Criminal law

Question 1

Define breach of peace

Answer 1

Conduct that poses an immediate threat or potential harm to a person or the general public.

Commonwealth v. Grise (1986)
“Disturbing effect” on public 

Question 2

Define “in presence”

Answer 2

Virginia case – Gallagher V.Commonwealth (1933)

“An offense committed in presence of an officer“

– Direct personal knowledge
– Through site, hearing, or other senses
– That is then and there are being committed 

Question 3

How much is the victim witness assessment? 

Answer 3

$90 for a felony
$50 for a misdemeanor

Question 4

What is the dual sovereignty doctrine?

Answer 4

Holds that two offenses are not the same when prosecuted by state and federal authorities 

Question 5

What is the venue rule? 

Answer 5

Charges must be heard by the court in the territory with a crime occurred

• in the absence of a specific venue rule, the court must do what is fair
  > the defendant should be tried close to home with access to witnesses and evidence 

Question 6

Define statute of limitations 

Answer 6

Refers to the time period within which a prosecution must commence
-sexual assault with a victim under 16, statute of limitations begins after 1. A report to law-enforcement or2. After the victim 16th birthday 
Time does not count if the suspect is out of state
An indictment or issued complaint, begins the prosecution

Question 7

What is the statute of limitations for murder?

Answer 7

There is no time limitation

Question 8

What is the statute of limitations for child sex crimes?

Answer 8

There is no limitation, but corroborating Evidence is required after 27 years

Question 9

What is the statute of limitations for certain adult sex crimes, including rape, attempted rape, and trafficking?

Answer 9

15 years

Question 10

What is the statute of limitation for certain domestic assaults, robbery, and incest?

Answer 10

10 years

Question 11

What is the statute of limitation for prostitution?

Answer 11

One year

Question 12

What is the statute of limitation for all other misdemeanors?

Answer 12

Six years

Question 13

What are the two types of offender roles?

Answer 13

1. Principal – the main actor – one who pulls the trigger, steals the ring, sells the drugs, etc.. m
2. Accomplice – those who help the principal complete a crime – are to be judged as responsible as the principal 

Question 14

What are the elements of an accomplice?

Answer 14

1. Intentional participation – the suspect must intentionally and meaningfully participate in the crime. (planning, encouraging, being a lookout, assisting, escape.)
2. Criminal mindset – while having the criminal intent to commit the particular crime.

Question 15

Accessory after the fact (MGL 274/4)
– Element
– Right of arrest
– Penalty

Answer 15

Element:
1. Knowledge of felony – must no felony occurred.
2. Assisted – knowingly, Harbored, concealed or assisted.
3. Felon – and identifiable, felon, or accomplice
4. With intent to avoid an arrest or trial.
Right of arrest - felony
Penalty state prison, no more than seven years 

Question 16

Who is protected under the relative defense?

Answer 16

1. Husband or wife.
2. By blood, marriage, or adoption.
   -Parent or grandparent
   -Child or grandchild
   -Brother or sister
3. Of the felon.

Question 17

Attempt to commit a crime (MGL 274/6)
-Elements
-right of arrest 
- penalty 

Answer 17

1. Specific intent – to commit the crime.
2. Over act – towards its commission.
3. Failure – did not complete crime because his effort failed or was interrupted.
   RoA - attempted felony – +5 years in state prison- felony
   Attempt a felony -5 years and state prison -complaint 
   Larceny under – warrantless arrest in presence 

Question 18

What are the two types of overt acts?

Answer 18

Last act – the wrong door commits the last act necessary to completely intended crime, but, for some reason, such as bad aim or bad luck, fails to perpetrate the crime

Interrupted act – this offender fails to complete the crime because he is intercepted by police or another third-party

Question 19

Conspiracy (MGL 274/4)
– Elements – right of arrest – penalty

Answer 19

1 in agreement between two or more people to do something unlawful

Roa- if the object of the conspiracy is a felony – felony. If the object of the conspiracy is a misdemeanor – complaint.

