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100 Cards in this Set
- Front
- Back
Criminal Jurisdiction: which Mass court has jurisdiction over all crimes except juvenile
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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
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juvenile Court has exclusive jurisdiction over __________ except when _________
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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 |
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Felony= crime w state prison sentence of ________ years
Misdemeanor = crime w maximum sentence of ______years |
Felony: any length of period, as long as it's a possible STATE PRISON SENTENCE.
Misdemeanor: maximum 2.5 years in house of correction |
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Accessories before the fact
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do not exist in Mass. All are principals.
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Accessories after the fact liability does not exist for
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certain family members: they may not be convicted of being accessory after the fact to a relative who is the principal
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Joint Venture
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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"
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what is required if the conviction of ∆ is based on accomplice testimony and nothing else
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requires corroboration iff accomplice was granted immunity
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Conspiracy in Massachusetts
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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) |
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Wharton rule is
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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)
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Mass: Wharton rule does not apply to what charge?
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Conspiracy to distribute drugs
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what factors do Mass courts consider to determine if something constitutes an overt act >> an attempt?
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-gravity of the crime
-uncertainty of the result of the act -seriousness of threatened danger ("DANGEROUSLY CLOSE" TEST) |
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Threats in Mass
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Threats to commit a crime against the person or property of another = crime
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diminished Capacity
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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)
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Infancy
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-no presumption of incapacity of offender under 14
-No rule that child under 14 is incapable of rape |
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Self defense and retreat:
-what must the occupant of a house believed at time of crime? -was there an obligation to retreat? |
-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 |
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arrest by private person allowed only if
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person has in fact committed a felony and only non-deadly force may be used
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Aggravated Battery in Massachusetts
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does not exist, but ther are sentencing enhancement for battery that causes serious bodily injury or is against the typical protected persons
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Assault
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no requirement that victim be placed in apprehension or fear of bodily harm.
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mayhem
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requires prosecutor to prove specific intent to disfigure the victim
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For purposes of homicide, human being includes
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viable fetus
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Melanie's law
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OUI resulting in manslaughter results in harsher penalties for the killing and additional penalties for subsequent OUI offenses.
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*Voluntary manslaughter in Mass is defined as
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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. |
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Voluntary manslaughter: provocation
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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
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involuntary manslaughter in Mass
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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) |
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Vehicular homicide:
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not a separate crime in Mass, just used to describe manslaughter committed by means of motor vehicle.
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Second degree murder
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-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 |
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First Degree murder
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-premeditated and deliberate
-or particularly vicious (extreme atrocity or cruelty), -or felony murder where underlying felony is punishable by death or life imprisonment |
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Felony murder: what if death is caused by police pursuing defendant?
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In Massachusetts: no felony murder. Felony murder only applies if killing perpetrated by ∆ or a co-felon only!
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Kindnapping is
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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 |
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Larceny
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if property stolen is over $250 or a car, it's grand larceny
if it's under $250, petit larceny (misdemeanor) |
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writing a Bad check
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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. |
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writing a bad check: failing to pay within 2 days of finding out the check wasn't paid
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Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank
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Burglary
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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 |
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Breaking and entering and criminal trespass
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if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so
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Arson in Mass includes
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all man-made structures regardless of ownership (∆'s own property included)
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Carjaking: defined
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confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not |
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OUI: defined
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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"
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gaining access to computer system without authorization
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-if done knowingly
then it's a crime |
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Stalking:
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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 |
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writing a Bad check
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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. |
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intimidation of a witness
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is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)
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writing a bad check: failing to pay within 2 days of finding out the check wasn't paid
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Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank
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Burglary
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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 |
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Breaking and entering and criminal trespass
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if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so
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Arson in Mass includes
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all man-made structures regardless of ownership (∆'s own property included)
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Carjaking: defined
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confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not |
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OUI: defined
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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"
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gaining access to computer system without authorization
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-if done knowingly
then it's a crime |
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Stalking:
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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 |
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intimidation of a witness
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is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)
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writing a Bad check
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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. |
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writing a bad check: failing to pay within 2 days of finding out the check wasn't paid
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Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank
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Burglary
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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 |
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Breaking and entering and criminal trespass
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if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so
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Arson in Mass includes
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all man-made structures regardless of ownership (∆'s own property included)
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Carjaking: defined
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confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not |
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OUI: defined
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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"
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gaining access to computer system without authorization
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-if done knowingly
then it's a crime |
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Stalking:
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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 |
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intimidation of a witness
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is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)
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writing a Bad check
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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. |
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writing a bad check: failing to pay within 2 days of finding out the check wasn't paid
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Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank
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Burglary
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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 |
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Breaking and entering and criminal trespass
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if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so
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Arson in Mass includes
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all man-made structures regardless of ownership (∆'s own property included)
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Carjaking: defined
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confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not |
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OUI: defined
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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"
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gaining access to computer system without authorization
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-if done knowingly
then it's a crime |
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Stalking:
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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 |
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writing a Bad check
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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. |
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intimidation of a witness
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is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)
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writing a bad check: failing to pay within 2 days of finding out the check wasn't paid
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Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank
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Burglary
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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 |
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Breaking and entering and criminal trespass
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if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so
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Arson in Mass includes
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all man-made structures regardless of ownership (∆'s own property included)
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Carjaking: defined
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confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not |
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OUI: defined
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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"
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gaining access to computer system without authorization
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-if done knowingly
then it's a crime |
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Stalking:
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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 |
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intimidation of a witness
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is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)
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writing a Bad check
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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. |
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writing a bad check: failing to pay within 2 days of finding out the check wasn't paid
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Is presumptive evidence of intent to defraud and to knowledge of insufficient funds in the bank
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Burglary
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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 |
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Breaking and entering and criminal trespass
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if no intent to commit a felony or misdemeanor, then criminal trespass: only requires that ∆ remain in premises after being forbidden from doing so
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Arson in Mass includes
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all man-made structures regardless of ownership (∆'s own property included)
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Carjaking: defined
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confining, maiming, of puttinga person in fear for purpose of stealing a motor vehicle.
-irrelevant whether ∆ managed to steal the car or not |
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OUI: defined
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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"
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gaining access to computer system without authorization
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-if done knowingly
then it's a crime |
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Stalking:
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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 |
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intimidation of a witness
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is illegal in Mass, at any stage of a criminal proceeding (i.e. the proceeding must have started)
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Drug offenses: persons who manufacture, distribute and dispense controlled substances
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must be registered with the Commonwealth.
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knowingly possessing a controlled substance is illegal unless
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you have a prescription
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knowingly or inentionally possessing controlled substance with intent to manufacture, distribute or dispensing is illegal. Intent may be inferred by
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-quantity possessed
-manner packaged -records held by ∆ |
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being knowingly present where controlled substances are found
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-is no longer a crime
-except for heroin |
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for purposes of child pornography, a child is
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anyone under 18 years
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Constructive possession of a weapon requires that ∆
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-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 |
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Victims of crime: compensation
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available ($25,000)
-must file with AG office within 3 years of crime -crime must have been reported within 5 days (except for rape) |
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Felony for hire
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anyone hired to commit a felony is guilty of the felony itself and of felony for hire, a separate crime.
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SoL
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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. |
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SoL tolling
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-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. |