65-25 Exam 4 Flashcards

17 multiple choice and T/F...3 short answer. No scenario short answer

1
Q

Armed assault with intent to rob or murder

A

Elements
Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.

**ROA ** Felony

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2
Q

MGL Chapter 272

A

Laws concerning public order

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3
Q

In what two situations does Parental or Relative Kidnapping become a felony?

A

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.

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4
Q

A dwelling house is a ……

A

place where people live.

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5
Q

How does burglary differ from aggravated burglary?

A

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.

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6
Q

Kidnapping

A

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.

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7
Q

Assault and A/B by means of hypodermic syringe or needle

A

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

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8
Q

Assault and battery by means dangerous weapon
265 s 15A

A

** 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”).

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9
Q

For the crime of parental or relative kidnapping, what is a “child” defined as?

A

Under age 18

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10
Q

Unarmed assault with intent to rob or steal

A

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.

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11
Q

Armed robbery

A

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

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12
Q

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.

A
  1. B101F, Channel 1, arrest for assault by means dangerous weapon, to wit knife
  2. C103A, Channel 2, complaint/summons for assault and battery
  3. C102F, Channel 3, arrest for assault and battery by means dangerous weapon, to wit knife
  4. C411F, Channel 3, arrest for assault and battery by means dangerous weapon, to wit knife

**Answer is #3

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13
Q

The law presumes (assumes) that a person who enters a home or building at any time of day or night intends to…..

A

steal

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14
Q

MGL’s 269 and 140

A

Laws concerning firearms and weapons

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15
Q

TRUE or FALSE?

With assault and battery by means of a dangerous weapon, the weapon must come into contact with the victim.

A

True

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16
Q

Unarmed robbery

A

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 **

17
Q

When thinking of burglary, what is the definition of “nighttime”?

A

One hour after sunset and one hour before sunrise the next day

18
Q

MGL 94C

A

Drug and narcotic crimes

19
Q

MGL Chapter 265

A

Laws concerning crimes against the person

20
Q

A “child” when speaking of assault and battery

A “child” victim, when speaking of the crime of assault and battery, is what age?

A

Under age 14

21
Q

What is the right of arrest for assault and battery?

A

(M) Breach of peace, in presence

22
Q

Four elements of burglary, in order?

A

Breaking
Entering
Dwelling
Nighttime

23
Q

MGL Chapter 138

A

Alcohol crimes

24
Q

Tender years doctrine

A

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

25
Q

MGL Chapter 209A

A

Domestic violence laws

26
Q

True or false?

If the suspect claims to have a weapon, the law states he may be taken at his word.

27
Q

The most common example of an assault and battery is….

A

a hit or a push.

28
Q

MGL Chapter 266

A

Laws concerning property crimes

29
Q

Assault by Dangerous Weapon

A

The suspect committed an assault by using a dangerous weapon.

Attempting battery or threatening battery w/intent to cause fear

ROA: Felony

30
Q

Armed Assault with Intent to Rob or Murder

A

Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.

ROA Felony

31
Q

Origin of the word “battery”

A

From the French meaning “to strike”