Crim Law: Mass Distinctions

Front 1

Criminal Jurisdiction: which Mass court has jurisdiction over all crimes except juvenile

Back 1

superior court. Appellate and SJC have juris over appeals. However, district corts have jurisdiciton concurrent with superior court over all misdemeanors, violations of bylaws, ordinances; plus some felonies. District court judge may not sentence ∆ to state prison

Front 2

juvenile Court has exclusive jurisdiction over __________ except when _________

Back 2

exclusive jurisdiciton over cases of juvenile offenders under 17.
Except when a juvenile is charged with Murder 1 and is at least 14, but under 18. then ∆ is tried in superior court

Front 3

Felony= crime w state prison sentence of ________ years
Misdemeanor = crime w maximum sentence of ______years

Back 3

Felony: any length of period, as long as it's a possible STATE PRISON SENTENCE.

Misdemeanor: maximum 2.5 years in house of correction

Front 4

Accessories before the fact

Back 4

do not exist in Mass. All are principals.

Front 5

Accessories after the fact liability does not exist for

Back 5

certain family members: they may not be convicted of being accessory after the fact to a relative who is the principal

Front 6

Joint Venture

Back 6

SCJ: if more than 1 person participated in a crime, Commonwealth must prove that ∆ knowingly participated in the commission of the crime charged, with intent required. joint venturer is guilty of the crime of the principal, not of "joint ventureship"

Front 7

what is required if the conviction of ∆ is based on accomplice testimony and nothing else

Back 7

requires corroboration iff accomplice was granted immunity

Front 8

Conspiracy in Massachusetts

Back 8

requires no overt act, just
-the agreement
-to commit an unlawful act

*requires meeting of the minds of at least 2 (not enough to have 1∆ and 1 undercover cop)

Front 9

Wharton rule is

Back 9

no conspiracy charge for crimes that could only be committed by multiple people, when the number of people involved is the minimum number required for the crime (2 people committing adultery)

Front 10

Mass: Wharton rule does not apply to what charge?

Back 10

Conspiracy to distribute drugs

Front 11

what factors do Mass courts consider to determine if something constitutes an overt act >> an attempt?

Back 11

-gravity of the crime
-uncertainty of the result of the act
-seriousness of threatened danger ("DANGEROUSLY CLOSE" TEST)

Front 12

Threats in Mass

Back 12

Threats to commit a crime against the person or property of another = crime

Front 13

diminished Capacity

Back 13

evidence which would absolve of any crime but is not enough for insanity = reduces a killing from 1st to 2d degree murder (lack of premeditation) or to manslaughter (absence of malice)

Front 14

Infancy

Back 14

-no presumption of incapacity of offender under 14
-No rule that child under 14 is incapable of rape

Front 15

Self defense and retreat:
-what must the occupant of a house believed at time of crime?
-was there an obligation to retreat?

Back 15

-home dweller must have reasonable belief that intruder was about to inflict death or great bodily injury and must have used reasonable means of self-defense
-no duty to retreat from person unlawfully in dwelling*
*hallway outside the apartment ≠ dwelling

Front 16

arrest by private person allowed only if

Back 16

person has in fact committed a felony and only non-deadly force may be used

Front 17

Aggravated Battery in Massachusetts

Back 17

does not exist, but ther are sentencing enhancement for battery that causes serious bodily injury or is against the typical protected persons

Front 18

Assault

Back 18

no requirement that victim be placed in apprehension or fear of bodily harm.

Front 19

mayhem

Back 19

requires prosecutor to prove specific intent to disfigure the victim

Front 20

For purposes of homicide, human being includes

Back 20

viable fetus

Front 21

Melanie's law

Back 21

OUI resulting in manslaughter results in harsher penalties for the killing and additional penalties for subsequent OUI offenses.

Front 22

*Voluntary manslaughter in Mass is defined as

Back 22

killing from sudden transport of passion or heat of blood, on a reasonable provocation and without malice,
-or upon sudden combat
-use of excessive force in self-defesne is voluntary manslaughter.

