Criminal Law

Define Direct, Physical, Testimonial, Circumstantial and Exculpatory Evidence

Direct Evidence

Based on personal knowledge or observation. Proves a fact without the need for presumptions.

Circumstantial Evidence

Based on inference and not on personal knowledge or observation

Physical Evidence

Is tangible, includes objects, property or items seized at crime scene or during searches.

Testimonial Evidence

Includes statements made by victims, witnesses, suspects or police.

Examples

• Statements made directly to police

• Spontaneous utterances overheard by witnesses

• Written statements

• Interview and interrogation recording

Exculpatory Evidence

Including statements which are helpful to the defense. It tends to absolve or reduce their guilt in a criminal case

Circumstantial testimonial evidence

Suggests other facts from which reasonable inference can be drawn from

Hearsay testimony

Is “second hand” knowledge about what another person said about what they saw, heard, or felt

Spontaneous utterance

Could include 911 calls or excited statements of witnesses on scene.

Define reliability and relevance and explain how they apply to evidence admissibility

Relevant Evidence

Evidence to be admissible in court, it must relevant.

Relevant Evidence

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence and the fact is consequence in determining the action.

Reliable Evidence

The value of physical evidence is directly related to a reliable chain of custody. Physical evidence that has been tampered with is not reliable.

Chain of Custody

To prevent loss, destruction, tampering and contamination, physical evidence must be collected and packaged properly.

Define and apply common terms of criminal intent

General intent

Exists when the offender “knowingly” acts but does not necessarily desire the consequences of the act.

General intent

Does not require offenders to know they are breaking the law. It only requires offenders to have intent to commit the act that constituted a crime.

Specific Intent

Exists when the offender has a purposeful state of mind to accomplish the precise criminal act.

Transferred Intent

Exists when an offender intends to harm on person but ends up harming another.

What is an accident in criminal law?

An unexpected happening that occurs without intention or design on the suspect’s part.

What does knowingly mean?

The actor engaged in prohibited conduct with the knowledge that the social harm the law was designed to prevent was practically certain to result; deliberately.

What is malice?

A state of mind characterized by cruelty, hostility, or revenge.

What does negligent mean?

The failure to use the degree of care that a reasonably prudent person would use under the circumstances, either by doing something a prudent person would not do or failing to do something a prudent person would do.

What does it mean to act recklessly?

A person knew, or should have known, that their actions were very likely to cause substantial harm, but took the risk and proceeded anyway.

What is wanton conduct?

conduct is wanton if the actor knew it would create a risk of substantial damage or destruction to another’s property, or a reasonable person knowing what the actor knew would have realized the risk.

What does willful mean?

A voluntary and intentional act, not necessarily malicious. A voluntary act becomes willful when it involves a conscious wrong or evil purpose, or at least inexcusable carelessness.

What must coincide for a crime to occur?

The criminal act (actus reus) and the criminal intent (mens rea) must occur together.

What is the coincidence requirement in criminal law?

The defendant must have the required criminal intent at the time the criminal act is committed.

Identify the 2 crime classifications in Massachusetts

Felonies and Misdemeanors

Felony

Any crime punishable by confinement in state prison or death

Misdemeanor

Crimes that do not allow for the option of confinement in the state prison

Identify common statues of limitations for crimes committed

Statues of limitations

Requires criminal charges be filed within a specific number of years from the original date of an offense. After expiration date has passed the claims are no longer viable in a court of law.

Tolling of the statute of limitations

Any period during which the suspect is not usually and publicly a resident within the commonwealth shall be excluded in determining the time limit.

Demonstrate how to identify the correct responsible party for crimes committed

Responsible parties

Is not limited to the person who commits the crime,

Principal

Is the person who commits the crime

Aiding or abetting (formerly joint venture)

To prove that someone is an accomplice or “joint venture” there are two elements.

a. That the suspect “knowingly and intentionally participated in some meaningful way in the commission of the alleged offense, alone or with others”

b. The suspect “did so with the intent required for that offense”

Accessory BEFORE the fact

The suspect is accused of having been an accessory to a felony before it was committed

1. Someone other than the suspect committed the felony

2. That the suspect was an accessory to the felony by counseling, hiring or in some other way arranging for that person to commit the felony

3. That the suspect did so with the same intent as the principal was required to have to be guilty of the felony

Accessory AFTER the fact

Suspect knows that the principal committed a felony and aids principal to avoid apprehension or punishment

Does not need to have any advance knowledge of crime

People who cannot be charged with Accessory AFTER the fact

The principal’s spouse, parent, grandparents, children, grandchildren, brothers or sisters

Conspiracy

Is an agreement between 2 or more people to do something unlawful

proving conspiracy

1. suspect joined an agreements or plan with one or more person

2. Purpose of the agreement was to do something unlawful

3. suspect joined the conspiracy knowingly of the unlawful plan and intended to help carry it out

Solicitation of a felony

this charge prohibits someone from soliciting, counseling, advising or otherwise enticing another to commit a felony

Demonstrate how to compare evidence with MGL elements to determine the correct charge for common crime committed against persons, property, and the public

Crimes against a persons

They involve violence, threats and other physical acts committed directly against the will of another person. This includes

• Assault and battery

• Robbery

• Sexual assault

• Murder

Attempted Battery

a. suspect intended to commit a battery

b. took some overt action

c. came reasonably close to committing a battery

Right of Arrest: presence or warrant

Threatened Battery

a. suspect intended to put victim in fear of an imminent battery

b. engaged in some conduct toward the victim

c. the victim reasonably feared that a battery was imminent

Right of Arrest: presence or warrant

Assault by dangerous weapon

a. suspect attempted a battery or threatened to commit a battery with the intend to cause fear

b. using a dangerous weapon

Right of Arrest: Felony

Inherently dangerous

some weapons are automatically considered inherently dangerous by the court these include

• Dirk knife

• Push Knife

• Switch blade

• Metal knuckles

• Nunchaku

Dangerous use

Factors to consider when deciding if an item was used as a weapon include but not limited to the following

1. Size, weight, shape

2. Composite materials

3. Suspect actions and intent to provoke fear with item

4. How suspect uses the weapon