may not have fully conceived of a purpose for their conduct .

A

General intent
( Moreover it is not necessary that the defendant knew he was breaking the law, but its necessary the he intended the act to result in the offense. Voluntary and deliberate acts qualify, not accidental or negligent )

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6
Q

Intoxication from alcohol or drugs is never, by itself , a justification for committing a _________

A

Crime
(However it may be relevant in determining the level of the defendants culpability )

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6
Q

Public or police compassion for a person suffering from ______ _______ does not negate the responsibility for a crime

A

Mental illness
(The trial defense of not guilty by reason of mental illness shouldn’t be a consideration for an Officer. That can be determined later in court at post arraignment assessment by a psych expert )

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7
Q

In the field, Officers must use a ______ _____ method to charge a suspect with a crime.

A

Legally recognized
( There are three of these )

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7
Q

Knowing the elements of the various offenses also provides the officers with an understanding of what offenses are related. An officer will know the _______ _______ offenses

A

Lesser Included
(A crime is a lesser included offense of another if each of its elements are contained within the elements of the larger crime. Example: A&B is the lesser included offense of ABDW because the elements of A&B are included in the elements of ABDW)

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7
Q

An _______ _______ is issued by a judge or clerk magistrate. It authorizes officers to locate a suspect in Massachusetts, take him into custody and bring him to court for prosecution

A

Arrest Warrant

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8
Q

In many situations, Officers may _______ a person without a warrant. This decision is made by the officer without Judicial supervision.

A

Arrest

9
Q

Officers may also apply to a clerk magistrate for a _______ to bring an offender before the court.

A

Complaint
(The clerk will typically hold a show cause hearing in which the officer and accused present their version of the incident)

10
Q

274/1 defines a ______ as any offense punishable by a state prison sentence.

A

Felony
(A misdemeanor is any crime in which state prison time is not an option. Officers may conduct a warrantless arrest for any felony )

11
Q

Statue Past, statue present and Breach & Present are three varieties of _______

A

Misdemeanors

12
Q

This type of misdemeanor is where a statue specifically authorizes warrantless arrest for an offense, even if it wasn’t witnessed by the officer

A

Statue past
( An Assault during domestic violence is statue past. 209A/6 is warrantless arrest on probable cause)

13
Q

Some misdemeanors are governed by statutes that allow officers to make a warrantless arrest, but only if the offense occurs in their presence. These are type of misdemeanors are considered ______ _____

A

Statue Present
(Example: Stealing inexpensive property is this type of misdemeanor. 276/28 Warrantless arrest in presence )

14
Q

This misdemeanor requires officers apply for a criminal complaint in order to bring an offender to court UNLESS the offense amounts to a breach of the peace in the officers presence

A

Breach and Present
(This requires an officer apply for a criminal complaint in order to bring an offender to court unless the offense amounts to a breach of peace and is committed in the officers presence)

15
Q

An offense is considered in _____________ when he has direct knowledge, through sight, hearing or other senses that it is then and there being committed

A

Presence

16
Q

What is conduct that poses an immediate or potential harm to a person or the general public

A

Breach of the peace
(breach must at least threaten to have some disturbing effect on the public. Courts find hard to define )

17
Q

The most serious sanction, ___________. The defendant may be sent to either the house of correction (jail) or state prison.

A

Incarceration
(Jail sentences no longer then 2 1/2 years per offense or Life term in the state prison)

18
Q

_________ is a designated amount of time during which a defendant must avoid further legal trouble and in many cases successfully participate and complete various programs

A

Probation

19
Q

When defendants commit minor offenses for the first time, they may be given _________ ________ ______.

A

Continuance without finding (CWOF)
(This sanction is exactly like probation, except that for purposes of having an official record it is not viewed as a conviction. It allows the party to be punished but will not saddle them with a conviction which will hurt future employment)

20
Q

The ______ _______ _______ is a fee imposed upon conviction. Proceeds fund assistance programs

A

Victim witness assessment
($90 for a felony, $50 Misdemeanor and less for Juveniles)

21
Q

Under 280/6 a Judge may asses ______ _____ against a defendant as a condition of dismissal.

