Exam (elaborations)
MPTC Criminal Law – Questions & Accurate Answers
MPTC Criminal Law – Questions & Accurate Answers
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MPTC Criminal Law – Questions & Accurate AnswersDirect Evidence ✔️Ans - Based on personal knowledge or observations.
Proves a fact without the need of inferences or presumptions
(Video of a robbery, witness saw a suspect strike the victim of a A&B)
Physical Evidence ✔️Ans - tangible evidence, you can touch it. (objects,
property seized during searches)
Testimonial Evidence ✔️Ans - statements made by victims, witnesses,
suspects or police
examples
Statements made directly to the police
spontaneous utterance overheard by witnesses
written statements
Interview and interrogation recordings
Circumstantial Evidence ✔️Ans - Deductions are drawn
evidence used to imply a fact but not prove it directly
(fingerprints at the scene of a robbery, links the person to the location, but
not necessarily the crime)
Exulpatory evidence ✔️Ans - evidence, including statements ,that are
helpful to the defense
Define Reliability ✔️Ans - the value of physical evidence (tangible) is
directly related to the chain of custody. If it has been tampered with, it is
not reliable. be in the same condition as it was founded, in the court.
define chain of custody ✔️Ans - chronological documentation of
evidence, from the moment seized to when it is presented in court.
best practices for chain of custody shows 5 things... ✔️Ans - 1.
date/time/location where it was seized
2. name of officer who seized it
3. all dates/times when evidence was transferred/to who
4. names of all people in contact
5. full description of evidence for positive ID
, Define relevance (2) ✔️Ans - evidence is relevant if ...
1 - it has a tendency to make a fact more or less probable than it would be
without the evidence
2 - the fact is of importance in determining the action.
(person A sold person B a firearm w/ no S Number. the firearm used in the
robbery. court just needs to know that person A knew it was defaced, not
that he defaced it)
Criminal Intent ✔️Ans - for an act to be criminal, it must be committed
with a criminal mind, called intent.
what do most crimes require? ✔️Ans - general intent.
General Intent ✔️Ans - offender "knowingly" acts but does not
necessarily desire the results of the act. it only requires offenders to have
the intent to commit the act resulting in crime.
(OUI)
Does general intent require offenders to know they are breaking the law?
✔️Ans - No
Specific Intent ✔️Ans - the offender has a purposeful state of mind to
accomplish the precise criminal act.
(breaking into a house to steal a ring - specific purpose was to break into
the house)
Transferred Intent ✔️Ans - exists when an offender intends to harm one
person but ends up harming another. (King goes to shoot Sharkey, but
misses and hits Wade)
Knowingly in regards to intent ✔️Ans - with knowledge, intelligently,
intentionally. he acts with awareness of the nature of his conduct
Accident in regards to Intent ✔️Ans - unexpected happening that occurs
without intention or design on suspects part.
Malice in regards to Intent ✔️Ans - state of mind of cruelty, hostility or
revenge
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