MPTC Criminal Law – Questions With Complete Solutions They interfere with social order or violate common morals, values, norms or customs of decency ✔️Ans - Crimes against the public are considered harmful to society because the public at large ✔️Ans - The victim for most crimes against the public is • gambling • prostitution • disorderly conduct • weapons offenses • drug and alcohol crimes ✔️Ans - Common crimes against the public include false statements, inconsistent statements and false statement in a document ✔️Ans - three types of perjury accepting a bribe ✔️Ans - (1) a public employee may never, with corrupt intent; (2) ask, demand or agree to receive anything of value; (3) in exchange for an official favor, fraud on a public agency or promising to take any action or official inaction corrupt intent ✔️Ans - a direct or indirect offer to provide something of value for official action or inaction. Commonwealth v. Qualter, 19 Mass.App. Ct. 970 (1985) direct evidence ✔️Ans - directly links a person to a crime and without the need of any additional evidence or inference.For example, a video recording of offender robbing the convenience store while holding a gun.Circumstantial evidence ✔️Ans - relies on an inference to connect a conclusion of fact 1 / 2
physical evidence ✔️Ans - tangible and may be direct or circumstantial includes objects, property or items seized at crime scenes or during searches testimonial evidence ✔️Ans - evidence that may be direct or circumstantial. It includes first-hand statements made by victims, witnesses, suspects or police.• statements made directly to police • spontaneous utterances overheard by witnesses • written statements • interview and interrogation recordings ✔️Ans - Examples of testimonial evidence can include Direct (Testimonial) Evidence ✔️Ans - when a victim, suspect or witness makes a statement about what he or she saw, heard or felt "firsthand" using his or her own senses.circumstantial testimonial evidence ✔️Ans - evidence that suggests other facts from which reasonable inferences can be drawn.hearsay testimony ✔️Ans - "second-hand" knowledge repeated about what another person said about what he or she saw, heard or felt.spontaneous (or excited) utterance. ✔️Ans - Generally, a witness cannot testify in court about what another person told him, but there are several exceptions to the rule against hearsay. The most common hearsay exception is a Spontaneous utterances ✔️Ans - out-of-court statements uttered during the heat of the moment while under stress or excitement.These negate premeditation or fabrication and tend to qualify, characterize, or explain an underlying event.
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