Front 23

Voluntary manslaughter: provocation

Back 23

words alone are not enough unless they are inflamatory information (such as revealing infidelity of a spouse or lover): provocation must come from victim, not 3d persons

Front 24

involuntary manslaughter in Mass

Back 24

unintentional death
-while committing act that is wanton or reckless
-during the commission of unlawful act not amounting to a felony nor likely to endanger life.
(omission can be the basis of conviction if ∆ had duty to act)

Front 25

Vehicular homicide:

Back 25

not a separate crime in Mass, just used to describe manslaughter committed by means of motor vehicle.

Front 26

Second degree murder

Back 26

-murder which is not first degree but is unlawful and with malice aforethought
-or non-atrocity murder 1 committed while intoxicated
-felony murder where underlying felony is not punishable by death or life imprisonment

Front 27

First Degree murder

Back 27

-premeditated and deliberate
-or particularly vicious (extreme atrocity or cruelty),
-or felony murder where underlying felony is punishable by death or life imprisonment

Front 28

Felony murder: what if death is caused by police pursuing defendant?

Back 28

In Massachusetts: no felony murder. Felony murder only applies if killing perpetrated by ∆ or a co-felon only!

Front 29

Kindnapping is

Back 29

forcible or secret confinement or imprisonment or carrying or sending someone out of Mass.
if committed with intent to extort valuables, life imprisonment may be imposed

Front 30

Larceny

Back 30

if property stolen is over $250 or a car, it's grand larceny
if it's under $250, petit larceny (misdemeanor)

Front 31

writing a Bad check

Back 31

it's false pretenses:
-writing a check
-with intent to defraud
-with knowledge of insufficient funds
= attempted larceny
If you actually obtain something in exchange (money, services, etc.) it's larceny.

Front 32

writing a bad check: failing to pay within 2 days of finding out the check wasn't paid

Back 32

Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank

Front 33

Burglary

Back 33

Mass: CL burgralry is
-breaking and entering
-of dwelling of another
-at night
-with intent to commit a felony therein.
Statutorily: unlawful breaking and entering into structures other thna homes (vessels, ships, vehicles, RR cars) is also ca crime; as is entering without breaking, breaking and entering during daytime, and breaking and entering with intent to commit misdemeanor

Front 34

Breaking and entering and criminal trespass

Back 34

if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so

Front 35

Arson in Mass includes

Back 35

all man-made structures regardless of ownership (∆'s own property included)

Front 36

Carjaking: defined

Back 36

confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not

Front 37

OUI: defined

Back 37

operating under the influence in any way or place where public has right of access. also, shifting gears, even if motor is off, is "operating"

Front 38

gaining access to computer system without authorization

Back 38

-if done knowingly
then it's a crime

Front 39

Stalking:

Back 39

it is a crime to
-willfully and maliciously
directed at a specific person which seriously alarms or annoys and which
-would cause a reasonable person to suffer substantial emotional distress
AND
-Make a threat with intent to place the person in imminent fear of death or serious bodily injury

Front 40

writing a Bad check

Back 40

it's false pretenses:
-writing a check
-with intent to defraud
-with knowledge of insufficient funds
= attempted larceny
If you actually obtain something in exchange (money, services, etc.) it's larceny.

Front 41

intimidation of a witness

Back 41

is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)

Front 42

writing a bad check: failing to pay within 2 days of finding out the check wasn't paid

Back 42

Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank

Front 43

Burglary

Back 43

Mass: CL burgralry is
-breaking and entering
-of dwelling of another
-at night
-with intent to commit a felony therein.
Statutorily: unlawful breaking and entering into structures other thna homes (vessels, ships, vehicles, RR cars) is also ca crime; as is entering without breaking, breaking and entering during daytime, and breaking and entering with intent to commit misdemeanor

Front 44

Breaking and entering and criminal trespass

Back 44

if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so

Front 45

Arson in Mass includes

Back 45

all man-made structures regardless of ownership (∆'s own property included)

Front 46

Carjaking: defined

Back 46

confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not

Front 47

OUI: defined

Back 47

operating under the influence in any way or place where public has right of access. also, shifting gears, even if motor is off, is "operating"

