Mass Crim & Crim Pro Distinctions

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What are the jurisdictions of the various courts in MA?: Superior court â€“ original J over all crimes (except when juv. Court has J over youthful offenders) and the appeals and SJC has appellate crim. J.

Dist. Courts have J concurrent w/ Superior Court over all misdemeanors except criminal libel, violations of bylaws, ordinances, and town rules, all felonies punishable by imprisonment in state prison for not more than 5 years, and several enumerated felonies where punishment exceeds 5 yrs.

District judge cannot sentence defendant to state prison.
How do you tell the difference between a felony and a misdemeanor in MA?: Misdemeanor <= 2.5 years in HOC

Felony â€“ punishment mentions prison possibility

HOC = "House of Correction" = jail, not prison
Does MA use the distinctions between parties any more?: No â€“ although the labels are occasionally still used as an aid. An accessory before the fact may also be present at the scene of the crime. There are no accessories to a misdemeanor, only principals.
Can family members be an accessory after the fact in MA?: No, unless youâ€™re a distant family member. There is no accessory after the fact liability for certain family members. Spouses, parents, grandparents, siblings, children and grandchildren may not be convicted of being the accessory after the fact to a relative principal.
What is joint venture liability in MA?: A defendant is accountable for the crimes of the principal if the defendant is

1) present at the scene of the crime;

2) with knowledge that another intends to commit a crime or with intent to commit a crime; AND

3) by agreement is willing and available to help the other if necessary.

Please Know All - Presence, Knowledge, Agreement

A joint venturer is guilty of the crime of the principal, not of â€œjoint ventureship.â€ Presence at the scene of the crime distinguishes the joint venturer from the accessory.
What mental state is necessary to sustain a conviction of a joint venturer in MA?: The prosecution must show that the defendant shared with the principal the mental state required for the crime.
What are the statutes of limitation in MA for: - Murder - Rape, assault w/ intent to rape, conspiracy to commit these - Armed Robbery, Assault w/ intent to rob/murder, incest Any other crime?: Murder â€“ no limitation

Rape, etc. â€“ indict within 15 years

Armed robbery, etc. â€“ indict within 10 years

Any other â€“ indict within 6 years
What will toll the statute of limitation period for crimes in MA?: 1) Any time the D is not usually and publicly a resident of the Commonwealth will be excluded in determining time limitations.

2) If victim < 16, limitations period doesnâ€™t begin until victim has reached 16.
What is the crime of felony for hire in MA?: If you're getting paid to commit felony, additional felony.
Can a conviction be sustained on an accompliceâ€™s testimony alone in MA?: Yes, unless the accomplice was granted immunity. If so, corroboration is required.
Is an overt act required for conspiracy in MA?: No â€“ the conspiracy is complete when the agreement with the requisite intent has been reached. No attempt to commit a crime is necessary.
Does the object or means of the conspiracy need to be criminal for the crime of conspiracy to have been committed in MA?: A conspiracy may exist even though neither the means nor the object is criminal, so long as it is unlawful.
If Iâ€™ve entered a conspiracy in MA, can I be held liable for all the acts of my co-conspirators?: Only if accessory or joint venturer.
Does the Wharton rule apply in MA?: The Wharton Rule does not apply to a conspiracy to distribute drugs.
General question: What is the Wharton Rule? Exception?: If 2 people required for crime (dueling) need a third to make conspiracy.

Exception: When statute names both people as being guilty of conspiracy, only need those two.
In MA, how do we determine if an act was near enough to constitute an attempt?: Courts consider: 1) Gravity of the crime;

2) The uncertainty of the result of the act; and

3) the seriousness of any threatened danger.

GUS = Gravity, Uncertainty, Seriousness.

The â€œproximity testâ€ (dangerously close) seems to be favored by MA.
What if I threaten to commit a crime against a person in MA?: Itâ€™s a statutory offense to threaten to commit a crime against the person or property of another in MA.
Which test does MA use for insanity?: The MPC test.

