AG Guidelines Set 4 of 4 Flashcards
Absent compelling circumstances justifying
a delay, requests for forensic analysis (e.g.,
analysis of suspected controlled substances,
DNA, fingerprints, ballistics, etc.) by the New
Jersey State Police Office of Forensic
Science should be submitted within
____________________ business days of the date of
arrest.
five
Access to and use of a stored BWC recording is
permitted only when relevant to and in furtherance of a
criminal investigation or prosecution; to assist the officer
whose BWC made the recording in preparing his or her
own police _________________, subject to the certain
restrictions; and to show to a civilian who intends to file
a ________________ against an officer to demonstrate what
actually occurred during the encounter so that the
person can make an informed decision whether to file
the complaint.
report / complaint
All county prosecutors may, and indeed should, use available \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ funds for the critical function of relocating victims and witnesses deemed necessary to protect those individuals against intimidation.
forfeiture
Almost _________________ % of people with
Alzheimer’s disease will wander and
become lost.
70
AMBER Alerts are intended to be issued when there is reason to believe that a \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has been abducted and may be in danger of death or serious bodily injury.
child
The automated pretrial risk-assessment
process does not account for a
defendant’s involvement in the
____________________ justice system.
juvenile
The automated pretrial risk-assessment
process produces a Public Safety
Assessment (PSA) that provides three
pretrial risk indicators: a six-point “failure-toappear”
(FTA) scale, a six-point “new
criminal activity” (NCA) scale, and a “new
____________________ criminal activity (NVCA)” flag.
violent
Charging by complaint-_________________ rather
than by complaint-__________________ generally
would be appropriate when the facts
known at the time of the charging
decision reliably indicate that the
defendant requires no monitoring or
only minimal monitoring upon release.
summons / warrant
The chief executive of every law enforcement agency operating under the authority of the laws of the State of New Jersey shall take such steps necessary to ensure that every sworn officer assigned to patrol duty, every sworn officer who directly supervises officers
assigned to patrol duty, and every sworn officer whose duties include investigating the circumstances of or related to a domestic violence incident receives the computer/web-based training developed pursuant to this subsection. Such officers shall receive training within ________________ days of the training program being made available by the Division of Criminal Justice. A law enforcement officer must complete
the training program before he or she can administer the ODARA.
60
The cultural diversity training course should not merely present factual information, but rather shall, to the extent practicable, present and discuss \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (i.e., scenario-based training) designed to enhance an officer's decision-making skills.
scenarios
The decision to activate a Body Worn Camera (BWC) must be based on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ criteria (e.g., the initiation of a specified type of police action, such as a consensual field inquiry, or the start of an officer's duty shift).
objective
The decision to issue a complaint-summons or apply for
a complaint-warrant should be informed by the results
of the automated pretrial ______________________-
______________________ process, which is initiated after the
defendant’s fingerprints are taken at a police station
with the Live Scan system. This means that the
complaint-summons versus complaint-warrant decision
ordinarily will be made after the defendant has been
arrested within the meaning of the Fourth Amendment.
risk-assessment
The determination as to what constitutes a
reasonable period of time to delay the
charging decision while awaiting the results
of the automated pretrial risk- assessment
process following Live Scan fingerprinting
shall be based on the ___________________________
burdens placed on the department by the
delay.
administrative
The determination whether to apply for a complaint-\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ under this directive generally occurs after the defendant has been arrested, transported to the police station for processing, and fingerprinted using the Live Scan system.
warrant
An effective deconfliction process involves both
“__________________ deconfliction” (to ensure that agencies
investigating a specific person, group, or business
entity are made aware that another agency is also
investigating that person, group, or business entity)
and “_________________ deconfliction” (to ensure that
planned operations undertaken by two or more law
enforcement agencies do not occur at the same time
and location.
target / event
Every sworn officer employed on a full- or part-time
basis by a law enforcement agency operating under
the authority of the laws of the State of New Jersey
shall participate in not less than ____________________ credit
hours of qualifying continuing education as defined
in this Directive. Thereafter, such officers shall
participate in not less than ____________________ credit
hours of qualifying continuing education per year.
five / three
The following criteria shall be met before an AMBER Alert is
activated:
a. There is reason to believe that a child under the age of ________________
has been abducted.
b. There is reason to believe that the abducted child may be in danger
of death or _________________ bodily injury.
c. There is reason to believe that an AMBER Alert would assist in
locating the child considering all relevant circumstances, including
whether there is enough descriptive information available, and the
amount of ___________________ that has elapsed since the child was last seen
and was reported missing.
