65-25 Exam 4 Flashcards
17 multiple choice and T/F...3 short answer. No scenario short answer
Armed assault with intent to rob or murder
Elements
Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.
**ROA ** Felony
MGL Chapter 272
Laws concerning public order
In what two situations does Parental or Relative Kidnapping become a felony?
a. if the child under 18 is exposed to danger OR removed from the Commonwealth.
b. the incompetent or other person (“entrusted by authority of law to the custody of another person or institution”) was exposed to danger.
A dwelling house is a ……
place where people live.
How does burglary differ from aggravated burglary?
Aggravated burglary requires:
An occupant inside the dwelling house during the course of the burglary. AND
Arms himself with a dangerous weapon before going into or while inside the dwelling OR
Assaults a lawful occupant inside.
Kidnapping
Unlawful. Without lawful authority;
Intentional. The suspect intentionally:
Type 1: Forcibly or secretly confined another person against his will; OR
Type 2: Inveigled (lured or enticed by false representations) another person with the intent to forcibly or secretly confine him against his will.
RIGHT OF ARREST: FELONY
Note
“Confine” means to enclose within bounds or restrict. Any restraint of a person’s liberty is confinement.
Assault and A/B by means of hypodermic syringe or needle
Whoever
commits an assault or A&B
by using a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of controlled or other substances by injection
Felony
Assault and battery by means dangerous weapon
265 s 15A
** Commits an assault and battery
** By intentionally and unjustifiably touching another person; OR
** Intentionally commits a wanton and reckless act that causes physical injury; or
**an intentional, harmful touching.
**Through the instrumentality of a dangerous weapon (“by means of a Dangerous weapon”).
For the crime of parental or relative kidnapping, what is a “child” defined as?
Under age 18
Unarmed assault with intent to rob or steal
Whoever:
Not being armed with a dangerous weapon;
**Assaults another with force and violence;
With intent to rob or steal.
ROA Felony
This charge is used for the S who assaults a V with intent to rob or steal, but does not complete the crime.
Armed robbery
Weapon. The suspect was armed with a dangerous weapon when he;
Force or fear. By force or fear;
Theft from person. Took money or property from the victim or the victim’s immediate control.
Right of arrest: Felony
You are in a rapid, working in Area B-3 on a first half tour. You respond to a radio call for the following: the 911 caller, Jane, states she was stabbed in the hand by her friend after a verbal dispute. When you arrive, Jane shows you a minor cut on her hand. You and your partnet then locate the suspect, Alice, on scene. You place her under arrest without incident.
Pick the appropriate call sign, what radio channel you are on, and the strongest action you can take towards Alice.
- B101F, Channel 1, arrest for assault by means dangerous weapon, to wit knife
- C103A, Channel 2, complaint/summons for assault and battery
- C102F, Channel 3, arrest for assault and battery by means dangerous weapon, to wit knife
- C411F, Channel 3, arrest for assault and battery by means dangerous weapon, to wit knife
**Answer is #3
The law presumes (assumes) that a person who enters a home or building at any time of day or night intends to…..
steal
MGL’s 269 and 140
Laws concerning firearms and weapons
TRUE or FALSE?
With assault and battery by means of a dangerous weapon, the weapon must come into contact with the victim.
True
Unarmed robbery
Force or fear. The suspect by force or fear;
Theft from person. Took money or property from victim or the victim’s immediate control.
Right of arrest
**FELONY **
When thinking of burglary, what is the definition of “nighttime”?
One hour after sunset and one hour before sunrise the next day
MGL 94C
Drug and narcotic crimes
MGL Chapter 265
Laws concerning crimes against the person
A “child” when speaking of assault and battery
A “child” victim, when speaking of the crime of assault and battery, is what age?
Under age 14
What is the right of arrest for assault and battery?
(M) Breach of peace, in presence
Four elements of burglary, in order?
Breaking
Entering
Dwelling
Nighttime
MGL Chapter 138
Alcohol crimes
Tender years doctrine
With kidnapping, this rule states that young children, 12 years or younger, may not accompany another adult without the knowledge of the child’s parent or guardian
MGL Chapter 209A
Domestic violence laws
True or false?
If the suspect claims to have a weapon, the law states he may be taken at his word.
True
The most common example of an assault and battery is….
a hit or a push.
MGL Chapter 266
Laws concerning property crimes
Assault by Dangerous Weapon
The suspect committed an assault by using a dangerous weapon.
Attempting battery or threatening battery w/intent to cause fear
ROA: Felony
Armed Assault with Intent to Rob or Murder
Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.
ROA Felony
Origin of the word “battery”
From the French meaning “to strike”