66-25 Level 1 Version 1 Flashcards
80 questions (109 cards)
1
Q
What is the right of arrest for the offense of identity fraud?
A
(M) arrestable on probable cause.
2
Q
Most common example of parental or relative kidnapping
Child under 18 and relative, without lawful authority, held or intended to hold the child permanently or for a protracted period of time; or
took or enticed the child from his or her lawful custodian.
A
The right of arrest for this is breach of peace, in presence (M)
3
Q
MGL’s 269 and 140
A
Laws concerning firearms and weapons
4
Q
Statutes
A
written laws enacted by legislatures that define specific, prohibited conduct
5
Q
There is a charge called “shoplifting by asportation.” What does that mean?
A
Asportation means “to take and carry away.”
6
Q
What’s the right of arrest for assault?
A
Breach of peace, in presence (M)
7
Q
Right of arrest for assault or assault and battery with a hypodermic needle
A
Felony
8
Q
The statute of limitations for most crimes in Massachusetts is….
A
6 years
9
Q
Burglary
266 s 15
A
ELEMENTS
B&E. The suspect:
Breaks and enters with intent to commit a felony; OR
Enters with intent to commit a felony and then breaks into;
Dwelling. A dwelling house;
Night. In the nighttime; and
No weapon or assault.
The suspect:
Is not armed with a dangerous weapon while in the house; AND
Does not assault a lawful occupant.
Right of arrest Felony
10
Q
Actual larceny by check
A
The suspect-with intent to defraud-wrote, cashed, or uttered, any check or order for payment;
To a bank or other financial institution;
With the knowledge that there were insufficient funds.
Right of arrest $250 and under…..Complaint
Over $250….(M) arrest on probable cause
$1200 and more……Felony
11
Q
B&E Daytime//Entering a dwelling at night without breaking
266 s 18
A
ELEMENTS (Scheft 31-14)
Entry Method. The suspect:
Enters without breaking in the nighttime; OR Breaks and enters in the daytime.
Building, vessel, vehicle.
Intent. With the intent to commit a felony;
No Fear. No person lawfully inside is “put in fear.”
ROA Felony
12
Q
What is a “shod foot” and when is it considered a dangerous weapon?
A
A shod foot is a foot with a shoe on it. It is considered a dangerous weapon if it is capable of causing greater injury than an unshod (bare) foot.
13
Q
Armed robbery statute of limitations
A
10 years
14
Q
Examples of privacy precautions
A
Examples include a fence, walls, locked gates, or doors.
15
Q
SBI
What is the definition of serious bodily injury?
A
It is defined as “bodily injury that results in: (a) a permanent disfigurement; (b) loss or impairment of a bodily function, limb, or organ; or (c) a substantial risk of death.”
16
Q
True or false?: In order to charge armed robbery, the suspect has to use a per se dangerous weapon.
A
False. Ordinary items can be a dangerous weapon when considering armed robbery.
17
Q
The most common example of an assault and battery is….
A
a hit or a push.
18
Q
In Massachusetts, statutes are gathered in…..
A
Massachusetts General Laws (MGL’s).
19
Q
TRUE or FALSE??
All B&E’s are felonies.
A
FALSE! B&E with intent to commit a misdemenaor is a misdemeanor, arrestable in presence, breach of the peace. This primarily applies to the homeless person seeking shelter.
All other B&E’s are felonies
20
Q
With serious bodily injury, does a scar count as a “disfigurement”?
A
YES!
21
Q
What kind of offense is punishable by a state prison sentence or death?
A
Felony
22
Q
What age is required to be an “elder” when speaking of assault and battery on an elder?
A
60 and older
23
Q
Definition of assault
A
The suspect intended to commit a battery, which involved touching the victim in a harmful or unpermitted way; took some overt action; and came reasonably close to committing a battery (a swing and a miss)
OR
The suspect intentionally engaged; in menacing conduct; that caused the victim to fear an imminent battery.
Remember…Verbal threat alone is insufficient. A verbal threat to do harm becomes an assault when accompanied by some outward gesture.
24
Q
Unarmed assault with intent to rob or steal
A
Whoever:
Not being armed with a dangerous weapon;
**Assaults another with force and violence;
With intent to rob or steal.
ROA Felony
This charge is used for the S who assaults a V with intent to rob or steal, but does not complete the crime.