18 / serious / time
For the purpose of scoring the ODARA: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ - any act of violence that involved physical contact with the index victim or a credible threat of death made with a weapon displayed in the presence of the victim.
Assault
For the purpose of scoring the ODARA:
____________________ - a person who currently is, or
previously was, involved with the defendant
in an intimate relationship. This includes
current or former spouses, current or former
intimate cohabitants, co-parents, and those
currently or formerly in a dating relationship.
Partner
For the purpose of scoring the ODARA: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ - the most recent incident in which the person being assessed assaulted his/her current or former partner.
Index Assault
From the law enforcement perspective, the
most important feature of the Bail Reform
Law is that dangerous defendants can be
detained by _______________ order. Consistent
with law enforcement’s core mission, our
principal goal in implementing the new
statute is to protect the _________________________ of
the community, victims, and witnesses.
court / safety
The general requirement to consult with an
assistant prosecutor or deputy attorney
general does not apply if the most serious
offense for which a defendant is arrested is a
____________________ _____________________ offense other
than one involving domestic violence where
any of the grounds specified in N.J.S.A.
2C:25-2l(a)(l) to (4) apply.
disorderly persons
If a defendant is arrested for an offense committed
under the laws of another state, or the United States,
and is not charged with an offense under New Jersey
law, the Bail Reform Law does ____________________
____________________, and the agency making the arrest or
having custody of the defendant shall proceed in
accordance with the laws, practices, and procedures
currently in place.
not apply
If a law enforcement officer or agency making an
arrest has reason to believe that the defendant may
be charged with offenses committed in more than
one county, the officer or agency shall immediately
contact the on-call duty _________________________
_________________________, who shall contact the prosecutor’s
office(s) in the other county(ies) where offenses were
committed to coordinate the charging/pretrial
release decision.
assistant prosecutor
If an officer decides not to provide notification of a BWC activation because it is unsafe or infeasible to do so, the officer shall document the reasons for that decision in a \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and/or by narrating the reasons on the BWC recording.
report
If an officer makes an arrest or is
conducting an investigation becomes
aware that a defendant might attempt to
threaten or otherwise intimidate a victim
or witnesses, the officer shall promptly
communicate those concerns to the
__________________ responsible for the case.
prosecutor
If a prosecutor becomes aware of any
conduct designed or reasonably likely to
threaten or intimidate a victim or witness
while the defendant is on pre-trial
release, the prosecutor presumptively
and immediately shall seek _____________________
of that defendant’s release.
revocation
If either the Live Scan system or the Judiciary’s
automated PSA system is not operational, or if the
results of a preliminary automated pretrial riskassessment
otherwise are not or will not be available
within _____________________ hours of fingerprinting the
defendant, an assistant prosecutor or deputy
attorney general consulted, may proceed to make
the complaint-summons versus complaint-warrant
determination.
two
If notification of case-specific victim/witness
intimidation concerns is given to the prosecutor, or if
a prosecutor otherwise has reason to believe that a
defendant or his associates might engage in victim or
witness intimidation, the prosecutor must notify the
police department before producing
_______________________ to defense counsel, if that discovery
could reveal the identity of the victim or witness.
discovery
If the BWC malfunctions while out in the
field, the malfunction upon its discovery
shall be reported to the officer’s
supervisor as soon as it is ___________________
and practicable to do so.
safe
If the results of an automated pretrial risk assessment
are not available because of problems taking the
defendant’s fingerprints, the assistant prosecutor,
deputy attorney general, or supervisory officer shall,
when feasible, ascertain the defendant’s criminal
history by making an _____________________ / CCH or
Interstate Identification Index query that does not
require fingerprint verification.
NCIC
In a child abduction response team activation, the agency receiving the report shall remain the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ agency unless or until the county prosecutor determines otherwise.
lead
In cases involving a sexual offense, the police officer making the arrest shall check the central registry to determine whether the defendant is subject to a \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ order issued pursuant to the Sexual Assault Survivor Protection Act.
protective
In cases where the defendant is less than
____________________ years old at the time of arrest, before
the decision is made whether to issue a complaintsummons
or apply for a complaint-warrant, the
_________________________ Central Registry shall be checked
to determine whether the defendant has a juvenile
record that might have a material bearing on the
charging/pretrial release decision.
