MPTC Final Exam Study Deck Questions &
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evidence directly links a person to a crime
➹➹➹: Direct
evidence relies on an inference to connect a conclusion of fact
➹➹➹: Circumstantial
evidence is tangible and may be direct or circumstantial
➹➹➹: Physical
evidence refers to evidence and/or statements which tend to clear, justify
or excuse a defendant from alleged fault or guilt
➹➹➹: Exculpatory
Evidence to be admissible in court must be and
➹➹➹: relevant; reliable
Mala in se
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,➹➹➹: wrong or evil in itself
mala prohibita
➹➹➹: offenses prohibited by law but not wrong in themselves
actus reus
➹➹➹: guilty act
mens rea
➹➹➹: guilty mind
Types of intent
➹➹➹: -Accident
- Knowingly
- Malice
--- intentional and w/out justification
- Negligent
- Reckless
--- conduct likely to cause harm, person should have known conduct posed risks
- Wanton
--- conduct that consciously disregards, or is indifferent to, an immediate danger of harm
- Willful
--- with purpose and by design
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,Types of intent (3)
➹➹➹: 1) Specific
- specific "purpose"
2) General
- "knowingly" commits
3) Transferred
Conspiracy
➹➹➹: - Agreement between 2 or more people to do something unlawful
- joined knowingly the unlawful plan and with intent to help carry it out
Crimes Against Persons
➹➹➹: Chapter 265
Assault
-mere words are not sufficient without overt act
➹➹➹: 1) Attempted battery
- intended to commit battery by touching victim in harmful way or unpermitted way
- took some overt action; AND
- came reasonably close to commit battery
> Presence or Complaint
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, 2) Threatened battery
- suspect intentionally engaged in menacing conduct that;
- reasonably caused the v to be in fear of battery
> Presence or Complaint
Assault by dangerous weapon (Felony)
➹➹➹: 1) suspect attempted or threatened to commit battery w/ intent to cause fear
2) by using dangerous weapon
Assault and Battery (Presence or Complaint)
➹➹➹: 1) Intentional A&B
- intentional touching
- w/out having right to do so; AND
- caused physical harm; OR person did not consent
2) Reckless A&B
- intentional reckless conduct that;
-caused injury or physical harm to another
Assault in dwelling house with dangerous weapon (Felony)
➹➹➹: 1) enters house while armed with DW
2) assaults another with intent to commit a felony
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