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MPTC Criminal Law Final Exam With Answers (417 Solved Questions)

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    1 | P a g e MPTC Final Exam Study Deck Questions & 100% Verified Answers | Latest Update | Already Graded A+ _______ evidence directly links a person to a crime 🗸🗸🗸 : Direct _______ evidence relies on an inference to connect a conclusion of fact 🗸🗸🗸 : Circumstantial _________ evidence is tangible and may be direct or circumstantial 🗸🗸🗸 : Physical __________ evidence refers to evidence and/or statements which tend to clear, justify or excuse a defendant from alleged fault or guilt 🗸🗸🗸 : Exculpatory Evidence to be admissible in court must be _____ and _______ 🗸🗸🗸 : relevant; reliable Mala in se

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    2 | P a g e 🗸🗸🗸 : wrong or evil in itself mala prohibita 🗸🗸🗸 : offenses prohibited by law but not wrong in themselves actus reus 🗸🗸🗸 : guilty act mens rea 🗸🗸🗸 : guilty mind Types of intent 🗸🗸🗸 : - Accident - Knowingly - Malice --- intentional and w/out j ustification - 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

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    3 | P a g e Types of intent (3) 🗸🗸🗸 : 1 ) Specific - specific "purpose" 2) General - "knowingly" commits 3) Transferred Conspiracy 🗸🗸🗸 : - Agreement between 2 or more people to do something unlawful - joined knowingly the unlawfu l plan and with intent to help carry it out Crimes Against Persons 🗸🗸🗸 : Chapter 265 Assault - mere words are not sufficient without overt act 🗸🗸🗸 : 1 ) Attempted battery - intended to commit battery by touching victim in harmful way or unpermitted w ay - took some overt action; AND - came reasonably close to commit battery > Presence or Complaint

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    4 | P a g e 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) 🗸🗸🗸 : 1 ) suspect attempted or threatened to commit battery w/ intent to cause fear 2) by using dangerous weapon Assault and Battery (Presence or Complaint) 🗸🗸🗸 : 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) 🗸🗸🗸 : 1 ) ente rs house while armed with DW 2) assaults another with intent to commit a felony

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    5 | P a g e A&B against specific persons (Felony) 🗸🗸🗸 : a) Person 60 or older b) elderly or disabled person c) pregnant person d) Child under 14 y/o e) PO Mayhem (Felony) 🗸🗸🗸 : a) Sp ecific 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) 🗸🗸🗸 : 1 ) suspect committed an A&B that was indecent

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    6 | P a g e 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 🗸🗸🗸 : 1 ) unarmed suspect intentionally; 2) by FORCE OR instilling FEAR; and 3) takes money or proper ty from v immediate control Larceny from person (Felony) - lesser included offense of unarmed robbery 🗸🗸🗸 : 1 ) take and carry away; 2) money or prop 3) from v or immediate control 4) with intent to permanently deprive Armed Robbery (Felony) 🗸🗸🗸 : 1 ) armed with a dw 2) assaults another; AND 3) takes $ or prop

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    7 | P a g e Criminal Harassment (Warrantless with PC) - no relationship required - speech as "fighting words" - after suspect charged, further contact can be Intimidating a Witness 🗸🗸🗸 : 1 ) Kn owingly, willfully, engage in a pattern of conduct, speech or series of acts; 2) targeting a specific victim 3) on at least THREE occasions; and 4) nature of acts would cause reasonable person to suffer substantial emotional distress Stalking (Felony) - needs only one threat - can be through phone, email, internet 🗸🗸🗸 : 1 ) willfully and maliciously, engage in pattern of conduct or series of acts; 2) targeting a specific victim; 3) on at least 3 occasions 4) where nature of conduct cause to suffer substa ntial emotional distress; AND 5) involved THREATS with intent to cause victim to be in imminent fear of death or SBI Threat to commit a crime (Complaint)

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    8 | P a g e - verbal or written - directly or indirectly 🗸🗸🗸 : 1 ) communicated intent to injure a person or prop of another; 2) now or in the future; 3) threatened injury, if carried out, would constitute a crime; and 4) suspect made threat under circumstances which conveyed fear; and 5) suspect has both the i ntention and ability to carry it out Crimes Against Property 🗸🗸🗸 : Chapter 266 Larceny (Presence <$1200) (Felony - Firearm or <$1200) 🗸🗸🗸 : 1 ) unlawfully take and carry away; 2) prop or money of another; and 3) with intent to permanently deprive pers on of property taken Larceny by False Pretense (Presence <$1200) (Felony - Firearm or <$1200) 🗸🗸🗸 : 1 ) make false statement of fact, and know the statement was false when made; 2) with intent that victim would rely on false info as true; and 3) victim p arted with or gave suspect property believing false statement was indeed true Larceny by embezzlement (Presence <$1200) (Felony - Firearm or <$1200)

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    9 | P a g e 🗸🗸🗸 : a) in position, or entrusted to possess property belonging to another person or entity; b) took, h id, or converted entrusted property into own use without consent from owner; c) with intent to permanently deprive owner or property Stealing in a building (Felony: regardless of property value) 🗸🗸🗸 : 1 ) take and carry away prop owned by another; 2) fro m within a building, ship or vessel used to keep property safe; and 3) with intent to permanently deprive Larceny of bicycle 🗸🗸🗸 : (Must exceed $10 ; Felony if second offense) Larceny of leased or rented personal property (Complaint) 🗸🗸🗸 : 1 ) rent or leased property 2) place all or part of property beyond control of owner; and 3) - conceal or aid in concealment - refuse to return within 10 days - sell, convey or pledge without consent Shoplifting (Warrantless with PC) - statements f rom merchants or their employees constitutes PC

