Criminal Law MPTC

Criminal Law MPTC Evidence 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 Based on personal knowledge or observations. If true, proves a fact without the need of inferences or presumptions. Circumstantial Evidence 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 Is tangible items or materials that you can touch that are found at the crime scenes or during a search. Testimonial Evidence 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 Evidence Helpful to the defense Reliable The value of physical evidence is directly related to a reliable chain of custody. How honest and real things are. Intent 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 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 When the offender knowingly acts but does not necessary desire the consequences of the act. Specific Intent When the offender has a purposeful state of mundane to accomplish the precise criminal act Transferred Intent 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 An unexpected happening that occurs without intention or design on the suspects part. Knowingly With knowledge; consciously: intelligently; willfully; intentionally. Acts with awareness of the nature of his conduct. Malice A state of mind of cruelty, hostility, or revenge. Negligent The failure to use the degree of care which a reasonably prudent person would use under the circumstances. Reckless Know or should have known that their actions were very likely to cause substantial harm, but they can the risk anyway. Wanton 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 Voluntary; knowingly; deliberately; intentionally; purposely. Not accidental or involuntary. Felony Any crime punishable by confinement in state prison or death. 2 1/2 years or more in state prison. Misdemeanor Crimes that do not allow the option for confinement in the state prison. The statue of limitations for most crimes in Massachusetts is 6 Years Statute of limitations for murder is No time limitation Certain sexual assaults involving children limitations is No time limitations Armed Robbery limitations is 10 years Rape limitations is 15 Years Statue of limitations Requires criminal charges be filed within a specific number of years from the original date of an offense. Responsible Parties Not limited to the person who commits the crime. People who willingly participate in the planning or execution of a crime, or interfere with offender apprehension after the fact, can also be charged Principal Is the person who commits the crime Accomplice (Aider or Abettor) Suspect knowingly and intentionally participated in some meaningful way in the commission of the offense, alone or with others and the suspect did so with the intent required for that offense. Accessory BEFORE the Fact Suspect is accused of having been an accessory to a felony before that felony was committed. Accessory AFTER the fact Suspect knows that the principle committed a felony and aids principle to avoid apprehension or punishment. Accessory AFTER the fact exceptions? Spouse, Parent, Grandparent, child, grandchild or brother or sister of the principle who committed the crime. Conspiracy Agreement. Between 2 or more people to do something unlawful. Attempted Battery Suspect intended to commit a battery (harmful or unpermitted touching). Victim is not afraid. Presence or warrant Threatened Battery Suspect intended to put victim in fear of an imminent battery (A harmful or unpermitted touching) engaged in some conduct toward the victim. Presence or Warrant Assault by dangerous weapon Suspect attempted a battery or threatened to commit a battery with the intent to cause fear by using a dangerous weapon. FELONY Dangerous weapon Instrumentality designed and constructed to produce death or great bodily harm. Deceptive weapon Any device that is intended to convert the presence of a rifle, shotgun, or firearm that is used in the commission of a violent crime. And which presents an objective threat of immediate death or serious bodily harm to a person. Intentional A&B A suspect touched another person in which they intended to do so and the touching was either likely to cause bodily harm; or was offensive. PRESENCE OR WARRANT Reckless A&B Intentional reckless conduct that caused injury or physical harm to another person. PRESENCE OR WARRANT A&B by dangerous weapon Whoever commits an assault and battery upon another by means of a dangerous weapon. Suspect touched another person with intent and was done with a dangerous weapon. FELONY Reckless A&B with dangerous weapon Suspect engaged in action that caused bodily injury to the victim. It was done with a dangerous weapon. Suspects action was reckless. FELONY Assault & Battery Touched another person with the intent to do so, likely to cause bodily harm or was offensive where there was not consent. FELONY Assault in dwelling house with dangerous weapon Suspect entered a dwelling while armed with a dangerous weapon, the suspect assaulted another person while inside and the assault was committed with the specific intent to commit a felony. FELONY Assault and battery by means of hypodermic syringe or needle