Criminal Law

What is direct evidence?

Evidence based on personal knowledge or observation that proves a fact without inference.

What is circumstantial evidence?

Evidence that requires an inference to prove a fact.

What is physical evidence?

Tangible evidence collected at a crime scene or during a search.

What is testimonial evidence?

Statements made by victims, witnesses, suspects, or police.

What is hearsay?

Second-hand knowledge about what another person said they saw, heard, or felt.

What is a spontaneous utterance (excited utterance)?

An out-of-court statement made under the stress or excitement of an event.

What is exculpatory evidence?

Evidence that is favorable to the defense.

What is chain of custody?

The chronological documentation of evidence from seizure to court presentation.

Why is chain of custody important?

To prevent loss, destruction, tampering, or contamination of evidence.

Five things that should be documented in a chain of custody?

• Date, time, and location seized

• Officer who seized it

• Transfers of evidence

• Everyone who handled it

• Full description of evidence

What is mens rea?

Criminal intent or guilty mind.

What is general intent?

Knowingly committing an act without necessarily intending the consequences.

What is specific intent?

A purposeful state of mind to accomplish a particular criminal act.

What is transferred intent?

Intent to harm one person transfers when another person is harmed instead.

What is motive?

The reason someone commits a crime; not required to prove a crime.

What is an accident?

An unexpected event occurring without intention or design.

What does knowingly mean?

Acting with knowledge that the prohibited harm is practically certain to result.

What is malice?

A state of mind involving cruelty, hostility, or revenge.

What is negligence?

Failure to use the care a reasonably prudent person would use.

What is recklessness?

Knowing or reasonably knowing actions are likely to cause substantial harm and proceeding anyway.

What is willful conduct?

Voluntary and intentional conduct.

What are the two crime classifications in Massachusetts?

Felonies and misdemeanors.

What makes a crime a felony?

The statute allows imprisonment in state prison.

What is a misdemeanor?

A crime that does not permit state prison as a sentencing option.

What is the statute of limitations for most Massachusetts crimes?

Six years.

What is the statute of limitations for murder?

None

Statute of limitations for armed robbery?

Ten years.

Statute of limitations for rape?

Fifteen years.

Who is the principal?

The person who actually commits the crime.

What are the two elements of aiding and abetting?

• Meaningful participation

• Required criminal intent

Is mere presence enough for aiding and abetting?

No. Mere presence is not enough.

What is an accessory before the fact?

Someone who helps plan, encourage, or arrange a felony before it occurs.

What is an accessory after the fact?

Someone who helps a felon avoid apprehension or punishment after the crime.

What three things are needed for an attempt crime?

• Specific intent

• Overt act

• Reasonably close to completion

What is an overt act?

A real step toward carrying out the crime beyond mere preparation.

What is conspiracy?

An agreement between two or more people to commit an unlawful act.

What are the three elements of conspiracy?

• Agreement

• Unlawful purpose

• Intent to help carry it out

What is solicitation of a felony?

Enticing, counseling, advising, or encouraging another person to commit a felony.

What are the two types of assault?

Attempted battery and threatened battery.

Elements of attempted battery assault?

• Intent to commit battery

• Overt act

• Reasonably close to completion

Elements of threatened battery assault?

• Intent to place victim in fear

• Conduct toward victim

• Victim reasonably perceives imminent battery

Do words alone generally constitute assault?

No.

What is a dangerous weapon per se?

An item designed to cause death or great bodily harm

Are firearms dangerous weapons per se?

Yes

Can ordinary objects become dangerous weapons?

Yes, based on how they are used

Can a shoe be considered a dangerous weapon?

Yes, when used to kick someone.

Is a body part a dangerous weapon?

No

What are the two types of assault and battery?

Intentional and reckless.

Elements of intentional assault and battery?

• Touching

• Intent to touch

• Harmful or offensive touching

What is an offensive touching?

A touching without consent.

Elements of reckless assault and battery?

• Intentional actions causing injury

• Reckless conduct

What three situations make an assault and battery aggravated?

• Causes serious bodily injury

• Victim is pregnant and suspect knows or should know

• Victim has an active restraining order against the suspect

What is serious bodily injury?

Bodily injury resulting in permanent disfigurement, loss or impairment of a bodily function, limb, organ, or substantial risk of death

Is loss or impairment of bodily function required to be permanent to qualify as serious bodily injury?

No

Assault and battery on a person age 60 or older with a dangerous weapon is what level offense?

