Criminal Law MPTC
Evidence
Testimony, writings, materials, objects, or other things presented to the senses that are offered to prove the existence or non existence of a fact.
Direct Evidence
Based on personal knowledge or observations. If true, proves a fact without the need of inferences or...
Criminal Law MPTC
Evidence
Testimony, writings, materials, objects, or other things presented to the senses that are
offered to prove the existence or non existence of a fact.
Direct Evidence
Based on personal knowledge or observations. If true, proves a fact without the need of
inferences or presumptions.
Circumstantial Evidence
Testimony not based on actual personal knowledge or observation of the facts in
controversy, but of other facts from which deduction are drawn, showing indirectly the
facts sought to be proved.
Physical Evidence
Is tangible items or materials that you can touch that are found at the crime scenes or
during a search.
Testimonial Evidence
Statements made by witnesses, victims, suspects or police. Those statements may
consist of personal observation/knowledge or may involve the communication of
information from which one may infer facts.
Exculpatory Evidence
Evidence Helpful to the defense
Reliable
The value of physical evidence is directly related to a reliable chain of custody. How
honest and real things are.
Intent
Crimes are illegal acts that violate a penal federal, state, or local law. For an act to be
criminal it, must be committed with a criminal mind
Relevant
It has any tendency to make a fact more or less probable than it would be without the
evidence. The fact is of consequence in determining the action.
General Intent
When the offender knowingly acts but does not necessary desire the consequences of
the act.
Specific Intent
When the offender has a purposeful state of mundane to accomplish the precise
criminal act
Transferred Intent
Intends to harm one person but ends up harming another. The offenders intent to harm
the 1st person is transferred to harm the 2nd person.
Accident
An unexpected happening that occurs without intention or design on the suspects part.
Knowingly
With knowledge; consciously: intelligently; willfully; intentionally. Acts with awareness of
the nature of his conduct.
, Malice
A state of mind of cruelty, hostility, or revenge.
Negligent
The failure to use the degree of care which a reasonably prudent person would use
under the circumstances.
Reckless
Know or should have known that their actions were very likely to cause substantial
harm, but they can the risk anyway.
Wanton
Suspect knew would create a risk of substantial damage or destruction to another's
property or conduct that a reasonable person would have realized posed a risk of
substantial damage to or destruction of anothers property.
Willful
Voluntary; knowingly; deliberately; intentionally; purposely. Not accidental or
involuntary.
Felony
Any crime punishable by confinement in state prison or death. 2 1/2 years or more in
state prison.
Misdemeanor
Crimes that do not allow the option for confinement in the state prison.
The statue of limitations for most crimes in Massachusetts is
6 Years
Statute of limitations for murder is
No time limitation
Certain sexual assaults involving children limitations is
No time limitations
Armed Robbery limitations is
10 years
Rape limitations is
15 Years
Statue of limitations
Requires criminal charges be filed within a specific number of years from the original
date of an offense.
Responsible Parties
Not limited to the person who commits the crime. People who willingly participate in the
planning or execution of a crime, or interfere with offender apprehension after the fact,
can also be charged
Principal
Is the person who commits the crime
Accomplice (Aider or Abettor)
Suspect knowingly and intentionally participated in some meaningful way in the
commission of the offense, alone or with others and the suspect did so with the intent
required for that offense.
Accessory BEFORE the Fact
Suspect is accused of having been an accessory to a felony before that felony was
committed.
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