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Criminal Law Flashcards

(50 cards)

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1
Q

Direct Evidence

A

(Most Powerful)

Straight Forward (Videos, Witness)

Personal knowledge or observation

Proves fact without inference or presumption

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2
Q

Physical Evidence

A

Anything you can pick up at the scene

Tangible may be direct or circumstances

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3
Q

Circumstantial Evidence

A

Easily inferred evidence

times, locations

don’t necessarily see

Where were you at this time?

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

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4
Q

Spontaneous Utterance

A

Something that just happened or is currently happening

911 calls they say something is happening “ Right Now”

  • heat of the moment
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5
Q

Testimonial Evidence

A

Statements made directly to police

Written Statements

Interview Interrorgation recordings

May be direct or circumstantial

Statements made by victims, witnesses suspects or police

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

Spontaneous utterance - heat of moment or immediately after

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6
Q

Exculpatory Evidence

A

Must show evidence that could exonerate defendent

Ex. Document witnesses that do not want to cooperate

Ex. Not showing a video because it shows self defiance

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7
Q

Direct Testimonial Evidence

A

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

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8
Q

Circumstantial Testimonial Evidence

A

Suggest other facts from which reasonable inferences can be drawn

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

need people to testify

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9
Q

Relevance

A

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

The fact is of consequence in determining the action

Logical connection between evidence and fact its trying to prove

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10
Q

Reliability

A

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

Physical evidence that has been tampered with is not reliable

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

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11
Q

Criminal Intent

A

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

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12
Q

General Intent

A

Offender knowingly acts

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13
Q

Defacement of Property

A

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

Intentionally

Either willfully with malice or wanton (reckless)

Property owned or possessed by someone else

3x the price of what’s damage

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14
Q

trespassing

A

Right of Arrest :Presence or Warrant

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

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

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15
Q

Conspiracy

A

Agreement bewtween two or more people to do something unlawful

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16
Q

Motive

A

Motive not essential to prove a crime was committed

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17
Q

Types of Intent

A

Accident

Knowlingy

Malice

Negligent - less than reckless

Reckless - careless/ dangerous

Wanton

Willfull

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18
Q

2 Crime Classification

A

Felony - Crime punishable by confinement in state or death

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

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19
Q

Status of Limitations

A

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

most crimes in MA are 6 years

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20
Q

Statues of limitation Tolled

A

Pressing the pause button on timeline

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

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

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21
Q

Responsible Parties

Study These Flashcards
A

Principals- Person who actually commits crime

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

22
Q

Accessory before the fact

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A

Crime committing

  1. encourge
  2. procure
  3. help
23
Q

Accessory after the fact

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A

Someone who helps you get away with it

can’t be a blood relative

24
Q

Assault & Battery

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A

Attempted battery or threat of battery

immeditly threaten battery

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

25
A & B against specific people / aggravated assault and battery
Felony
26
Robbery
A larceny from a person by force and violence or by assault and putting in fear depriving of something Armed robbery with a weapon
27
Difference between larceny of a person and robbery
Robbery - "takes money or property while victim has a protective concern" Fear would a reasonable person be in fear Larceny from person Ex. Pickpocket
28
Criminal Harrassment
Enough to cause person significant distress Some kind of relationship between defendant and victim
29
Stalking
1. Knowlingly over a period of time 2. reasonable person would be in emotional stress 3. caused person to be alarmed or annoyed 4. Suspect took the action willingly and maliciously 5. Fear or death or bodily injury Difference is the _threat_ with criminal harrassment
30
Annoying or Obsene Communication
_Telephone calls_/ _Obscene communication_ 1. Contacted victim more than 3 times 2. Suspect used indecent or obscene language Court must prove that caller is the suspect
31
Threats to commit crime
1. Expressed on intent to injure a person or property of another now or in the future 2. intended threat conveyed to victim 3. Injury that was threatened would constitute a crime 4. Threat under circumstances that the actions could realistically take place warrant 209a allows an arrest because of abuse act
32
Larceny rights of arrest
Stealing of property from someone Felony if property is a firearm or more than warrantless _in presence_ if property is less than 1200 warrentless with probable cause if value is over 250 and victim is over 60 or a person with disabilities
33
Identify fraud by posing as another
1. Posed as another person 2. doing so without that person express authorization 3. Used that person's identifying information \*to obtain goods \* to harass another person 4. Did so with the intent to defraud warrentless with probable cause
34
Identity fraud How long does officer have to provide incident report
24 hours
35
Organized felony shoplifting
1. 2 or more people 2. within 6 months 3. more than 2,500 aggravted if more than 10,000
36
Shoplifting
1. Intentionally took retort merchandise arrestable with probable cause probable cause if merchant says it if cost is _More than $250_ police can charge for larceny warrentless with probable cause
37
Receiving Stolen Property right of arrest
Misdemeanors if less than $1200 Or first offence Felony if more than $1200 or second offence Warrentless with Probable cause if value exceeds $250
38
Breaking (constructive breaking)
Exerting force to remove an obstruction and gaining entry open window doctrine anywhere you shouldn't be normally going through entering under false pretenses
39
Breaking & Entering 5 key elements
A. Breaking B. Entering C. Premises D. Nighttime E. Intent Intent to commit misdemeanor Intent to commit Felony
40
Nighttime
Begins 1 hour after sunset and ends 1 hour before sunrise the next day
41
Difference between B & E and Burglary
Burglary - Dwelling only B & E basically anything
42
Home Invasion
A. Enters with a dangerous weapon B. Knowing one or more people are inside or doesn't but stays once they findout C. uses or threatens the imminent use of force inside on people inside \*not arming themselves while inside Felony
43
Wanton
Reckless
44
Resisting arrest not if
Not resisting if the person does not know its a cop person runs away doesn't count has to be a threat to officer or someone else yelling doesn't count post arrest + does not count
45
Disorderly Conduct
Fighting or Threatening violent behavior or tumultuous behavior created hazardous situation or private like fair grounds Riotess commotion that incites bad intentions
46
Firearm
Stung in or pistol
47
Difference between shotgun or rifle
Shotgun. 18' barrel length Rifle. 16'' barrel length Firearms barrel is less than 16''
48
Firearm Posession 4 elements
1. _Must prove that the person had some kind of control_ 2. Suspect posed items 3. Item is a firearm 4. Suspect did not have valid firearm is or does not qualify for one of the exemptions
49
Large Capacity Firearm
Firearm, Rifle or shotgun 1. semiautomatic with fixed large capacity feeding device or.. 2. _capable_ of receiving any detachable large capacity feeding device _or_ 3. Employs a rotating cylinder capable of accepting more than _10 rounds_ of ammo in rifle or firearm and more than _5 shotgun shells_ in shotgun or firearm - assault weapon
50
Probable cause when to release
No longer than 12 hours or when the person's no longer incapacitated

Criminal Law (1 decks)

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