Felony

Assault and battery on an elderly or disabled person is what level offense?

Felony

What four additional elements are required for assault and battery on a police officer?

• Victim was a police officer/public employee

• Suspect knew victim was a police officer

• Officer was performing duties

• Suspect knew officer was performing duties

What is the normal right of arrest for assault and battery on a police officer?

Presence

When does assault and battery on a police officer become a felony?

When it involves an attempt to disarm the officer or causes serious bodily injury.

Who is protected under M.G.L. c. 265 §13I?

EMTs, ambulance operators, ambulance attendants, and health care providers.

What three elements are required for assault or assault and battery on a health care provider?

• Assault or assault and battery occurred

• Victim was a protected medical provider

• Victim was treating or transporting a patient in the line of duty

Right of arrest for assault on a health care provider?

Presence or warrant.

What is assault and battery to collect a loan?

Committing an assault and battery for the purpose of collecting a loan

What is the right of arrest for assault and battery to collect a loan?

Felony

What are the three ways a person can commit mayhem?

• Specific acts

• Dangerous weapon/substance

• Being privy and aiding another person

Name five specific acts that can constitute mayhem.

• Maim tongue

• Destroy an eye

• Tear off an ear

• Mutilate nose or lip

• Disable a limb

Is a dangerous weapon required for every mayhem charge?

No

What intent is required for mayhem?

Specific intent to maim or disfigure.

Can dirt be considered a dangerous substance?

Yes, when applied to a delicate organ such as the eye.

What does "crippling" mean in mayhem cases?

Depriving a person of the use of a limb.

What are the two elements of assault with intent to murder?

• Assault

• Specific intent to murder another person

What is murder?

An unlawful killing with malice and without justification, excuse, or mitigation.

Is assault with intent to murder a felony?

Yes

What are the two theories for assault with intent to maim?

• Assault with intent to commit one of the mayhem acts

• Assault with a dangerous weapon with intent to disfigure, cripple, or inflict serious injury

What mental state satisfies assault with intent to maim?

Intentional, unjustified assault with reasonable appreciation that disabling or disfiguring injury would result.

What are the three elements of indecent assault and battery on a person 14 years or older?

• Assault and battery

• Touching was indecent

• No consent

Is indecent assault and battery on a person over 14 a felony?

Yes

Is sexual gratification required to charge indecent assault and battery?

No

Can kissing be considered indecent assault and battery?

Yes, depending on the circumstances.

Can inserting a tongue into another person's mouth constitute indecent assault and battery?

Yes

What are the three elements of indecent assault and battery on a child under 14?

• Victim under 14

• Assault and battery

• Touching was indecent

Can a child under 14 legally consent to indecent touching?

No

Is indecent assault and battery on a child under 14 a felony?

yes

What four elements are required?

• Assault and battery

• Touching was indecent

• Victim has an intellectual disability

• Suspect knew of the disability

Is indecent assault and battery on a person with an intellectual disability a felony?

Yes

What are the three elements of strangulation?

• Substantial pressure to throat/neck

• Interference with breathing or blood circulation

• Intentional act

What are the three elements of suffocation?

• Blocking nose or mouth

• Interference with breathing or circulation

• Intentional act

Is strangulation a felony?

Yes

What aggravating factors increase penalties for strangulation?

• Serious bodily injury

• Pregnant victim

• Prior strangulation conviction

• Active restraining order against suspect

What is robbery?

Larceny from a person by force and violence or by assault and putting the victim in fear.

What are the six elements of armed robbery?

• Taking and carrying away property

• Property belonged to another

• Taken from person or presence

• Intent to permanently deprive

• Force/violence or assault and fear

• Armed with dangerous weapon

Can an ordinary object become a dangerous weapon during a robbery?

yes

Can a dog be considered a dangerous weapon during a robbery?

Yes. A German Shepherd was ruled a dangerous weapon.

What two factors increase armed robbery penalties?

• Suspect is masked/disguised

• Suspect is armed with a firearm, rifle, shotgun, machine gun, or assault weapon

What are the five elements of criminal harassment?

• Pattern of conduct or speech on at least 3 occasions

• Targeted at a specific victim

• Seriously alarmed the victim

• Would cause a reasonable person substantial emotional distress

• Done willfully and maliciously

Can text messages, emails, and social media constitute harassment?

yes

Are harassment victims eligible for a Harassment Prevention Order (HPO)?

Yes