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    10 | P a g e - retail merchandise: does not need to be completely removed from premises 🗸🗸🗸 : 1) unlawful taking, carrying away or transferring of any retail merchandise displayed, held, stored or offered for sale 2) wi th intent to permanently deprive 3) without paying Shoplifting Crimes 🗸🗸🗸 : - concealing merchandise - switching price tag - switching containers ringing up false price - remove shopping cart Felony Shoplifting Crimes 🗸🗸🗸 : a) Distribution, possessi on, and unlawful use of theft detection shielding devices b) forging retail receipt, price ticket, or UPC label c) organized and aggravated retail crime - with 2 or more persons - within 180 day period - > $2500 Receiving stolen property 🗸🗸🗸 : 1 . knowingly receive stolen property

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    11 | P a g e 2. control or take custody misdemeanor (<1200) felony (>1200) Breaking 🗸🗸🗸 : physical force, however slight, to remove any obstruction that bars entry - breaking window - forcing door or window open - open ing a close door or window Entry 🗸🗸🗸 : occurs when any part of the offender's body or any weapon or tool controlled by the offender, physically enters the premise dwelling house 🗸🗸🗸 : any place where people are domiciled or may sleep Nighttime being s ________ after sunset and ends ________ before sunrise 🗸🗸🗸 : 1 hour; 1 hour B&E with intent to commit felony

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    12 | P a g e 🗸🗸🗸 : a) B&E into a premise b) at night; and c) with intent to commit felony B& E with intent to commit misdemeanor (Presence for breach of peace or Complaint) 🗸🗸🗸 : a) B&E into a premise b) at any time day or night; and c) with intent to commit misdemeanor Entering without breaking at night; B&E in daytime (Felony) 🗸🗸🗸 : a) ente rs premise without breaking at night; OR breaks and enters in daytime b) with intent to commit felony; and c) persons lawfully inside are put in fear Enter dwelling house at night without breaking (Felony) 🗸🗸🗸 : a) enters dwelling house without breaking at night; OR B&E in daytime; b) with intent to commit felony c) persons lawfully inside are NOT put in fear Armed assault inside dwelling (Felony) 🗸🗸🗸 : a) enters dwelling while armed with a firearm or dw b) commits an assault on a person inside: and c) with specific intent to commit a separate felony

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    13 | P a g e Unarmed Burglary (Felony) 🗸🗸🗸 : a) B&E a dwelling house at night b) with intent to a commit a felony; and c) is not armed with a firearm or dw and does not assault Armed Burglary (Felony) 🗸🗸🗸 : a) B &E a dwelling house at night; b) with intent to commit a felony; and c) is armed with a firearm or dw beforehand; OR arms himself after entry; and d) assaults a lawful occupant Home Invasion (Felony) 🗸🗸🗸 : a) enters dwelling of another person while arme d with a firearm or dw b) knowing that one or more persons is inside; OR enters without knowledge of persons inside, but remains inside after learning someone is inside; and c) uses or threatens to use force inside; OR intentionally causes injury to person s inside Burglary Tools (Felony) 🗸🗸🗸 : 1 ) knowingly possess 2) could reasonably used to cut, force or break into 3) with intent to use the tool

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    14 | P a g e Trespassing (Presence or Complaint) - not a lesser offense of B&E 🗸🗸🗸 : 1 ) enter or remain in a house, bu ilding, boat or enclosed land of another 2) without permission; 3) after having been forbidden to enter or remain there by person in lawful control of the premises, whether directly (verbally), posted notice or court order Three types of Perjury (Felony) 🗸🗸🗸 : 1 ) false statements 2) inconsistent statements 3) false statement in a document Bribery - illegal to accept or offer a bribe (Felony) 🗸🗸🗸 : public employee, with corrupt intent False reports to police officers (Presence if made directly to PO) (Complaint if made over phone) 🗸🗸🗸 : a) intentionally make, or cause to make another person to make b) false report of a crime Resisting Arrest (Presence) 🗸🗸🗸 : 1 ) offenders must know he is dealing with officers making an arrest

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    15 | P a g e 2) simple physical resistance meets elements 3) flight alone is not enough unless it creates a substantial risk of injury Disorderly Conduct (Presence if in public) 🗸🗸🗸 : 1 ) intentionally created or reckless ly created; 2) risk, hazard, or annoyance that inconvenienced or alarmed the public; and 3) by committing one or more: - fighting - tumultuous behavior (serves no legitimate purpose) - causing a physically hazardous condition by using offensive language (fighting words) Disturbing the Peace (Presence) 🗸🗸🗸 : a) intentionally engage in conduct most people would find unreasonably disruptive or annoying; b) conduct did disturb at least 1 person in a public place; OR interfered with at least 1 person norm al activity Pistol has a barrel length of less than ______ inches Shotgun has a smooth bore barrel of _______ inches or more in length - overall length of _______ inches Rifle has a rifled bore barrel of ______ inches or more

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