Penalty – felony punishable by life 20 yrs
Felony punishable by 10 years - 10 years
Felony punishable by less than 10 years – SPNMT5 years
Any other crime – HC 2.5 years 

Question 20

What is bilateral in unilateral conspiracy?

Answer 20

Bilateral conspiracy requires that the agreement involve at least two like-minded criminals under a unilateral conspiracy, a crime is committed when one person agrees to proceed with anyone, even an undercover officer

No unilateral conspiracy in mass 

Question 21

What is the difference between an accomplice and a conspirator?

Answer 21

An accomplice must meaningfully participate in the crime, but does not have to agree with the principal in advance and contrast conspiracy requires an agreement to work together, but not a completed crime

Question 22

Solicitation of a felony (MGL 274/8)
Elements – right of arrest – penalty 

Answer 22

1. Solicit, advised, or otherwise enticed another to commit a felony, including murder and.
2. Intended for the person to commit, or arrange for another to commit the felony

If solicited defense is punishable by state prison more than 10 years - felony
Punishable by less than 10 years - complaint



Question 23

What are the three varieties of misdemeanors? (rights of arrest.)

Answer 23

1. Statute past – authorizes warrant arrest for an offense, even if the officer did not witness it. (Domestic )
2. Statute present – arrest allowed , but only if Officer witnesses the crime.
3. Breach and present – officer must apply for complaint unless the offense amounts to a breach of peace.

Question 24

What is the definition of a felony?

Answer 24

Any offense punishable by a state prison sentence.

Officers may conduct a warrantless arrest for any felony, even if it occurred in the past

Question 25

What are three legally recognized methods to charge a suspect?

Answer 25

1. Warrant – issued by a clerk or judge. 2. Arrest. 3. Complaint – applied for through a clerk magistrate. 

Question 26

What are the six types of intent?

Answer 26

1. Specific – offender has a purpose or objective. 2. Malicious – a thunder has a malicious state of mind, on purpose. 3. General – standard applied to most crimes. The defendant acted intentionally or knowingly. 4. Reckless – conscious disregard for risk of harm to another. 5. Negligence – offender acts unreasonable, or fails to act. 6. Strict liability - offender intent is irrelevant. (statutory rape.)

Question 27

How are regulations defined?

Answer 27

Government agencies are empowered to issue regulations. An example is the registry of motor vehicles.

Question 28

Define common law

Answer 28

Common law is a term that refers to the large body of decision decisions that judges have written to explain criminal law – Supreme judicial court – Massachusetts appeals court

Question 29

How are statutes defined?

Answer 29

Laws passed by the legislature that defined specific prohibited conduct Known as Massachusetts General laws

Question 30

What are the three sources of criminal law?

Answer 30

Statute, common law, regulations

Question 31

What is the purpose of criminal laws?

Answer 31

To protect people from bodily harm, emotional harm, loss, or damage to property, public disruptions, possessing dangerous items

Question 32

What are the two types of dangerous weapons?

Answer 32

1. Per se - items which, by their nature, cause serious injury or death. (guns, knives, brass, knuckles, pepper spray.) 2. Dangerous use – items used in a way that appears capable of causing serious injury or death.

Question 33

Assault by dangerous weapon (MGL 265/15B) Elements – penalty – right of arrest

Answer 33

1. Assault – suspect committed attempted or threatened assault 2. By using a dangerous weapon. Right of arrest – felony Penalty – SP NMT five years 

Question 34

Extortion (MGL 265/25) Elements – right of arrest – penalty

Answer 34

1. Communication – verbal, written, or printed. 2. Three types of threats. (accuse another of a crime, injured person/property, use against another person, the power or authority vested in the suspect by virtue of being a police officer or any licensing authority) 3. With the intent to get something. Right of her arrest – felony Penalty – state prison, no more than 15 years

Question 35

Threat to commit a crime (MGL 275/2) Elements – right of arrest – penalty

Answer 35

1. Communication – verbally or in writing – defendant expressed an intent to injure a person or property of another. 2. Target – communicated to a specific person. 3. Crime – the threat, if carried out would constitute a crime. 4. Reasonable fear – suspect must have intent and ability. 5. Intent – suspect must be aware or consciously disregard a substantial risk that his communications would be threatening. Right of arrest – complaint Penalty – house of corrections, no more than six months

Question 36

What are three ways an assault and battery occurs?