Front 48

gaining access to computer system without authorization

Back 48

-if done knowingly
then it's a crime

Front 49

Stalking:

Back 49

it is a crime to
-willfully and maliciously
directed at a specific person which seriously alarms or annoys and which
-would cause a reasonable person to suffer substantial emotional distress
AND
-Make a threat with intent to place the person in imminent fear of death or serious bodily injury

Front 50

intimidation of a witness

Back 50

is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)

Front 51

writing a Bad check

Back 51

it's false pretenses:
-writing a check
-with intent to defraud
-with knowledge of insufficient funds
= attempted larceny
If you actually obtain something in exchange (money, services, etc.) it's larceny.

Front 52

writing a bad check: failing to pay within 2 days of finding out the check wasn't paid

Back 52

Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank

Front 53

Burglary

Back 53

Mass: CL burgralry is
-breaking and entering
-of dwelling of another
-at night
-with intent to commit a felony therein.
Statutorily: unlawful breaking and entering into structures other thna homes (vessels, ships, vehicles, RR cars) is also ca crime; as is entering without breaking, breaking and entering during daytime, and breaking and entering with intent to commit misdemeanor

Front 54

Breaking and entering and criminal trespass

Back 54

if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so

Front 55

Arson in Mass includes

Back 55

all man-made structures regardless of ownership (∆'s own property included)

Front 56

Carjaking: defined

Back 56

confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not

Front 57

OUI: defined

Back 57

operating under the influence in any way or place where public has right of access. also, shifting gears, even if motor is off, is "operating"

Front 58

gaining access to computer system without authorization

Back 58

-if done knowingly
then it's a crime

Front 59

Stalking:

Back 59

it is a crime to
-willfully and maliciously
directed at a specific person which seriously alarms or annoys and which
-would cause a reasonable person to suffer substantial emotional distress
AND
-Make a threat with intent to place the person in imminent fear of death or serious bodily injury

Front 60

intimidation of a witness

Back 60

is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)

Front 61

writing a Bad check

Back 61

it's false pretenses:
-writing a check
-with intent to defraud
-with knowledge of insufficient funds
= attempted larceny
If you actually obtain something in exchange (money, services, etc.) it's larceny.

Front 62

writing a bad check: failing to pay within 2 days of finding out the check wasn't paid

Back 62

Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank

Front 63

Burglary

Back 63

Mass: CL burgralry is
-breaking and entering
-of dwelling of another
-at night
-with intent to commit a felony therein.
Statutorily: unlawful breaking and entering into structures other thna homes (vessels, ships, vehicles, RR cars) is also ca crime; as is entering without breaking, breaking and entering during daytime, and breaking and entering with intent to commit misdemeanor

Front 64

Breaking and entering and criminal trespass

Back 64

if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so

Front 65

Arson in Mass includes

Back 65

all man-made structures regardless of ownership (∆'s own property included)

Front 66

Carjaking: defined

Back 66

confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not

Front 67

OUI: defined

Back 67

operating under the influence in any way or place where public has right of access. also, shifting gears, even if motor is off, is "operating"

Front 68

gaining access to computer system without authorization

Back 68

-if done knowingly
then it's a crime

Front 69

Stalking:

Back 69

it is a crime to
-willfully and maliciously
directed at a specific person which seriously alarms or annoys and which
-would cause a reasonable person to suffer substantial emotional distress
AND
-Make a threat with intent to place the person in imminent fear of death or serious bodily injury

Front 70

writing a Bad check

Back 70

it's false pretenses:
-writing a check
-with intent to defraud
-with knowledge of insufficient funds
= attempted larceny
If you actually obtain something in exchange (money, services, etc.) it's larceny.

