MPTC BRIDGE CRIMINAL LAW EXAM QUESTIONS AND ANSWERS
#19
Direct Evidence - correct answer Based on personal knowledge or observations direct
evidence is true proves a fact without the need for inferences are presumptions
example video surveillance a witness who saw suspect strike the victim of assault and
battery
Circumstantial Evidence - correct answer Testimony not based on actual personal
knowledge or observation of facts in controversy but have other facts from which
deductions are drawn showing indirectly the facts sought to be proved (black dictionary)
example suspects fingerprints at scene of a robbery jury can conclude the suspect was
in the store at some point but print is not direct evidence that suspect committed the
robbery
Testimonial Evidence - correct answer Evidence may be direct or circumstantial include
statements made by victims, witnesses, suspect or police those statements may consist
of personal observations knowledge or may involve the communication of information
from which one may infer facts
Exculpatory evidence - correct answer Refer to evidence including statements which
are helpful to defense this includes information that the defendant stories calls into
question immaterial element of the commonwealth version of events or challenges the
credibility of a witness for the prosecution. Due process of law requires the government
disclose to a criminal suspect favorable evidence in its possession that could materially
aid the defense against the judges
Relevant evidence - correct answer Evidence is relevant if it has any tendency to make
a fact more or less probable than it would be without the evidence and the fact is of
consequence in determining the action
Reliable evidence - correct answer The value of physical evidence is directly related to
a reliable chain of custody physical evidence that has been tampered with is not reliable
it is important that physical evidence presented in court be in substantially the same
condition as it was when originally seized by police. Chain of custody is important a
reliable chain of custody shows every person who came in direct contact with the
evidence either through collection storage or analysis
Chain of custody should include - correct answer Date time location seized, officer who
sees the evidence, all dates times evidence received or transferred to another person,
names of all people who came in contact with evidence and full description of evidence
for positive identification
Physical Evidence - correct answer Evidence is tangible capable of being perceived
especially by sense of touch and may be direct or circumstantial physical evidence
includes objects property or items seized at crime scene or during searches
, General Intent - correct answer When the offender knowingly ask but does not
necessarily desire the consequences of the act general intent does not require offender
to know they are breaking the law
Specific Intent - correct answer Exist when the offender has a purposeful state of mind
to accomplish the precise criminal act example (Jimmy) breaks into a house to steal
jewelry Jimmy's intent is specific his purpose for breaking into house was to steal
Transferred Intent - correct answer Exist when an offender intends to harm one person
but ends up harming another offenders intent to harm the first person is transferred to
the second person
Definition of Related intent - correct answer Accident - an unexpected happening that
occurs without intention or design on the subject part
Knowingly end with knowledge consciously intelligently willfully an individual acts
knowingly when he acts with awareness of the nature of his conduct
Malice end a state of mind of cruelty hostility or revenge
Neglect - the failure to use that degree of care which is reasonably prudent person
would use under the circumstances either by doing something that is reasonably
prudent person would not do or by failing to do something that a reasonably prudent
person would do under similar circumstances
Definition of related intent continued - correct answer Reckless - if they know I should
have known their actions were likely to cause substantial harm but they ran the risk and
did so anyway
Wonton N conduct that suspect new would create a risk of substantial damage or
destruction to another property or conduct that a reasonable person would have
realized pose a risk of substantial damage to our destruction of another's property
Willful - voluntary knowingly deliberate intentional purposeful not accidental or
involuntary
Two types of crime classifications FELONY - correct answer Any crime punishable by
confinement in state prison or death is a felony
Two types of crime classifications MISDEMEANOR - correct answer Crimes that do not
allow for the option of confinement in a state prison
Statute of Limitations - correct answer The statue limitations for most crimes in
Massachusetts is six years. Statue of limitation deals with the amount of time to file
charges after crime has been committed
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