28 / Juvenile
A ____________________-____________________, in contrast,
generally should be sought when the
defendant poses a moderate or high risk of
flight, new criminal activity or violence, or
threat to the criminal justice process that
should be managed by monitored release
conditions, if not by the defendant’s pretrial
detention.
complaint-warrant
In determining whether to apply for a complaint-summons or a complaint-warrant in domestic violence
cases, the police officer or assistant prosecutor or deputy attorney general or supervisory officer shall
give special consideration to the following circumstances relevant to the risks that would be posed to
the victim if defendant were to be released on a complaint-summons:
o whether the victim exhibited signs of _______________, and the extent of such injury;
o whether any type of _______________ was used against the victim, or was threatened to be used;
o whether the defendant has at any time previously violated a temporary or final ___________________
_________________, cf. subsection 4.5.2 (creating a presumption of applying for a complaint-warrant if the
present offense was committed in violation of a restraining order or release condition), and the nature
and seriousness of such previous violation(s);
o there is reason to believe that the defendant possesses one or more __________________ that for practical
or other reasons cannot be seized or surrendered pursuant to the Prevention of Domestic Violence Act
before the defendant’s release from custody on a complaint-summons.
injury / weapon / restraining order/
firearms
In determining whether to overcome
the presumption of issuing a complaintsummons,
a prosecutor or supervisory
officer designated may consider
____________________ records as part of the
totality of relevant circumstances.
expunged
In regards to New Jersey’s safe haven protection
act, a law enforcement officer shall ask the
person who delivers an infant to the police
station whether that person is the ___________________,
whether the infant is no more than ________________
days old, whether the infant is being delivered
voluntarily, and whether the parent intends to
return for the infant.
parent / 30
In the event of a \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ alert from a deconfliction query, it shall be the affirmative responsibility of the agency making the query to reach out to the other interested agency to determine how best to resolve the conflict alert.
conflict
In the event that a BWC captures the
image of a patient in a _________________
_________________ treatment facility, the
County Prosecutor or designee, or
Director of the Division of Criminal
Justice or designee, shall be notified.
substance abuse
In the event that the charging decision is made without the
benefit of a preliminary automated risk assessment, when
determining whether to overcome a presumption of issuing a
complaint-summons, the assistant prosecutor, deputy attorney
general, or designated supervisory officer shall give special
consideration to the interest of public ______________________ served by
providing the pretrial services program with an opportunity to
conduct an objective assessment and to make recommendations
as to any conditions that may be needed to manage the risks
that would be posed by defendant’s release.
protection
It is acknowledged that ____________________ can include
physical contact. However, with a very limited
exception, ____________________ constitutes a petty
disorderly persons offense and, for that reason, does
not fall within the realm of the Bail Reform Law,
N.J.S.A. 2C:162-16 to -26. For this reason,
____________________ has not been included in the list of
offenses triggering a mandatory assessment under
the ODARA.
harassment / harassment / harassment
It is essential that prosecutors provide this advance
notice to police officers because defendants often
first learn (or discern) the identity of victims or
witnesses through discovery. Police officers
therefore must have advance notice, before
discovery is provided to a defendant, so they can
take all necessary steps to ________________, protect,
and/or _______________________ any victims or witnesses who
face potential intimidation.
warn / relocate
It is necessary to engage officers in training that
enables them to explore why those policies and
protocols are needed to enhance their relationship
with the citizens they protect and serve. The
concerns, ideals, and values candidly expressed at
community-outreach events must be ingrained in the
____________________ of modern policing, and thus must be
shared with every officer in every duty assignment.
culture
A law enforcement agency shall apply for a complaint-warrant if there
is reason to believe that the present offense (1) constitutes a violation
of any ____________________ violence restraining order or release condition,
or (2) constitutes a violation of any ____________________ Assault Survivor
Protection Act order or release condition, unless an assistant
prosecutor or deputy attorney general consulted, or a supervisory
officer who is authorized by the County Prosecutor to overcome
presumptions, determines that the presumption of charging by
complaint-warrant is overcome, giving special consideration to the
interests and opinion of the victim and whether mandatory detention
for up to 48 hours would exacerbate the situation or discourage the
victim from cooperating with the investigation or prosecution.
domestic / Sexual
Law enforcement officials, community and religious leaders, and citizens alike have spoken out with one voice about a vexing challenge: the pervasive and deeply destructive practice of victim and witness intimidation, including tampering and \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
retaliation
Monetary bail remains an available option under the Bail Reform Law, but only as a \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ when the court finds that release on non-monetary conditions will not reasonably assure the defendant's appearance in court when required.
last resort
Most commonly applicable, N.J.S.A. 2C:28-5 proscribes a broad
range of conduct that includes acts of tampering and retaliation.