A

Court Costs
(The costs function as a lesser fine to resolve minor crimes)

22
Q

_________ refers to which court has the legal authority to conduct the trial of an offense

A

Jurisdiction

23
Q

Murder, Manslaughter, armed and unarmed robbery, rape, incest, cocaine and heroin trafficking,burglary, arson, bomb threats, extortion and perjury are all exclusivity heard in ______ _________

A

Superior Court

24
Q

Although the district court may exercise final jurisdiction over many felonies it is bared from imposing _______ _______ ______

A

State Prison Sentences
(They can only impose the HOC maximum of 2 1/2 years)

25
Q

State and federal government may ________ separate charges for identical conduct

A

Prosecute
(This is the Dual sovereignty doctrine. In Gamble Vs US. Gamble plead guilty to felon in possession of a firearm in a state charge. The Feds then indicted him on the same charge. He argued this was double Jeopardy under the 5th Amendment. It was not under the Dual Sovereignty doctrine.)

26
Q

_____ refers to the proper court for the trial of an offense

A

Venue
( Typically cases are tried in the territory where it occurred but certain crimes are more flexible venue for example 209A/2 venue can be where the crime occurred, where victim lived at time of crime or where victim currently resides)

27
Q

In the absence of _______ venue rule , the court must do whats fair

A

Specific
(This means the defendant should be tried reasonably close to home in an area where he ahs access to witnesses and evidence)

28
Q

The term _________ ___ _______ refers to the time period within which a prosecution must be commenced

A

Statue of limitations
(It is the maximum time that may pass between the crime and the defendants arraignment. Its purpose is to protect individuals from having to defend themselves against old accusations. It encourages law enforcement to promptly investigate)

29
Q

One statue of limitations rule involves sexual assault cases where the victim is under _____ at the time of the offense

A

16
(The statue of limitations begins only after a report to law enforcement, or the date the victims 16th birthday, whichever happened first)

30
Q

Another rule about statue of limitations is that any time the suspect spends outside the _________ does not count

A

Commonwealth
(This rule applies to any defendant regardless of purpose for leaving the state. Any period during which the defendant is not usually and publicly a resident within the Commonwealth shall be excluded in determining the time limited)

31
Q

The indictment or complaint begins _________ for the purpose of statue of limitations

A

Prosecution
(A complaint APPLICATION is insufficient)

32
Q

A _____ profile can be indicted for purpose of statue of limitations

A

DNA
(Comm Vs Dixon: The Commonwealth was able to get a DNA indictment from a rape within the statue of limitations for a perpetrator identified as John Doe. John Doe had a physical description and a DNA profile. When it was later found to be a Jerry Dixon he argued that he it was past the statue of limitations. SJC allowed Dixons case to go forward because the original indictment accused a clearly identified individual within the proper time frame)

33
Q

The defendant must assert the limitations period _______; otherwise the defense is forfeited

A

expired

34
Q

What is the statue of limitations for Murder

A

No limitation
(Prosecution is never barred by the passage of time. Ironically conspiracy to commit murder has only a 6 year limitation period because it is not mentioned in the statue)

35
Q

Certain Child sexual offenses such as Indecent A&B on Child under 14, Reckless endangerment of a child under 18, Rape, Assault with intent to rape etc have what statue of limitations ?

A

No limitations (But corroborating evidence required after 27 years)

36
Q

Special corroboration required when certain sexual child offenses are more then ______ years old

A

27
(The indictment must independently corroborate the victims allegations. Opinions of mental health professionals alone are insufficient. Comm vs Buono : Defendants statement to an acquaintance that he would not let it happen again was enough corroborating evidence of a sexual assault)

37
Q

What is the statue of limitations for Rape (of an adult) , Assault with intent to rape (adult) and sex trafficking ?

A

15 years

38
Q

What is the statue of limitations for Robbery and incest

A

10 years

39
Q

What is statue of limitations for the majority of offenses ?

A

6 years

40
Q

The _________ _________ doctrine holds that two offenses are not the same when prosecuted by state and federal authorities based on their different interest and perspectives

A

Dual Sovereignty
(Example: Gamble vs US: Gamble plead guilty to a felon in possession of a firearm, a state charge. He was then indicted on the same offense under federal law. This was not considered double jeopardy)

criminal law (11 decks)

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