Exam (elaborations)
Criminal Law MPTC – Questions And Detailed Answers
Criminal Law MPTC – Questions And Detailed Answers
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Criminal Law MPTC – Questions And Detailed AnswersEvidence ✔️Ans - 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 ✔️Ans - Based on personal knowledge or observations.
If true, proves a fact without the need of inferences or presumptions.
Circumstantial Evidence ✔️Ans - 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 ✔️Ans - Is tangible items or materials that you can
touch that are found at the crime scenes or during a search.
Testimonial Evidence ✔️Ans - 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 ✔️Ans - Evidence Helpful to the defense
Reliable ✔️Ans - The value of physical evidence is directly related to a
reliable chain of custody. How honest and real things are.
Intent ✔️Ans - 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 ✔️Ans - 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 ✔️Ans - When the offender knowingly acts but does not
necessary desire the consequences of the act.
, Specific Intent ✔️Ans - When the offender has a purposeful state of
mundane to accomplish the precise criminal act
Transferred Intent ✔️Ans - 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 ✔️Ans - An unexpected happening that occurs without
intention or design on the suspects part.
Knowingly ✔️Ans - With knowledge; consciously: intelligently; willfully;
intentionally. Acts with awareness of the nature of his conduct.
Malice ✔️Ans - A state of mind of cruelty, hostility, or revenge.
Negligent ✔️Ans - The failure to use the degree of care which a
reasonably prudent person would use under the circumstances.
Reckless ✔️Ans - Know or should have known that their actions were
very likely to cause substantial harm, but they can the risk anyway.
Wanton ✔️Ans - 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 ✔️Ans - Voluntary; knowingly; deliberately; intentionally;
purposely. Not accidental or involuntary.
Felony ✔️Ans - Any crime punishable by confinement in state prison or
death. 2 1/2 years or more in state prison.
Misdemeanor ✔️Ans - Crimes that do not allow the option for
confinement in the state prison.
The statue of limitations for most crimes in Massachusetts is ✔️Ans - 6
Years
Statute of limitations for murder is ✔️Ans - No time limitation
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