______________________ involves causing a person - during an official
proceeding or investigation to:
o Testify or inform falsely;
o Withhold any testimony, information, document or thing;
o Elude legal process summoning him to testify or supply
____________________;
Tampering / evidence
Much of the decision-making framework in our new bail reform system is guided by a risk assessment instrument, known as the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Assessment or "PSA."
Public Safety
The new law, P.L. 2016, c. 23, requires the Department
of Law and Public Safety to create or identify a
uniform _____________________ ____________________ training course
to promote positive interaction with, and community
outreach to, all residents within a community,
including residents of all racial, ethnic, and religious
backgrounds and lesbian, gay, bisexual, and
transgender individuals.
cultural diversity
Nothing shall be construed to authorize
delay to the extent that the defendant
is not presented to a judge or other
judicial officer within ____________________
hours of arrest as required by Rule 3:4-1.
12
An officer equipped with a BWC shall be
responsible for determining that the device
is fully functional and that its battery is
adequately charged at the start of the
officer’s duty shift and before going into the
field. If a malfunction is detected, the officer
shall report the malfunction to a
____________________ before going into the field.
supervisor
One of the significant practical
consequences of the initial charging
decision is that when a complaint-warrant is
issued by a judge or other authorized
judicial officer, the defendant must be taken
to a county jail, where he or she will be held
for up to ____________________ hours.
48
A person commits the offense of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ when, through an unlawful act, he or she harms another person in retaliation for or on account of that person's service as a witness or informant.
retaliation
Police officers in this State should be aware of and watchful at all
times for the indicators of human trafficking activity. Vigilance by law
enforcement officers is especially important when their duties bring
them into contact with the kinds of commercial establishments or
places that past experience has shown, may be used to harbor and
conceal human trafficking activities, such as “strip clubs” and other
sexually oriented businesses, massage parlors, or nail salons. By way
of example, a police officer should know to take note if he or she
were to see evidence that suggests that persons are ________________ or
_________________ at a commercial establishment that is not ordinarily
considered to be a residential premise.
sleeping / living
Police officers must be aware that the
________________________ system is designed to capture
victim contact information through a separate
tab so that this information will be accessible to
the judiciary (but not defense counsel) solely for
the purpose of generating automated victimnotification
communications, and will not be
shared with anyone other than the prosecutor.
eCDR
Police officers who issue complaintsummonses
and apply for complaintwarrants
must ensure that information
that identifies the names and addresses
of victims and civilian witnesses is not
included in _________________________ reports.
PLEIR
____________________ policing, after all, is
more than having uniformed officers
walk a beat. Rather, it is an overarching
strategy that depends on collaboration
between police departments and
community groups to identify and solve
local neighborhood problems.
Community
Prosecutors and police officers across the
state must use anonymous ______________________-
such as “John Doe” or “Jane Doe” (whose true
identity is known to law enforcement) and
“Victim # 1,” or “Witness #2,”or some other
anonymized moniker - when referencing
victims and witnesses where the potential
exists for intimidation.
pseudonyms
The PSA is objective and standardized, and was developed based upon analysis of empirical data and risk factors pertinent to an individual's failure to appear in court and the level of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to the community while on release.
danger
____________________ query means the process of using an automated
deconfliction system in accordance with the procedures and
protocols prescribed by the Director of the Division of Criminal
Justice pursuant to the Directive to determine whether any other
law enforcement agency has a shared interest in a person,
group, vehicle, business entity, premises, or location that
pertains to a planned operation or investigation, or whether any
other agency is planning to conduct an operation
contemporaneous with and in close proximity to an operation
planned by the agency making the query.
Deconfliction
Rule 3:2-1 (c) provides that when a complaintsummons
is issued “all available investigative reports
shall be forwarded by law enforcement to the
prosecutor within _________________ hours.” And it provides
that when a complaint-warrant is issued “all
available investigative reports shall be forwarded by
law enforcement to the prosecutor _______________________
upon issuance of the complaint.”