1. D has either mental disease OR defect

2. which caused him to lack the substantial capacity to EITHER:

3. Appreciate the criminality of his conduct; or

4. Conform his conduct to the requirements of law

D&D caused Anti Conformity (Disease or defect caused appreciation or conformity)
What is the state of the diminished capacity defense in MA?: No dimished capacity

But could reduce first degree to second degree because of absence of premeditation or to manslaughter b/c no malice.
Can a 12 year old rape someone in MA?: MA does not recognize the common law rule that a child under 14 is incapable of committing rape, so yes.
Does MA require retreat to use self-defense?: Yes. Retreat to the wall, don't have to retreat in home.

(Home doesn't include hallway outside apartment)
Can a private person use force to arrest someone?: Felony, no mistake, non-deadly force.

A private person may lawfully arrest only someone who has in fact committed a felony; and only non-deadly force may be used.
How is assault different in MA?: There is no requirement for assault that the victim be placed in apprehension or fear of bodily harm. Otherwise, assault is similar to general intent assault.
How is mayhem different in MA?: To convict, the prosecutor must prove a specific intent to maim or disfigure the victim.
What do I need to know about fetuses in MA?: A viable fetus is a human being for purposes of murder and the vehicular homicide statute.
What is voluntary manslaughter in MA?: Itâ€™s judicially defined as a killing from sudden transport of passion or heat of blood on a reasonable provocation and without malice or on sudden combat.

No statutory definition.

Provocation or â€œheat of passionâ€ are not elements of the crime, however.

The elements are 1) an intentional infliction of an injury likely to cause death 2) which actually causes such death, and 3) unlawfulness or lack of legal justification or excuse such as self-defense, defense of others, or accident.
Okay, say that again, what are the elements of voluntary manslaughter in MA?: The elements are:

1) An intentional infliction of an injury likely to cause death;
2) Which actually causes such death;
3) With no excuse or justification

Triple-I DJ (Intentional Infliction of Injury, Death, no excuse/Justification)
Are words enough provocation to reduce homicide to voluntary manslaughter in MA?: Generally words alone are not sufficient. An exception has been carved out for inflammatory information, such as where an individual suddenly discovers the infidelity of a spouse or lover.
What is involuntary manslaughter in MA?: Unintentional killing caused by:

1) Doing something w/ wanton/reckless disregard of its danger

2. A bad battery

3. Excessive force in self-defense.

4. An omission if there is a duty to act.

WBIDO - Wanton, Battery, Imperfect Defense, Omission
What is vehicular homicide in MA?: Causing the death of another person by driving recklessly or negligently.

It is not a separate crime in MA, but rather is a term used to describe causing the death of another by means of a motor vehicle. However, death of a person caused by a motor vehicle operated by one who is driving recklessly or negligently as a result of intoxication results in the separate statutory crime of vehicular homicide by reckless or negligent operation of a vehicle while under the influence of an intoxicating substance with punishment therefore defined by that statute.
What is first degree murder in MA?: One commits first degree murder if the murder is:
1) Premeditated and deliberate
2) Particularly vicious (extreme atrocity or cruelty)
3) Committed in the course of the commission or attempted commission of a felony punishable by death or life imprisonment.
What is second degree murder in MA?: 1. All murder which is not first degree murder is second degree murder: unlawful killing with malice aforethought.

2. A person may also be guilty of second degree murder if he commits a non-atrocity first degree murder while voluntarily intoxicated.

3. For a second degree murder conviction based on felony-murder, the underlying felony must not be punishable by death or life imprisonment.
Okay, so what are the possible crimes that have been committed if we have a dead body in MA?: 1. First Degree murder
2. Second Degree Murder
3. Voluntary Manslaughter
4. Involuntary manslaughter
5. Vehicular homicide by reckless or negligent operation of a vehicle while under the influence of an intoxicating substance
Am I liable for the killing of my co-felons or a bystander by a third party while Iâ€™m committing the felony?: No. The killing must be directly perpetrated by the defendant or a co-felon. If the felony victim or a third-party bystander is killed by a police officer in pursuit of the defendant, the defendant is not guilty of felony murder.
What is kidnapping in MA?: Confines/imprisons w/in MA or sends out of MA against will

A kidnapper is one who, without lawful authority:

1) forcibly or secretly confines or imprisons another person w/in MA against his will OR

2) forcibly carries or sends such person out of MA against his will.
What is rape in MA? What intent is required? What else is required?: 1. Unconsented-to

2. sexual intercourse (or unnatural sexual intercourse)

3. Compelled by force or threat of bodily injury

Rape only requires general intent.

