MPTC Criminal Law Exam Review 2023/2024 Comprehensively
Summarized
Threat to commit a crime - ANSW- Elements:
-Communicate
-Crime
-Reasonable fear
Right of arrest: Complaint only
Sources of Criminal Law - ANSW- Statutes
Common law
Regulations
Six Kinds of Intent - ANSW- Specific Intent
Malicious
General Intent
Reckless
Negligent
Strict Liability
Three Rights of Arrest - ANSW- Arrest Warrant
Warrantless Arrest
Complaint Application
Three ways an officer can arrest on misdemeanor - ANSW- Statute Past
Statute Present
,Breach & Present
Statute of limitations for murder - ANSW- No limit
Statute of limitations for child sexual offenses - ANSW- 27 years, or no limit if independent evidence is
found that corroborates victim's story
Statute of limitations for adult sexual offenses - ANSW- 15 years
Statute of limitations for robbery & incest - ANSW- 10 years
Most other offenses - ANSW- 6 years
Statute of limitations if victim was under 16 at time of crime - ANSW- Period does not begin until victim
reaches age of 16, or violation is reported to LE, whichever happens first
Statute of limitations for prostitution - ANSW- 1 year
Accomplice - ANSW- Elements:
-Intentional Participation
-Criminal Mindset
Right of arrest: depends on crime
Penalty:
-Exactly the same as principal
Accessory after the fact - ANSW- Elements:
-Knowledge of felony
,-Assist
-Felon
-Intent to avoid arrest
Right of Arrest: Felony
Attempt to commit a crime - ANSW- Elements:
-Specific Intent
-Overt Act
-Failure
Right of Arrest:
-felony if attempt is felony punishable by at least 5 years
-complaint if attempt is felony punishable by less than 5 years or any misdemeanor
-warrantless arrest in presence if attempt involves any larceny
Conspiracy - ANSW- Element:
-agreement between two or more people to do something unlawful
Right of Arrest:
-if conspiring to commit felony: felony
-if conspiring to commit misdemeanor: complaint
Solicitation of a felony - ANSW- Elements:
-solicit
-intent
Right of arrest:
-never been decided, get a warrant
, Extortion - ANSW- Elements:
-Communication
-Suspect maliciously intended to accuse another of a crime, injure the person or property of another, or
use power invested in suspect against another
-Intent to get something
Right of arrest: felony
Assault - ANSW- Elements:
-Attempted Battery, or
-Threatened Battery
Right of Arrest: arrest for breach in presence, complaint if not
Assault by Dangerous Weapon - ANSW- Elements:
-Assault
-Dangerous weapon
Right of arrest: felony
Assault and Battery - ANSW- Elements:
Intentional
-Intentionally touched
-Without having the right
-Cause physical harm or person did not consent
Reckless
-Suspect engaged in reckless conduct
Summarized
Threat to commit a crime - ANSW- Elements:
-Communicate
-Crime
-Reasonable fear
Right of arrest: Complaint only
Sources of Criminal Law - ANSW- Statutes
Common law
Regulations
Six Kinds of Intent - ANSW- Specific Intent
Malicious
General Intent
Reckless
Negligent
Strict Liability
Three Rights of Arrest - ANSW- Arrest Warrant
Warrantless Arrest
Complaint Application
Three ways an officer can arrest on misdemeanor - ANSW- Statute Past
Statute Present
,Breach & Present
Statute of limitations for murder - ANSW- No limit
Statute of limitations for child sexual offenses - ANSW- 27 years, or no limit if independent evidence is
found that corroborates victim's story
Statute of limitations for adult sexual offenses - ANSW- 15 years
Statute of limitations for robbery & incest - ANSW- 10 years
Most other offenses - ANSW- 6 years
Statute of limitations if victim was under 16 at time of crime - ANSW- Period does not begin until victim
reaches age of 16, or violation is reported to LE, whichever happens first
Statute of limitations for prostitution - ANSW- 1 year
Accomplice - ANSW- Elements:
-Intentional Participation
-Criminal Mindset
Right of arrest: depends on crime
Penalty:
-Exactly the same as principal
Accessory after the fact - ANSW- Elements:
-Knowledge of felony
,-Assist
-Felon
-Intent to avoid arrest
Right of Arrest: Felony
Attempt to commit a crime - ANSW- Elements:
-Specific Intent
-Overt Act
-Failure
Right of Arrest:
-felony if attempt is felony punishable by at least 5 years
-complaint if attempt is felony punishable by less than 5 years or any misdemeanor
-warrantless arrest in presence if attempt involves any larceny
Conspiracy - ANSW- Element:
-agreement between two or more people to do something unlawful
Right of Arrest:
-if conspiring to commit felony: felony
-if conspiring to commit misdemeanor: complaint
Solicitation of a felony - ANSW- Elements:
-solicit
-intent
Right of arrest:
-never been decided, get a warrant
, Extortion - ANSW- Elements:
-Communication
-Suspect maliciously intended to accuse another of a crime, injure the person or property of another, or
use power invested in suspect against another
-Intent to get something
Right of arrest: felony
Assault - ANSW- Elements:
-Attempted Battery, or
-Threatened Battery
Right of Arrest: arrest for breach in presence, complaint if not
Assault by Dangerous Weapon - ANSW- Elements:
-Assault
-Dangerous weapon
Right of arrest: felony
Assault and Battery - ANSW- Elements:
Intentional
-Intentionally touched
-Without having the right
-Cause physical harm or person did not consent
Reckless
-Suspect engaged in reckless conduct
