MPTC Criminal Law Questions And Answers.
Direct Evidence - answer;-Based on personal knowledge or observations.
Proves a fact without the need of inferences or presumptions
(Video of a robbery, witness saw a suspect strike the victim of a A&B)
Physical Evidence - answer;-tangible evidence, you can touch it. (objects, property
seized during searches)
Testimonial Evidence - answer;-statements made by victims, witnesses, suspects or
police
examples
Statements made directly to the police
spontaneous utterance overheard by witnesses
written statements
Interview and interrogation recordings
Circumstantial Evidence - answer;-Deductions are drawn
evidence used to imply a fact but not prove it directly
(fingerprints at the scene of a robbery, links the person to the location, but not
necessarily the crime)
Exulpatory evidence - answer;-evidence, including statements ,that are helpful to the
defense
Define Reliability - answer;-the value of physical evidence (tangible) is directly related to
the chain of custody. If it has been tampered with, it is not reliable. be in the same
condition as it was founded, in the court.
define chain of custody - answer;-chronological documentation of evidence, from the
moment seized to when it is presented in court.
best practices for chain of custody shows 5 things... - answer;-1. date/time/location
where it was seized
2. name of officer who seized it
3. all dates/times when evidence was transferred/to who
4. names of all people in contact
5. full description of evidence for positive ID
Define relevance (2) - answer;-evidence is relevant if ...
1 - it has a tendency to make a fact more or less probable than it would be without the
evidence
2 - the fact is of importance in determining the action.
(person A sold person B a firearm w/ no S Number. the firearm used in the robbery.
court just needs to know that person A knew it was defaced, not that he defaced it)
, MPTC Criminal Law Questions And Answers.
Criminal Intent - answer;-for an act to be criminal, it must be committed with a criminal
mind, called intent.
what do most crimes require? - answer;-general intent.
General Intent - answer;-offender "knowingly" acts but does not necessarily desire the
results of the act. it only requires offenders to have the intent to commit the act resulting
in crime.
(OUI)
Does general intent require offenders to know they are breaking the law? - answer;-No
Specific Intent - answer;-the offender has a purposeful state of mind to accomplish the
precise criminal act.
(breaking into a house to steal a ring - specific purpose was to break into the house)
Transferred Intent - answer;-exists when an offender intends to harm one person but
ends up harming another. (King goes to shoot Sharkey, but misses and hits Wade)
Knowingly in regards to intent - answer;-with knowledge, intelligently, intentionally. he
acts with awareness of the nature of his conduct
Accident in regards to Intent - answer;-unexpected happening that occurs without
intention or design on suspects part.
Malice in regards to Intent - answer;-state of mind of cruelty, hostility or revenge
Negligent in regards to Intent - answer;-an idiot
failure to use a degree of care in which a reasonably prudent person would use under
the circumstances, by doing something a reasonably prudent person would do under
the same circumstances, or would not do under the same circumstances
Define reckless in regards to Intent - answer;-an a--hole
if they know or should have known that their actions would cause substantial harm, but
took the risk and did so anyway
Wanton in regards to Intent - answer;-conduct the suspect knew would create a risk of
substantial damage or destruction to another person's property.
or
conduct that a reasonable person would have realized posed a risk of substantial
damage or destrcution of another's property
Willful in regards to Intent - answer;-voluntary, deliberate, intentional, purposeful.
not accidental or involuntary
Direct Evidence - answer;-Based on personal knowledge or observations.
Proves a fact without the need of inferences or presumptions
(Video of a robbery, witness saw a suspect strike the victim of a A&B)
Physical Evidence - answer;-tangible evidence, you can touch it. (objects, property
seized during searches)
Testimonial Evidence - answer;-statements made by victims, witnesses, suspects or
police
examples
Statements made directly to the police
spontaneous utterance overheard by witnesses
written statements
Interview and interrogation recordings
Circumstantial Evidence - answer;-Deductions are drawn
evidence used to imply a fact but not prove it directly
(fingerprints at the scene of a robbery, links the person to the location, but not
necessarily the crime)
Exulpatory evidence - answer;-evidence, including statements ,that are helpful to the
defense
Define Reliability - answer;-the value of physical evidence (tangible) is directly related to
the chain of custody. If it has been tampered with, it is not reliable. be in the same
condition as it was founded, in the court.
define chain of custody - answer;-chronological documentation of evidence, from the
moment seized to when it is presented in court.
best practices for chain of custody shows 5 things... - answer;-1. date/time/location
where it was seized
2. name of officer who seized it
3. all dates/times when evidence was transferred/to who
4. names of all people in contact
5. full description of evidence for positive ID
Define relevance (2) - answer;-evidence is relevant if ...
1 - it has a tendency to make a fact more or less probable than it would be without the
evidence
2 - the fact is of importance in determining the action.
(person A sold person B a firearm w/ no S Number. the firearm used in the robbery.
court just needs to know that person A knew it was defaced, not that he defaced it)
, MPTC Criminal Law Questions And Answers.
Criminal Intent - answer;-for an act to be criminal, it must be committed with a criminal
mind, called intent.
what do most crimes require? - answer;-general intent.
General Intent - answer;-offender "knowingly" acts but does not necessarily desire the
results of the act. it only requires offenders to have the intent to commit the act resulting
in crime.
(OUI)
Does general intent require offenders to know they are breaking the law? - answer;-No
Specific Intent - answer;-the offender has a purposeful state of mind to accomplish the
precise criminal act.
(breaking into a house to steal a ring - specific purpose was to break into the house)
Transferred Intent - answer;-exists when an offender intends to harm one person but
ends up harming another. (King goes to shoot Sharkey, but misses and hits Wade)
Knowingly in regards to intent - answer;-with knowledge, intelligently, intentionally. he
acts with awareness of the nature of his conduct
Accident in regards to Intent - answer;-unexpected happening that occurs without
intention or design on suspects part.
Malice in regards to Intent - answer;-state of mind of cruelty, hostility or revenge
Negligent in regards to Intent - answer;-an idiot
failure to use a degree of care in which a reasonably prudent person would use under
the circumstances, by doing something a reasonably prudent person would do under
the same circumstances, or would not do under the same circumstances
Define reckless in regards to Intent - answer;-an a--hole
if they know or should have known that their actions would cause substantial harm, but
took the risk and did so anyway
Wanton in regards to Intent - answer;-conduct the suspect knew would create a risk of
substantial damage or destruction to another person's property.
or
conduct that a reasonable person would have realized posed a risk of substantial
damage or destrcution of another's property
Willful in regards to Intent - answer;-voluntary, deliberate, intentional, purposeful.
not accidental or involuntary