25
Police officer's rights of arrest (WAC). These are the three ways to charge a suspect with a crime.
**(W)arrant **- Issued by a judge or clerk magistrate
**(A) rrest**
**(C)omplaint**
26
Enter Building without Break at Night; Aggravated B&E Daytime 266 s 17
ELEMENTS
Entry Method. The suspect:
Enters without breaking in the nighttime; OR Breaks and enters in the daytime.
Building, vessel, vehicle.
Intent. With the intent to commit a felony;
**Fear. The owner or any other person lawfully inside is “put in fear.”**
**FELONY**
27
# **Name the crime and its right of arrest**
A victim reported that around 12:00 AM, he was "jumped" on Main St. by four suspects (2 BMs, 1 WM, 1 AF, teenagers) as he was walking home after buying pizza from Papa Gino's. He stated one of the suspects brandished a screwdriver and took the victim’s iPhone 13, wallet, and credit card.
Armed robbery. It's a felony
28
Right of arrest for all felonies
All felonies are arrestable, either on probable cause or in presence
29
Accomplice (also known as "aider" or "abettor")
Must intentionally and meaningfully participate in the crime while having the criminal intent necessary to commit the particular crime. This is also referred to as "joint venture"
30
How are stalking and criminal harassment similar?
**Target may be anyone. No need to show a special relationship.
**Malicious.
**At least 3 incidents. Acts must be distinct and separated by some interval. Exposure to incidents may occur at one time.
**Substantial emotional distress.
## Footnote
**Substantial emotional distress is something markedly greater than the level of uneasiness, nervousness, unhappiness or the like which is commonly experienced in day-to-day living.
**Harassment victims and stalking victims are eligible for Harassment Protection Order under MGL 258E.
31
What is the "tender years doctrine"?
Young children should not accompany a stranger without the explicit knowledge of their parent or guardian. Here, the victim is 13 years old or under
32
How does burglary differ from aggravated burglary?
Aggravated burglary requires:
An occupant inside the dwelling house during the course of the burglary. **AND**
Arms himself with a dangerous weapon before going into or while inside the dwelling **OR**
Assaults a lawful occupant inside.
| Pay attention to the "and" // "or"
33
# This does not include per se weapons
What is a “dangerous use” weapon?
A normal item which becomes a weapon when used in a dangerous fashion.
34
Carrying a dangerous weapon
**Type 1: Per se dangerous weapon**
The suspect knowingly carried on his person or under his control in a vehicle;
One of the 17 listed per se dangerous weapons (knives/martial arts/misc)
**Type 2: Non per se weapon possessed during arrest**
The suspect was arrested:
** on a warrant for an alleged crime; or
** without a warrant for a crime involving a breach of the peace; AND
** at the time of his arrest, the suspect had on his person or under his control in a vehicle;
** a billy club or other dangerous weapon that is not mentioned or otherwise punishable under 269 s 10
Right of arrest Felony
35
A "lesser included offense" is.......
An offense whose elements are a subset of the elements of the charged offense.
| Example: Assault is a lesser included offense of A&B
## Footnote
Example: Larceny from the person is a lesser included offense of robbery.
36
Larceny is another word for....
stealing.
37
What is the right of arrest for an assault and battery committed on a victim with an active restraining order against the defendant?
It is a felony
38
The rights of arrest for larceny
If the suspect steals property valued in excess of $250: Warrantless arrest on PC (misdemeanor)
If the value of property stolen was valued at over $1200, or a firearm, or trade secret, then it’s a felony.
If the suspect steals property valued at $250 or less: Warrantless arrest in presence (Misdemeanor). Otherwise, complaint.
Any time a police officer witnesses a theft, warrantless statutory arrest powers apply (misdemeanor, in presence).
NOTES
If victim is 60 or older, or disabled, and if value of property is over $250 Felony
If victim is 60 or older and value of property is $250 or less Misdemeanor
39
MGL Chapter 272
Laws concerning public order
40
Every criminal offense is composed of.......
Elements
| Elements include actions, motive, & outcome.
41
When thinking of burglary, what is the definition of "nighttime"?
One hour after sunset and one hour before sunrise the next day
42
A misdemeanor is an offense....
NOT PUNISHABLE by a state prison sentence.