Rape requires penetration.
What about consent and rape in MA?: 1. Consent is a defense to rape.

2. Lack must be proved beyond reasonable doubt in prosecution case.

3. Later forgiveness does not equal consent.
Are there crimes against nature in MA?: Unnatural sexual acts are not criminal unless committed by force.
What is larceny in MA? What's the cutoff for grand larceny? Vehicle?: The omnibus larceny statute encompasses, stealing, obtaining by false pretenses, embezzlement, and converting or secreting the property of another.

If the value of the property stolen > $250, itâ€™s grand larceny. If the value is < $250 itâ€™s petit larceny, a misdemeanor.

Larceny of a motor vehicle is a felony, regardless of value.
What about bad checks, are those criminal in MA?: Yes â€“ Writing a Check, knowing you can't cover it, with intent to defraud.

1. Making, drawing, uttering, or delivering,

2. a check, draft, or order for the payment of money upon any bank

3. with knowledge that the maker or drawer has insufficient funds or credit to pay on the instrument,

4. where there is an intent to defraud another party.

Making a Check, knowing you can't cover it, with intent to defraud.
What is burglary in MA?: Common law burglary was breaking and entering into a dwelling at night w/ intent to commit a felony.

Statute has substituted structures (building, ship, vessel, vehicle) for dwelling.

5 possible crimes now derived statutorily from the common law burglary.
What are the important property crimes in MA?: 1. B & E w/ intent to commit a misdemeanor
2. B & E in night time w/ intent to commit felony
3. B & E in daytime w/ intent to commit felony
4. B & E in daytime or E at nighttime w/ intent to commit felony and placing one in lawfully therein in fear
5. Criminal trespass

B & E daytime includes lesser-included nighttime. If you donâ€™t mention time in complaint, can only be convicted of nighttime.
Whatâ€™s the difference between breaking and entering and criminal trespass in MA?: 1. B&E = intent to commit crime inside

2. Crim trespass = no intent to commit crime, but must stay after being forbidden
How is arson defined in MA? What is attempted arson?: Any man-made building, regardless of ownership.

Attempt = placing flammable/explosive materials in building for purposes of setting fire.
What are the elements of OUI in MA?: 1. Operation of
2. Motor vehicle
3. On a public way
4. Under the influence.

Operation includes shifting gears while engine not running.
What is carjacking in MA?: 1. One
2. With Intent to steal a motor vehicle
3. Assaults, confines, maims, or puts any person in fear
4. For the purpose of stealing that car

(Doesn't matter if perp was successful in stealing car)
What computer crimes are there in MA?: 1. Gaining Access w/o Permission

2. Obtaining commercial computer service w/o authorization

Gaining access w/o permission: Necessity of password puts person on notice that access is limited to authorized users.

Crime to obtain, or attempt to obtain, w/ intent to defraud, any commercial computer service by false representation, false statement, unauthorized charging to the account of another, by installing or tampering w/ any facilities or equipment or by any other means. â€œCommercial computer serviceâ€ means the use of computers, computer systems, computer programs, or access to or copying of data.
Is there a crime of stalking in MA? Elements?: It is a crime to either:

1. Willfully & Maliaciously
2. Engage in conduct or series of acts
3. over a period of time
4. Directed at a specific person
5. Which seriously alarms/annoys
6. And would cause a reasonable person to suffer emotional distress

William and Mary Eat Tomatoes Directly At Red's Diner (Willfully & Maliciously, Engage, Time, Directed, Alarms, Reasonable, Distress)

