_______ evidence directly links a person to a crime -Correct Answer-Direct
_______ evidence relies on an inference to connect a conclusion of fact -Correct Answer-Circumstantial
_________ evidence is tangible and may be direct or circumstantial -Correct Answer-Physical
__________ evidence refers to evidence and/or statements which tend to clear, justify or excuse a
defendant from alleged fault or guilt -Correct Answer-Exculpatory
Evidence to be admissible in court must be _____ and _______ -Correct Answer-relevant; reliable
Mala in se -Correct Answer-wrong or evil in itself
mala prohibita -Correct Answer-offenses prohibited by law but not wrong in themselves
actus reus -Correct Answer-guilty act
mens rea -Correct Answer-guilty mind
Types of intent -Correct Answer--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
Types of intent (3) -Correct Answer-1) Specific
- specific "purpose"
2) General
- "knowingly" commits
3) Transferred
Conspiracy -Correct Answer-- 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 -Correct Answer-Chapter 265
Assault
-mere words are not sufficient without overt act -Correct Answer-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
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) -Correct Answer-1) suspect attempted or threatened to commit
battery w/ intent to cause fear
2) by using dangerous weapon
Assault and Battery (Presence or Complaint) -Correct Answer-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) -Correct Answer-1) enters house while
armed with DW
2) assaults another with intent to commit a felony
A&B against specific persons (Felony) -Correct Answer-a) Person 60 or older
b) elderly or disabled person
c) pregnant person
d) Child under 14 y/o
e) PO
Mayhem (Felony) -Correct Answer-a) Specific Acts
- maliciously intend to maim or disfigure; AND
- committed one of the following
> cut out, remove tongue
> pull out or maim eye
, b) Dangerous Substances or Weapons
c) Privy
- suspect knew of another person's intent to maim or dsifugure; OR was present and aided
Indecent A&B on 14 or older (Felony)
(Under 14/intellectual disability - Felony) -Correct Answer-1) suspect committed an A&B that was
indecent
2) on v 14 or odler
3) victim did not consent
Unarmed Robbery (Felony)
- victim does not have to resist or be afraid to prove force
- fear can be shown even if v denies being afraid -Correct Answer-1) unarmed suspect intentionally;
2) by FORCE OR instilling FEAR; and
3) takes money or property from v immediate control
Larceny from person (Felony)
-lesser included offense of unarmed robbery -Correct Answer-1) take and carry away;
2) money or prop
3) from v or immediate control
4) with intent to permanently deprive
Armed Robbery (Felony) -Correct Answer-1) armed with a dw
2) assaults another; AND
3) takes $ or prop
Criminal Harassment (Warrantless with PC)