43
Stalking and criminal harassment are identical charges, except stalking involves a ..........................
threat
44
Kidnapping
**Unlawful.** Without lawful authority;
**Intentional.** The suspect intentionally:
Type 1: Forcibly or secretly confined another person against his will; OR
Type 2: Inveigled (lured or enticed by false representations) another person with the intent to forcibly or secretly confine him against his will.
RIGHT OF ARREST: FELONY
Note
“Confine” means to enclose within bounds or restrict. Any restraint of a person’s liberty is confinement.
45
Fraudulently Procuring Food or Accommodations for Credit 140 s 12
2 Types
Type 1: Procuring from a Hotel or Motel
Without paying, the suspect obtained food, entertainment, or accommodations from a hotel, motel, or other lodging house;
With the intent to cheat or defraud the owner (unless, at the time, the suspect had an express agreement for credit)
Type 2: Procuring from a Restaurant
Without paying, the suspect obtained food and/or beverage from a “common victualer” ( a licensed restaurant);
With the intent to cheat or defraud the owner.
Right of arrest: Misdemeanor arrestable as a breach of peace, in presence. Otherwise, complaint.
46
How is a threat to commit a crime different from an assault?
Threat to commit a crime is words, either verbal or written. An assault is a threat accompanied by an overt gesture putting a person in fear of a battery. Remember, a battery is “touching a person in a harmful or unpermitted way.”
47
# Scenario of armed assault in a dwelling house
Notice in the following example the S entered a dwelling, while armed, assaulted someone, and had a specific intent to commit a separate felony.
Two victims ran in a bedroom and held door shut after suspects smashed door with baseball bat. Suspects then forced their way into room, threatened victims, and stole pills from the victims.
## Footnote
Mandatory minimum of 5 years
48
What is the right of arrest for assault and battery on a pregnant woman?
Felony
49
A&B public employee
* Assault and Battery
* On any public employee
* Person must be engaged in the performance of duty at the time of the assault
Right of arrest (M) Breach of peace, in presence
Note
A felony if the A&B includes an attempt to disarm a police officer in performance of his/her duty
50
In cases of domestic violence and charging assault or assault and battery on an intimate partner, do you use 265 s 13A or 265 s 13M? And what is meant by intimate partner?
You charge 13M. An intimate partner means the victim:
* is or was married to the offender; or
* had a child in common with the offender, regardless of whether they were ever married or lived together; or
* is or was involved in a substantive dating or engagement relationship
51
In what two situations does Parental or Relative Kidnapping become a felony?
a. **if the child under 18** is exposed to danger OR removed from the Commonwealth.
b. **the incompetent or other person ("entrusted by authority of law to the custody of another person or institution")** was exposed to danger.
52
MGL Chapter 266
Laws concerning property crimes
53
Principal
Actual perpetrator of the crime
54
Would possessing a fake gun qualify as being armed for robbery?
Yes
55
In Massachusetts, the **collection of statutes** are known as?
Massachusetts General Laws (MGLs)
56
Maximum possible sentence to State Prison?
Life sentence
57
Attempted larceny by check
The suspect-with intent to defraud-wrote, cashed, or uttered, any check or order for payment;
To a bank or other financial institution;
With the knowledge that there were insufficient funds.
Right of arrest Complaint only
58
Definition of "in presence"
An offense committed within the presence of an officer...when he has direct personal knowledge, through his sight, hearing, or other senses that it is then and there being committed.
59
Carjacking
The defendant has the intent to steal a motor vehicle and does one of the following:
assaults, confines,
maims or,
puts any person in fear
For the purpose of stealing a motor vehicle.
ROA Felony
## Footnote
****There is no requirement that the suspect takes possession of the car.
****No weapon necessary
****This crime is technically entitled "“Assault, Confinement, etc of person for purpose of stealing motor vehicle”
60
With receiving stolen property, there are common-sense factors that prove the suspect knew the property was stolen:
1. carrying goods in a suspicious manner
2. Suspect paid unrealistically low price for the goods
3. Suspect accepts only cash for goods
4. Markings (like price tags) indicate true ownership of goods.
5. Implausible (not believable) explanation for source of goods
6. Suspect has prior record for similar offenses
7. Possession of many stolen items
8. Possession of recently stolen property
9. Fleeing the scene and discarding items
61
Basic shoplifting
**Intentional.** The suspect intentionally;
**Six prohibited acts.** Engaged in one of six prohibited acts:
**Take. **Took, carried away, transferred, or caused to be carried away or transferred; or
**Conceal.** Concealed upon his person or otherwise; or
**Manipulate price tag.** Altered, transferred, or removed price tag(s) and attempted to purchase alone or in concert with another for less than the retail value; or
**Switch container.** Transferred from one container to another container; or
**Ring up false price.** Recorded less than the actual retail value; or
**Remove shopping cart.** Removed a cart from premises without merchant’s consent.
Right of arrest (M) arrestable on probable cause
Remember: a merchant or employee's statement gives you probable cause to arrest. If goods are over $250, you can charge larceny.