OR

1. Make a threat
2. With intent to place that person
3. In imminent fear of death or bodily injury.

(TIF - threat, intent, fear)

Contact by telephone, mail, e-mail, and fax is included w/in the purview of this crime.
What about witnesses? Any crimes about them in MA?: It is unlawful to endeavor to:

1. Interfere with a person
2. Through intimidation, force, or threat of force,
3. In any stage of a criminal proceding.
What about hate crimes in MA?: Hate crime =

1. A & B

2. Person or his property

3. w/ intent to intimidate

4. Based on suspect class (race, color, religion, national origin, sexual orientation or disability)
What special rules does MA have for drug offenses?: 1. Manufacture, distribute, or dispense = register with MA.

2. Controlled substances separated into classes (class A = heroin for example)

3. Illegal to possess w/o prescription,
Can I have child pornography in MA?: No â€“ it is a crime to knowingly purchase or possess child pornography. A child is defined as one under 18.
How do I prove that someone has constructive possession of a weapon in MA?: 1. Knowledge
2. Ability to control
3. Intention to exercise dominion & control

Not enough to find D in same car as gun, must prove that the D had knowledge of the item, coupled with the ability and intention to exercise dominion and control over it.
Iâ€™ve been the victim of a crime in MA. Does the state do anything special for me?: What? You want a cake?

1. Victim of violent crime

2. Eligible for up to $25k

3. File w/ AG w/in 3 yrs of crime.

4. Crime initially reported timely (under 5 days) unless good cause

5. Physical/psychological injury
How do you prove inevitable discovery in MA?: 1. W/ Specificity and detail

2. Discovery was certain as a practical matter.

3. Weigh severity of constitutional violation

4. Weigh police bad faith.
Besides the Constitution, what other ways might evidence be excluded in MA?: In addition to constitutionally based exclusionary remedies, MA provides exclusionary remedies under three statutes

(1) unauthorized secret use of electronic surveillance devices;

(2) searches incident to an illegal arrest;

(3) a deaf personâ€™s custodial right to an interpreter.

4. One phone call - police can't listen in (but if you make it right out there in the open and they HAPPEN to overhear...)

WIP-D - Wiretap, Illegal arrest, Phonecall, Deaf
What is a police pursuit considered in MA? What special rules govern pursuit in MA?: 1. A pursuit is the functional equivalent of a seizure.

2. Need the same level of cause to pursue as for equivalent seizure - otherwise exclusion

3. It's not pursuit if they silently follow you. (no sirens, no "HALT" etc.)
What is MA law on informantâ€™s tips?: MA looks at both the informantâ€™s reliability and his basis of knowledge to determine whether the tip justified the investigatory stop. An anonymous tip, by itself, may not be enough to justify even reasonable suspicion, therefore.
What is the duration of a traffic stop in MA?: Only as long as it takes to verify valid licence / registration unless grounds for further inquiry.

Furthermore, requesting ID from a passenger w/o an objective basis for suspicion is improper.
What rules does MA have for roadblocks?: 1. Strong public interest
2. Neutral guidelines
3. Conducted according to plan devised in advance by law enforcement

But, state doesnâ€™t need to show that the is no equally effective, yet less intrusive alternative to roadblock for enforcing drunk driving statutes.
Who has standing to contest evidence in MA?: For possession crimes there is automatic standing.

Auto/Home searches, might be extended.

Automatic standing is part of state Constitution. In crimes where possession of seized evidence is an essential element, the D automatically has standing to contest the legality of the search/seizure, as long as the D can show that a search, in the constitutional sense, has taken place.

The SJC has limited this holding to automobile and home searches, and suggested that it might be extended on a case-by-case basis.
What about tipsters and warrants in MA?: Basis of knowledge and reliability of tipster.

Weakness in one area can be shored up by corroboration.

