WITH COMPLETE SOLUTIONS GRADED A+
_______ evidence directly links a person to a crime - ANSWER Direct
_______ evidence relies on an inference to connect a conclusion of fact -
ANSWER Circumstantial
_________ evidence is tangible and may be direct or circumstantial -
ANSWER Physical
__________ evidence refers to evidence and/or statements which tend to
clear, justify or excuse a defendant from alleged fault or guilt - ANSWER
Exculpatory
Evidence to be admissible in court must be _____ and _______ -
ANSWER relevant; reliable
Mala in se - ANSWER wrong or evil in itself
mala prohibita - ANSWER offenses prohibited by law but not wrong in
themselves
actus reus - ANSWER guilty act
,mens rea - ANSWER guilty mind
Types of intent - 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) - ANSWER 1) Specific
- specific "purpose"
2) General
- "knowingly" commits
3) Transferred
Conspiracy - 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 - ANSWER Chapter 265
Assault
-mere words are not sufficient without overt act - 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) - 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) - 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) - ANSWER
1) enters house while armed with DW
2) assaults another with intent to commit a felony
A&B against specific persons (Felony) - ANSWER a) Person 60 or older
b) elderly or disabled person
c) pregnant person
d) Child under 14 y/o
e) PO
Mayhem (Felony) - ANSWER a) Specific Acts
- maliciously intend to maim or disfigure; AND
- committed one of the following
> cut out, remove tongue