62
Receiving stolen property
**Stolen or fraudulently obtained.** The suspect possessed property that was originally stolen, embezzled, or obtained by fraudulently pretending to be a legitimate business;
**Knowledge.** The suspect knew that the property was stolen or fraudulently obtained; and
**Possession. **The suspect bought, received, possessed, or aided in its concealment.
**Rights of arrest**
If value of goods received over $250 or 2nd offense regardless of value: Warrantless arrest on probable cause
If value of goods $250 or less: Complaint and confiscate stolen property (M)
NOTE: This offense becomes a felony when it is a 2nd or subsequent offense, regardless of value, or the value of the property is more than $1200.
63
The 5 ways that property owners communicate to the public the areas that are off limits:
1. Posted sign 2. Verbal ejection 3. Privacy precautions 4. No trespass notice 5. Court order
64
What are the two types of accessories?
1. Accessory before the fact
2. Accessory after the fact
65
Which two (2) courts impact lawful police action in Massachusetts?
1. The Massachusetts Appeals Court
2. Supreme Judicial Court
66
# ****Name the crime and its right of arrest
The victim stated that the male's name is Bill. The victim stated that "Bill" comes in the store all the time, and on today's date he was speaking loudly at the customers and employees. The victim stated that his behavior has been getting worse and that Bill stated he was "going to shoot everyone here" today. What crime has Bill committed and what is its right of arrest?
Threat to commit a crime. Right of arrest is complaint only.
67
For the crime of parental or relative kidnapping, what is a "child" defined as?
Under age 18
68
Four elements of burglary, in order?
1. Breaking
2. Entering
3. Dwelling
4. Nighttime
69
# **TRUE or FALSE?**
With assault and battery by means of a dangerous weapon, the weapon must come into contact with the victim.
True
70
The two types of dangerous weapons are?
Per se and dangerous use
71
Entry
The unlawful making of one's way into a building or vehicle
72
Larceny from a person
The suspect took and carried away;
Money or property which may be the subject of larceny;
From a person or that person’s immediate control;
With the intent to permanently deprive that person.
Right of arrest Felony (regardless of value)
Note
“Control” covers areas within victim’s reach, inspection, and observation.
73
# Remember! S has to have specific intent to commit a separate felony
**Entry.** The suspect entered a dwelling;
**Armed.** While armed; and
**Assault.** Committed an assault on someone in the dwelling; and
**Intend felony.** Had the specific intent, accompanying the assault, to commit a separate felony.
Armed assault in a dwelling house
74
Breaking
Moving anything that bars the way into a building or vehicle
75
# Kidnapping and confinement
The most common kidnap occurs when.....
a suspect forcibly or secretly **confines** another person against his will.
76
Unarmed robbery
**Force or fear.** The suspect by force or fear;
**Theft from person.** Took money or property from victim or the victim’s immediate control.
Right of arrest
**FELONY **
77
MGL Chapter 265
Laws concerning crimes against the person
78
A dwelling is a ......
place where people live.
79
# A "child" when speaking of assault and battery
A "child" victim, when speaking of the crime of assault and battery, is what age?
Under age 14
80
Rights of arrest for misdemeanors
**Misdemeanor--In presence, breach of the peace**
**Misdemeanor, in presence**
**Misdemeanor, probable cause**
## Footnote
Misdemeanor, probable cause
81
Accessory before the fact
The defendant is accused of being an accessory to a felony before the felony was committed.
| Dan gave a gun for Jon to rob a store. He hired Tim to drive the car.
82
When does larceny become a felony?
If the value of property stolen was valued at over $1200, or a firearm, or trade secret.
83
In cases of domestic violence and charging assault or assault and battery on family and household member, do you use 265 s 13A or 265 s 13M? What is meant by "family and household member"?