Front 71

intimidation of a witness

Back 71

is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)

Front 72

writing a bad check: failing to pay within 2 days of finding out the check wasn't paid

Back 72

Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank

Front 73

Burglary

Back 73

Mass: CL burgralry is
-breaking and entering
-of dwelling of another
-at night
-with intent to commit a felony therein.
Statutorily: unlawful breaking and entering into structures other thna homes (vessels, ships, vehicles, RR cars) is also ca crime; as is entering without breaking, breaking and entering during daytime, and breaking and entering with intent to commit misdemeanor

Front 74

Breaking and entering and criminal trespass

Back 74

if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so

Front 75

Arson in Mass includes

Back 75

all man-made structures regardless of ownership (∆'s own property included)

Front 76

Carjaking: defined

Back 76

confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not

Front 77

OUI: defined

Back 77

operating under the influence in any way or place where public has right of access. also, shifting gears, even if motor is off, is "operating"

Front 78

gaining access to computer system without authorization

Back 78

-if done knowingly
then it's a crime

Front 79

Stalking:

Back 79

it is a crime to
-willfully and maliciously
directed at a specific person which seriously alarms or annoys and which
-would cause a reasonable person to suffer substantial emotional distress
AND
-Make a threat with intent to place the person in imminent fear of death or serious bodily injury

Front 80

intimidation of a witness

Back 80

is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)

Front 81

writing a Bad check

Back 81

it's false pretenses:
-writing a check
-with intent to defraud
-with knowledge of insufficient funds
= attempted larceny
If you actually obtain something in exchange (money, services, etc.) it's larceny.

Front 82

writing a bad check: failing to pay within 2 days of finding out the check wasn't paid

Back 82

Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank

Front 83

Burglary

Back 83

Mass: CL burgralry is
-breaking and entering
-of dwelling of another
-at night
-with intent to commit a felony therein.
Statutorily: unlawful breaking and entering into structures other thna homes (vessels, ships, vehicles, RR cars) is also ca crime; as is entering without breaking, breaking and entering during daytime, and breaking and entering with intent to commit misdemeanor

Front 84

Breaking and entering and criminal trespass

Back 84

if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so

Front 85

Arson in Mass includes

Back 85

all man-made structures regardless of ownership (∆'s own property included)

Front 86

Carjaking: defined

Back 86

confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not

Front 87

OUI: defined

Back 87

operating under the influence in any way or place where public has right of access. also, shifting gears, even if motor is off, is "operating"

Front 88

gaining access to computer system without authorization

Back 88

-if done knowingly
then it's a crime

Front 89

Stalking:

Back 89

it is a crime to
-willfully and maliciously
directed at a specific person which seriously alarms or annoys and which
-would cause a reasonable person to suffer substantial emotional distress
AND
-Make a threat with intent to place the person in imminent fear of death or serious bodily injury

Front 90

intimidation of a witness

Back 90

is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)

Front 91

Drug offenses: persons who manufacture, distribute and dispense controlled substances

Back 91

must be registered with the Commonwealth.

Front 92

knowingly possessing a controlled substance is illegal unless

Back 92

you have a prescription

Front 93

knowingly or inentionally possessing controlled substance with intent to manufacture, distribute or dispensing is illegal. Intent may be inferred by

Back 93

-quantity possessed
-manner packaged
-records held by ∆

Front 94

being knowingly present where controlled substances are found

Back 94

-is no longer a crime
-except for heroin

Front 95

for purposes of child pornography, a child is

Back 95

anyone under 18 years

Front 96

Constructive possession of a weapon requires that ∆

Back 96

-had knowledge of the item
-had ability and intention to exercise dominion and control over weapon
*not enough to place ∆ in the same car as a weapon

Front 97

Victims of crime: compensation

Back 97

available ($25,000)
-must file with AG office within 3 years of crime
-crime must have been reported within 5 days (except for rape)

Front 98

Felony for hire

Back 98

anyone hired to commit a felony is guilty of the felony itself and of felony for hire, a separate crime.

Front 99

SoL

Back 99

Murder: no SoL
Rape: SoL 15 yrs
Robbery, assault with intent to rob or murder, or incest: SoL 6 years
Any other crime: SoL 6 years.

Front 100

SoL tolling

Back 100

-while ∆ is not usually an publicly a resident of Mass, SoL tolls
-if victimi is uner 16, SoL doesn't run utnil child is over 16.