Still adheres to the two part Aguilar-Spinelli test where the officerâ€™s affidavit of probable cause is based upon information obtained from an informant. Therefore, must show both (i) basis of informantâ€™s knowledge and (ii) that informant was reliable. Each prong of the test, must be independently satisfied, but any weakness in either factor may be overcome by independent police corroboration.
What special rules are there for the execution of a warrant in MA?: Law enforcement officials must have a copy of the search warrant in hand when executing it unless there are exigent circumstances justifying a warrantless search?
How does inventory search work in MA?: 1. Conform w/ a specific, written policy

2. If the policy doesn't say you can open containers, you can't open containers.
What about drug testing by the state in MA?: 1. No random drug tests UNLESS:

2. consent or

3. reasonable suspicion or

4. substantial gov't interest.

No Chickens or Roosters Sing Songs, Idiot (No unless Consent, Reasonable Suspicion, Substantial Interest)
Wiretapping in MA?: No warrantless wiretapping if done willfully. These recordings cannot be used in either case-in-chief or in rebuttal.
Blood samples in MA?: 1. Hearing

2. Probable cause that crime committed

3. PC that blood info relevant

4. Weigh intrusion against need for blood

5. GJ: Only reasonable basis to believe it will aid in their investigation of circumstances - good reason to believe crime

HPC (CBH) W GJ
What special rules govern confessions in MA?: MA follows the â€œhumane practiceâ€ rule. 2-step process.

1. Judge determines Voluntary prelim hearing in the absence of the jury.

2. Instruct jury not to consider confession if they find it not voluntary.
What about confessions that are given after a Miranda violation in MA?: Presumption, Break, Neutral

There is a presumption that a statement made following a Miranda violation is tainted.

It can be overcome by showing either:

(1) after the illegally obtained statement, there was a break in the stream of events that sufficiently insulated the post-Miranda statement from the tainted one, or

(2) the illegally obtained statement did not incriminate the D.

The inquiry focuses on whether the 2nd statement was voluntarily made. A prior statement may reasonably cause D to believe that he has already â€œlet the cat out of the bagâ€ and thus, goes against voluntariness.
What special things does the 5th amendment protect in MA?: Refusal to submit to breathalyzer and certain other tests.
What special rules does MA follow when it comes to pretrial IDs?: Unnecessarily suggestive ID excluded + subsequent ID unless proven untainted.

MA Constitution provides a per se rule of exclusion. An unnecessarily suggestive ID will automatically be excluded at trial. Any subsequent ID by the witness will also be excluded unless the CW can show that the subsequent ID was untainted by the prior ID.
What do judges consider when determining bail in MA?: Dangerousness not a factor for amount, but factor for getting bail at all.

Under the Bail Reform Act of 1994, dangerousness is no longer a factor for bail (amount).

But, legislature enacted a new statute that established procedures for employing dangerousness as a factor in determining whether a D shall be released on bail and under what circumstances. If an allegation that the D poses a danger to the safety of any person or community and judge finds no condition of release will reasonably assure safety, judge must order pretrial detention.
What happens with statements that the police elicit hours after arrest? Exceptions?: Questions after 6 hours inadmissible unless arraigned, waiver, drunk or disaster.

AWDD (arraingned, waiver, drunk, disaster)
In MA, statements made by an arrestee in response to police questioning more than 6 hours after an arrest (â€œSafe harborâ€ period) are inadmissible unless D has been arraigned or has made and informed and voluntary written or recorded waiver of his right to be arraigned w/o unreasonable delay.

An exception applies if the person is incapacitated b/c of a self-induced disability â€“ drug use. In such cases, â€œsafe harborâ€ doesnâ€™t commence until sober.

If interrogation has to be interrupted b/c of reasons outside police control, disaster/emergency, the period is tolled for reasonable period.
What about the probable cause hearing in MA? Whatâ€™s it called?: Gerstein hearing -

1. After Warrantless arrest - as soon as possible - determine probable cause for arrest

2. After 24 hours, cops must show why so long (extraordinary circumstances)

- A person arrested for OUI has a right to prompt release on bail and be informed about right to have independent blood test.
I've been charged with OUI. I want to get an independent blood test. Can the police stop me?: Police donâ€™t have to assist D in obtaining the blood test, but cannot impede him
When does MA require a grand jury indictment?: For a valid felony prosecution in Superior Court, a Grand Jury indictment or presentment is required.
What happens when a defendant is involuntarily medicated in MA?: If mental state is at issue, it violates right to present evidence.