You charge 13A. "Family and household member" means the victim is or was:
* related by blood or marriage; or
* living with the offender in the same household.
84
Possession of a burglarious tool
**Knowingly possess.** The suspect made, mended, or knowingly possessed;
**Tool.** A tool, machine, or motor vehicle master key;
**Designed to break depository. **
Designed to cut through or break open a building, room, vault, motor vehicle, or other depository; and
Intent to break and commit crime. Which the suspect possessed with the intent to break into a depository-or to allow someone else to-for the purpose of stealing or committing any other crime.
Right of arrest Felony
**NOTES**
Tool must be man-made
85
Assault and battery to collect a loan
Felony
86
Armed assault with intent to rob or murder
Elements
**Armed.** Suspect armed with a dangerous weapon; and
**Assaults.** Assaults another;
**Intent.** With the intent to rob or murder.
**ROA ** Felony
| This charge is used for the** armed** S who assaults a V with intent to
87
When is shoplifting charged as larceny from a building?
Never
88
MGL Chapter 138
Alcohol crimes
89
What are the 3 main elements of attempt to commit a crime?
1. Specific intent
2. Overt act
3. Fail to complete
90
Definition of battery
Touching a victim in a harmful or unpermitted way
91
Give one example of a per se dangerous weapon
Any of the following sixteen: brass knuckles, blackjack, blowgun, slungshot, stiletto, dagger, ballistic knife, dirk knife, double edged knife, switch knife, nunchaku, shuriken, cestus, zoobow, manrikigusari, leather armband with metal spikes, or a case which enables a knife to be drawn in a locked position
92
Statutes of limitations
Statutes of limitations require criminal charges be filed within a specific number of years from the original date of an offense. It is like an expiration date on a legal claim.
93
MGL Chapter 209A
Domestic violence laws
94
How does *B&E daytime* differ from *Aggravated B&E daytime*?
With aggravated B&E daytime, any person lawfully inside is "put in fear."
95
Trespass after Notice 266 s 120
Elements
Without right. The suspect entered or remained without right;
Property of another. On or in the dwelling, building, boat, improved or enclosed land, wharf, or school bus of another;
Notice. Even though a person with lawful control had forbidden the suspect’s presence:
Directly; or
With a posted notice; or
Through a 209A, s 3 and 4, or 208 s 34B court order (order to vacate marital home).
Right of arrest: Misdemeanor arrestable in presence.
96
Common Law is also referred to as?
Case Law
| Unwritten laws based on legal precedents established by the courts.
97
Mayhem
The suspect maliciously intended to maim or disfigure; AND
Committed one of the following acts to the victim:
Cut out or maimed the tongue;
Put out or destroyed an eye;
Cut or tore off an ear;
Cut, slit, or mutilated the nose or lip; OR
Cut off or disabled a limb or member of the victim
ROA Felony
Remember: Specific intent crime!!!
98
# **Name the crime and its right of arrest**
The victim (age 61) stated the suspect smacked her across the face.
Assault and battery on an elder. It is a felony
99
Definition of "breach of the peace"
Conduct that poses immediate or potential harm to a person or the general public.
100
What is the right of arrest for assault and battery involving strangulation or suffocation?
Felony
101
True or false?
Larceny from a building is only a felony if the property stolen is worth over $1200.
False. It is a felony, regardless of the property's value.
102
What's the right of arrest for threat to commit a crime?
Complaint only
103
“Caller states he was trying to fire an employee. States employee became irate and threw a punch at the caller. The punch did not land. Suspect then fled on foot.”
Crime? Assault
M/F? Misdemeanor
ROA? No right of arrest
Why/ why not on arrest? It did not happen in your presence
104
True or False: A misdemeanor is an offense punishable by a state prison sentence?
False
| NOT PUNISHABLE by a state prison sentence.
105
Can any part of the body be a dangerous weapon?
No
106
What is the right of arrest for criminal harassment?
It's a misdemeanor with an arrest on probable cause.
107
Mens reus
The mental state **(intent)** of the offender.
108
Armed robbery
**Weapon.** The suspect was armed with a dangerous weapon when he;
**Force or fear.** By force or fear;
**Theft from person.** Took money or property from the victim or the victim’s immediate control.
Right of arrest: **Felony**
109
MGL 94C
Drug and narcotic crimes
