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

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1|P a g eMPTC Final Exam Study DeckQuestions&100% Verified Answers | Latest Update | AlreadyGraded 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, justifyor excuse a defendant from alleged fault or guilt🗸🗸🗸:ExculpatoryEvidence to be admissible in court must be _____ and _______🗸🗸🗸:relevant; reliableMala in se

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2|P a g e🗸🗸🗸:wrong or evil in itselfmala prohibita🗸🗸🗸:offenses prohibited by law but not wrong in themselvesactus reus🗸🗸🗸:guilty actmens rea🗸🗸🗸:guilty mindTypes of intent🗸🗸🗸:-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

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3|P a g eTypes of intent (3)🗸🗸🗸:1) Specific-specific "purpose"2) General-"knowingly" commits3) TransferredConspiracy🗸🗸🗸:-Agreement between2or more people to do something unlawful-joined knowingly the unlawful plan and with intent to help carry it outCrimes Against Persons🗸🗸🗸:Chapter265Assault-mere words are not sufficient without overt act🗸🗸🗸: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

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4|P a g e2) Threatened battery-suspect intentionally engaged in menacing conduct that;-reasonably caused the v to be in fear of battery> Presence or ComplaintAssault by dangerous weapon (Felony)🗸🗸🗸:1) suspect attempted or threatened to commit battery w/ intent to cause fear2) by using dangerous weaponAssault 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 consent2) Reckless A&B-intentional reckless conduct that;-caused injury or physical harm to anotherAssault in dwelling house with dangerous weapon (Felony)🗸🗸🗸:1) enters house while armed with DW2) assaults another with intent to commit a felony

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5|P a g eA&B against specific persons (Felony)🗸🗸🗸:a) Person60or olderb) elderly or disabled personc) pregnant persond) Child under 14 y/oe) POMayhem (Felony)🗸🗸🗸:a) Specific Acts-maliciously intend to maim or disfigure; AND-committed one of the following> cut out, remove tongue> pull out or maim eyeb) Dangerous Substances or Weaponsc) Privy-suspect knew of another person's intent to maim or dsifugure; OR was present andaidedIndecent 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 e2) on v 14 or odler3) victimdid not consentUnarmed 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; and3) takes money or property from v immediate controlLarceny from person (Felony)-lesser included offense of unarmed robbery🗸🗸🗸:1) take and carry away;2) money or prop3) from v or immediate control4) with intent to permanently depriveArmed Robbery (Felony)🗸🗸🗸:1) armed with a dw2) assaults another; AND3) takes $ or prop

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7|P a g eCriminal Harassment (Warrantless with PC)-no relationship required-speech as "fighting words"-after suspect charged, further contact can be Intimidating a Witness🗸🗸🗸:1) Knowingly, willfully, engage in a pattern of conduct, speech or series of acts;2) targeting a specific victim3) on at least THREE occasions; and4) nature of acts would cause reasonable person to suffer substantial emotional distressStalking (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 occasions4) where nature of conduct cause to suffer substantial emotional distress; AND5) involved THREATS with intent to cause victim to be in imminent fear of death or SBIThreat 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; and4) suspect made threat under circumstances which conveyed fear; and5) suspect has both the intention and ability to carry it outCrimes Against Property🗸🗸🗸:Chapter266Larceny (Presence <$1200) (Felony-Firearm or <$1200)🗸🗸🗸:1) unlawfully take and carry away;2) prop or money of another; and3) with intent to permanently deprive person of property takenLarceny 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; and3) victim parted with or gave suspect property believing false statement was indeed trueLarceny 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 orentity;b) took, hid, or converted entrusted property into own use without consent from owner;c) with intent to permanently deprive owner or propertyStealing in a building (Felony: regardless of property value)🗸🗸🗸:1) take and carry away prop owned by another;2) from within a building, ship or vessel used to keep property safe; and3) with intent to permanently depriveLarceny of bicycle🗸🗸🗸:(Must exceed$10; Felony if second offense)Larceny of leased or rented personal property (Complaint)🗸🗸🗸:1) rent or leased property2) place all or part of property beyond control of owner; and3)-conceal or aid in concealment-refuse to return within 10 days-sell, convey or pledge without consentShoplifting (Warrantless with PC)-statements from 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 merchandisedisplayed, held, stored or offered for sale2) with intent to permanently deprive3) without payingShoplifting Crimes🗸🗸🗸:-concealing merchandise-switching price tag-switching containersringing up false price-remove shopping cartFelony Shoplifting Crimes🗸🗸🗸:a) Distribution, possession, and unlawful use of theft detection shielding devicesb) forging retail receipt, price ticket, or UPC labelc) organized and aggravated retail crime-with 2 or more persons-within 180 day period-> $2500Receiving stolen property🗸🗸🗸:1. knowingly receive stolen property