Involuntary medication of a D denies him his MA Cons. right to produce evidence at trial as to his mental condition and sanity, so long as the defendantâ€™s demeanor in an unmedicated state is relevant.
When do the D and public have a right to attend trial in MA?: The Dâ€™s and Publicâ€™s right to be present at all critical stages of proceeding extends to individual voir dire of the prospective jurors. Does not extend to preliminary voir dire, however, where the court hears prospective jurors about their requests to be excused from service b/c hardship etc.
Must verdicts be unanimous in MA?: Yes â€“ And when an indictment is based on multiple incidents, the jury must unanimously and specifically agree as to which of the particular incidents occurred.
What additional protections are in place in MA to ensure an impartial jury?: 1. Crim responsibility at issue: ask each juror if they can give NG by reason of insanity verdict

2. Inquire about fairness in child sex-abuse or interracial murder/rape cases
What special MA protections are there on the right to counsel?: In MA, when an atty IDs himself to the police as counsel acting on suspectâ€™s behalf and to render assistance to suspect, the police MUST stop questioning of the suspect and immediately inform D of the attorneyâ€™s offer of assistance.
What happens when the D says heâ€™s going to contest criminal responsibility in MA?: The Commonwealth is allowed to have an expert interview the D wrt criminal responsibility issues â€“ D has no right to have counsel at this interview.
How does one prove ineffective assistance of counsel in MA?: Serious incompetency + deprived of defense.

D must establish:
1. Atty performance reflected serious incompetency, inefficiency, or inattention falling measurably below that which might be expected from an ordinary, fallible lawyer
2. These shortcomings deprived him of an otherwise available, substantial ground of defense, or otherwise materially affected the outcome of his trial.
How does one assert a conflict of interest in MA?: Either:

1. Genuine conflict

or

2. Tenuous conflict + material prejudice.

To show material prejudice, D must show that irremediable harm has resulted and that it prevents the possibility of a fair trial.
What is the right to confront witnesses in MA?: MA Const. gives Dâ€™s the right to confront witnesses face to face. This requires that a D and witness must be able to see each other while the W is testifying. As long as a W is physically present in the courtroom, not required to look at D
What is the rule of corroboration in MA?: A conviction based solely on a Dâ€™s confession does not satisfy the requirement of proof beyond a reasonable doubt. Corroboration by some other evidence is required, other than the confession, to show that the criminal act was committed by someone.
What about where thereâ€™s consciousness of guilt evidence presented? Any special rules here in MA?: Where evidence of flight, concealment, or similar acts are presented to show the Dâ€™s consciousness of guilt, the court must instruct the jury that 1) they are not to convict a D on the basis of flight or concealment alone and 2) they may, but need not, consider such evidence as one of the factors tending to prove the guilt of the D.
What immunities are available in MA?: Transactional immunity

MA uses the more protective â€œtransactional immunity.â€
What is youthful offender status in MA?: Trial of juvenile in juvenile court for adult crime with ADULT sentence.

1996 created new category known as â€œyouthful offenderâ€ w/in Juv. court system. Prosecutors may, at discretion, proceed against juveniles in Juv. Court by complaint (whereby J is classified as delinquent) or indictment (J classified as youthful offender if indictment obtained). No more cumbersome transfer hearing and authorizes the Juvenile Court to impose an adult sentence if the juvenile is indicted and adjudicated a youthful offender.

A juvenile charged w/ murder in the 1st or 2nd degree > 14, but <18 not tried in Superior
Tell me about sexually dangerous persons in MA?: Can permanently commit someone adjudged sexually dangerous.
Can parents be guilty of kidnapping?: A parent may be guilty of kidnapping a child if the child is taken in violation of a lawful custody or adoption order.
What special punishments are available for kidnapping?: If the kidnapping is committed w/ intent to extort money or other valuable things, life imprisonment may be imposed.
Can one spouse rape another?: SJC has interpreted the rape statute to get rid of the common law spousal exclusion.
When can a police officer request the ID of a passenger in a lawfully stopped vehicle?: Only when the officer has an objective basis for suspicion of the passenger.

