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MPTC Bridge Criminal Law Exam Questions and Complete Solutions
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MPTC Bridge Criminal Law Exam Questions and Complete Solutions
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MPTC Bridge Criminal Law Exam Questions and Complete SolutionsDirect Evidence - Correct Ans: 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 Ans: 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 Ans: 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 Ans: 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 Ans: 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 Ans: 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 Ans: 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 Ans: 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 Ans: 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 Ans: 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 Ans: 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 Ans: 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 Ans: 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
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