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11|P a g e2. control or take custodymisdemeanor (<1200)felony (>1200)Breaking🗸🗸🗸:physical force, however slight, to remove any obstruction that bars entry-breaking window-forcing door or window open-opening a close door or windowEntry🗸🗸🗸:occurs when any part of the offender's body or any weapon or tool controlled bythe offender, physically enters the premisedwelling house🗸🗸🗸:any place where people are domiciled or may sleepNighttime beings ________ after sunset and ends ________ before sunrise🗸🗸🗸:1hour;1hourB&E with intent to commit felony

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12|P a g e🗸🗸🗸:a) B&E into a premiseb) at night; andc) with intent to commit felonyB&E with intent to commit misdemeanor (Presence for breach of peace or Complaint)🗸🗸🗸:a) B&E into a premiseb) at any time day or night; andc) with intent to commit misdemeanorEntering without breaking at night; B&E in daytime (Felony)🗸🗸🗸:a) enters premise without breaking at night; OR breaks and enters in daytimeb) with intent to commit felony; andc) persons lawfully inside are put in fearEnter dwelling house at night without breaking (Felony)🗸🗸🗸:a) enters dwelling house without breakingat night; OR B&E in daytime;b) with intent to commit felonyc) persons lawfully inside are NOT put in fearArmed assault inside dwelling (Felony)🗸🗸🗸:a) enters dwelling while armed with a firearm or dwb) commits an assault on a person inside: andc) with specific intent to commit a separate felony

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13|P a g eUnarmed Burglary (Felony)🗸🗸🗸:a) B&E a dwelling house at nightb) with intent to a commit a felony; andc) is not armed with a firearm or dw and does not assaultArmed Burglary (Felony)🗸🗸🗸:a) B&E a dwelling house at night;b) with intent to commit a felony; andc) is armed with a firearm or dw beforehand; OR arms himself after entry; andd) assaults a lawful occupantHome Invasion (Felony)🗸🗸🗸:a) enters dwelling of another person while armed with a firearm or dwb) knowing that one or more persons is inside; OR enters without knowledge of personsinside, but remains inside after learning someone is inside; andc) uses or threatens to use force inside; OR intentionally causes injury to persons insideBurglary Tools (Felony)🗸🗸🗸:1) knowingly possess2) could reasonably used to cut, force or break into3) with intent to use the tool

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14|P a g eTrespassing (Presence or Complaint)-not a lesser offense of B&E🗸🗸🗸:1) enter or remain in a house, building, boat or enclosed land of another2) without permission;3) after having been forbidden to enter or remain there by person in lawful control of thepremises, whether directly (verbally), posted notice or court orderThree types of Perjury (Felony)🗸🗸🗸:1) false statements2) inconsistent statements3) false statement in a documentBribery-illegal to accept or offer a bribe (Felony)🗸🗸🗸:public employee, with corrupt intentFalse reports to police officers (Presence if made directly to PO) (Complaint if madeover phone)🗸🗸🗸:a) intentionally make, or cause to make another person to makeb) false report of a crimeResisting Arrest (Presence)🗸🗸🗸:1) offenders must knowhe is dealing with officers making an arrest

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15|P a g e2) simple physical resistance meets elements3) flight alone is not enough unless it creates a substantial risk of injuryDisorderly Conduct (Presence if in public)🗸🗸🗸:1) intentionally created or recklessly created;2) risk, hazard, or annoyance that inconvenienced or alarmed the public; and3) 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 unreasonablydisruptive or annoying;b) conduct did disturb at least 1 person in a public place; OR interfered with at least 1person normal activityPistol has a barrel length of less than ______ inchesShotgun has a smooth bore barrel of _______ inches or more in length-overall length of _______ inchesRifle has a rifled bore barrel of ______ inches or more

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