Requesting ID from a passenger w/o an objective basis for suspicion is improper.
What does transactional immunity mean?: A W may not be prosecuted even if the P can produce evidence from a source independent of the immunized testimony.
Can a public employee be discharged for taking the fifth?: Public employees cannot be discharged simply b/c they invoke their 5ht A right to refuse to respond to Q from employers.
My boss just pulled me into a disciplinary hearing and threatened to fire me if I didn't talk. So, I talked. Can they use what I said against me?: Statements compelled at a disciplinary hearing, under threat of discharge cannot be held against the employee in a later criminal prosecution.
Can I plead the fifth in a disciplinary meeting with my employer?: No - An employer may compel an employee under threat of discharge to answer questions reasonably related to job performance.
Can I waive my attorney's conflict of interest?: A D may waive his attyâ€™s conflict where the consent is voluntary, knowing, and intelligently made and clear and unambiguous.
How do I show material prejudice to prove that my attorney's conflict is bad?: Irremediable harm + no fair trial

To show material prejudice, D must show that irremediable harm has resulted and that it prevents the possibility of a fair trial.
What happens if a DUI defendant wants an independent blood test and is in jail now?: 1. Police call bail commissioner

2. Intentional refusal = dismissal
How do we tell if there has been an agreement to help in a joint venture?: 1. Either words or actions

2. Putting yourself in position to help = agreed to help
How do we define knowledge for joint venture?: Aware of Substantial likelihood OR looking on

Awareness of substantial likelihood crime will be committed by principal.

Can be inferred from circ. including looking on while crime committed
What does unlawful mean in the context of conspiracy?: Strong probability that execution will cause such significant harm to 1 or more as to be against public interest.

Or where unlawfulness of means/objective is substantial and clear.
Who is sexually dangerous?: Sexually dangerous is anyone who:
1. Convicted of a sexual offense and suffers from a mental abnormality/personality disorder which makes person likely to engage in sexual offenses if not confined to secure facility
2. Charged w/ sexual offense but incompetent to stand trial and suffers from ⬦
3. Previously adjudicated as such by a court of the CW and whose misconduct in sexual matters indicates a general lack of power to control his sexual impulses, as evidenced by repetitive or compulsive sexual misconduct by either violence against any victim, or aggression against any victim under 16, and who, as a result, is likely to attack or otherwise inflict injury on such victims b/c of uncontrolled(able) desires.
When can there be random drug testing done by a non-state actor?: If no state action:

1. as long as the testing does not constitute an unreasonable, substantial, or serious interference w/ the privacy rights of the person.
What about drug testing in an employment context?: Balance

1. employee's interest in privacy

2. Employer's interest in determining whether employee using drugs.
I want to call my lawyer to ask whether I should take this breathalyzer, do the police have to let me do that?: No.

There is no right to have an attorney consult before deciding whether to submit to a breathalyer.
I've got some drugs. I want to give them away, what crime can I be charged with?: Possession with intent to distribute, which is a separate crime from possession
How do you prove intent to distribute?: Circumstantially

Intent for distribution may be inferred by the quantity possessed, the manner packaged or records held by D.
My friend has drugs, is it a crime to be around him?: If it's heroin, yes. Otherwise, it's not a crime to knowingly be in the presence of drugs.
I want to sell this oregano, pretending it's marijuana, I'm okay, right, no crime, right?: No, it's a crime to make, distribute, dispense or possess w/ intent a counterfeit.
I've got a good drug corner staked out, it's about 75 feet from the school. Any special warnings here?: It's an additional criminal offense to sell drugs w/in 100 feet of school zones.

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Mass Crim &amp; Crim Pro Distinctions

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Mass Crim & Crim Pro Distinctions