Answer 36

An intentional, unconsented touching of another – an intentional, harmful touching of another – a reckless act that causes injury to another

Question 37

Mayhem (MGL 265/14) -Elements -Right of Arrest -Penalty

Answer 37

An assault in which the perpetrator has a cruel state of mind - the esire to maim or disfigure. Type 1 - Specific Acts: the suspect maliciously intended to maim or disfigure and committed one of the following acts: - Cut out or maimed the tongue - put out or destroyed an eye - cut or tore off an ear - cut, slit, or mutilated the nose - cut off or disabled a limb or member Type 2: Dangerous susbstance or weapon The suspect maliciously intended to maim or disfigure and assaulted the victim with a dangerous weapon or substance and disfigured, crippled, or inflicted serious injury. Type 3: Privy - The suspect was privy to someone elses intent to maim Felony SP NMT 20 years

Question 38

# Criminal Law Self-defense is warranted if the suspect reasonably...?

Answer 38

-Believes that he is in danger of personal harm -Attempts to avoid physical combat or is unable to do so -must only use force reasonably necessary under the circumstances

Question 39

True or False: Non-deadly force may be used to eject a tresspasser or protect property?

Answer 39

True

Question 40

What are the overall factors in assessing a self-defense claim?

Answer 40

-Physical ability of combatants -Assailant's prior use of force against others -Characteristics of any weapon used -Available means of escape -Legitimate belief of danger

Question 41

# Criminal Law Self-defense What is the "duty to retreat"

Answer 41

The right of self-defense does not exist until a person has reasonably tried to avoid combat

Question 42

# Criminal Law Castle Law What is the Castle Law? (MGL 278/8A)

Answer 42

The Castle Law is an exception to the duty to retreat. Occupants in their own home have no duty to retreat. They may use reasonable force to defend themselves or others against unlawful intruders -The intruder must be inside home -Duty to retreat still exists when a homeowner is confronted by a guest or visitor -Castle Law never justifies force against a police officer

Question 43

# criminal law self-defense True or false: A person may use the same force to protect another that he could use to protect himself?

Answer 43

True -This rule encourages people to aid third parties who are in danger -One may not intervene to retaliate -One may not assist a criminal

Question 44

What is the "defense of accident" claim?

Answer 44

If a suspect claims that he did not mean to use force, this is the "accident defense" "An unexpected happening that occurs without intention or design on a person's part" Burden is on the prosecution to determine if the assault was intentional.

Question 45

Assault and Battery on a Public Employee (MGL 265/13D) -Elements -Right of Arrest -Penalty

Answer 45

Elements: -A&B: Suspect committed -Public Employee -Duty: Who the suspect knew was in performance of duty RoA: Basic - Breach of peace in presence If operating a transit bus: Warrantless arrest on PC Attempt to disarm police: felony Penalty: Basic and transit - HC NMT 90 days disarm police - NMT 10 yrs SP SBI to officer - SP NLT 1 year NMT 10

Question 46

True or False: In regard to A&B on a public employee, it is sufficient if a plain clothes officer verbally identifies themselves?

Answer 46

True

Question 47

Interfering with a police officer (common law crime) -elements -right of arrest / procedure -penalty

Answer 47

Elements: -Knowledge - suspect should know the officer is engaged in performace of duty -Obstruction: phyiscally obstructed or threatened violence against officer -Intent: of obstructing or hindering the officer Right of Arrest / Procedure: Arrest for breach of peace in presence Penalty: MGL 279/5 imposes a "reasonable sentence"