48 / immediately
Some physical clues for people who have
Alzheimer’s disease include a ________________
facial expression; unsteady walk/loss of
balance; age (common age of onset 65+);
repeats questions; has inappropriate
clothing for the season; and has a
__________________ Return Identification.
blank / Safe
Specific topics relevant to the general goal of
enhancing police-community relations may include,
but need not be limited to: _______________________
techniques; cultural diversity and cultural awareness;
racial profiling/racially-influenced policing; implicit
bias; ____________________ resolution; communications skills;
____________________ intervention training and responding
to persons with special needs (e.g., mental health
issues); and investigating bias crimes.
de-escalation / conflict / crisis
The standard for witness intimidation notification is intended to be comparable to the "specific and articulable facts warranting heightened \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_" standard used in New Jersey search and seizure case law.
caution
The statute requires the uniform cultural diversity course to include instruction on:
o the various cultural communities and the effects of ____________________ on community
relations within a community;
o appropriate methods by which an officer may interact with people of various cultures
and religions in the community, with an emphasis on officer ____________________ skills and
____________________ resolution techniques;
o best practices in law enforcement techniques when analyzing and solving local
neighborhood problems, meeting with community groups, and working with citizens on
crime prevention programs; and
o the impact that police diversity skills have on overall law enforcement effectiveness.
diversity / safety / conflict
To ensure that all citizens are treated
uniformly when officers decide to
electronically record an encounter, the
department’s policy, standing operating
procedure, directive, or order must limit
the _____________________ of officers in the
field.
discretion
Under the criminal justice reform, a defendant
need be charged by complaint-warrant only
when some release condition or conditions are
appropriate to manage the risk of ___________________,
the risk to the ____________________ of the community,
witnesses, and victims, and/or the risk that
defendant will _______________________ the criminal justice
process.
flight / safety / obstruct
Under the safe haven law, an officer
should immediately make a visual
_____________________ of the infant for readily
apparent signs of abuse or neglect.
assessment
A uniformed officer equipped with a BWC shall
be required to activate the device as soon as it
is safe and practicable to do so when the officer
initiates an investigative ____________________, the officer
is responding to a call for service and is at or
near the location to which the officer has been
dispatched, and the officer is conducting a
motorist aid or community ______________________ check.
detention / caretaking
Unlike the PSA, which is an automated process, the ODARA is administered \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ by law enforcement officers through an interview with the victim and/or others and a review of the defendant's criminal history and related records.
manually
Upon receipt of any complaint from a victim
or witness, or upon receipt of any
information indicating the reasonable
probability of witness intimidation, an officer
shall be assigned to conduct a
_____________________ _______________________ and an
investigation into the allegations of any
wrongful conduct.
threat assessment
When a law enforcement officer makes an arrest
or otherwise develops probable cause to
believe that the crime of human trafficking has
been or is being committed, the arresting
officer or another member of the officer’s
agency shall ________________ __________________ the matter
to the designated County Prosecutor’s Office
Human Trafficking Liaison.
immediately report
When a law enforcement officer operating under the
authority of the laws of the State of New Jersey
makes an arrest for any __________________________ crime, or
for a disorderly persons offense involving domestic
violence, the officer shall contact the appropriate
County Prosecutor’s office, or the Division of
Criminal Justice where appropriate, as soon as it is
safe and feasible to do so.
indictable
When considering an amber alert activation in family abduction
cases, the law enforcement officials should consider the
following specific circumstances, when information about these
circumstances is available:
a. Whether any threats of ________________ to the child were made by
the abductor at any time before the abduction, or during the
course of the abduction (including implied threats such as “if I
can’t have custody, then no one will”);
b. Any past history of ___________________ by the abductor directed
against the child, or abuse or neglect of the child, or any other
child.
harm / violence
Whenever pre-trial release conditions are necessary to protect victims or witnesses from potential intimidation, the prosecutor must apply for a complaint- \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ so that the court may impose such conditions on the defendant.
warrant
When searching for a person with Alzheimer's Disease who is lost or has wandered, remember most are found within \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ mile of their last location.
1/2
When you approach a person you believe has or may
have Alzheimer’s disease, ask for identifying information.
In addition, look for a _________________ _________________
bracelet, necklace, lapel pin, key chain, or label inside
their clothing collar. Safe return identification provides
the first name of a person bearing this ID, indicates that
he or she has a memory impairment, and gives the 24-
hour toll-free number for the Alzheimer’s Association’s
Safe Return Program.
safe return
Where an officer or another member of the officer’s agency
pursues the investigation of a possible violation of N.J.S.A.
2C:13-8 without referring the matter to the County Prosecutor’s
office or the Division of Criminal Justice for investigation by the
County Prosecutor or division, the agency shall, within
____________________ hours of initiating its investigation, notify the
County Prosecutor’s human trafficking liaison that a human
trafficking investigation has been initiated, the circumstances that
prompted the investigation, and the results of the investigation to
date.
24
