AG Set 4 of 4 Flashcards
In New Jersey, the AMBER Alert program
has been established by statute
and is codified at N.J.S.A. 52:17B-194.1
et seq. The New Jersey Legislature expressly
found that the most critical moments
in the search for an abducted
child are the first few hours immediately
following the abduction. The Legislative
findings note in this regard that, “if a child
is not found within ______________ to
_____________ hours, it is unlikely that
child will be found alive.”
2 to 4
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 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
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
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
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
Almost _________________ % of people
with Alzheimer’s disease will wander
and become lost.
70
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
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.
½
Under the safe haven law, an officer
should immediately make a visual
_____________________ of the infant
for readily apparent signs of abuse or
neglect.
assessment
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
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
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
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
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
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:
- Testify or inform falsely;
- Withhold any testimony, information,
document or thing;
- Elude legal process summoning
him to testify or supply
____________________;
Tampering / evidence
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
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
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
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
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
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
Police officers who issue complaint-
summonses and apply for complaint-
warrants must ensure that information
that identifies the names
and addresses of victims and civilian
witnesses is not included in
_________________________ reports.
PLEIR
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
victim-notification communications, and
will not be shared with anyone other than
the prosecutor.
eCDR
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
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
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
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
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 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
The Body Worn Camera Policy makes
clear that all policies must limit the
_____________________ of individual
officers in the field.
discretion
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
Officers engaged in
____________________ assignments
are not required by the BWC Policy to be
equipped with body worn camera.
undercover
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
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 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
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;
the officer is conducting a motorist aid or
community ______________________
check; and the officer is conducting
any kind of ______________________
(consensual or otherwise).
detention / caretaking / search
____________________ Material. “Evidence
impeaching the testimony of
a government witness falls within the
Brady rule when the reliability of the witness
may be determinative of a criminal
defendant’s guilt or innocence.” State v.
Carter
Giglio
To identify BWC recordings that may
raise special privacy or safety issues,
every department that deploys BWCs
shall establish and implement a system
that permits a notation (i.e., “tagging”)
to be made when the recording was
made in a residential premises (e.g.,
a home, apartment, college dormitory
room, hotel/motel room, etc.), a school or
youth facility, a healthcare facility or medical
office, a ______________________
______________________ or mental health treatment facility, or a place of
worship.
substance abuse
A finding of fact by a judicial authority
or administrative tribunal that
is known to the employee’s agency,
which includes a finding that the investigative
employee was intentionally
____________________ in a matter, either
verbally or in writing.
untruthful
A sustained finding, or judicial finding,
that an investigative employee is
_______________ against a particular
class of people, for example, based on
a person’s gender, gender identity, race,
or ethnic group.
biased
The United States Supreme Court has
held that the federal “Constitution does
not require the Government to disclose
material impeachment evidence prior to
entering a plea agreement with a criminal
defendant.” United States v. Ruiz,
536 U.S. 622, 633 (2002). However, New
Jersey Court Rule 3:13-3 requires that in
a pre-indictment context “the prosecutor
shall provide defense counsel with any
____________________ information or
material.”
exculpatory
Obtaining and disclosing potential
Brady and Giglio material is a
____________________ process. As such, all documents requested and obtained
shall be kept confidential and secured
in a manner to be determined
by each County Prosecutor’s Office and
should not be shared with any person
who does not have a need to know. Personnel
and internal affairs files are confidential
materials and will not be released
except as pursuant to each county’s policy.
confidential
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
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
____________________ 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
The statute requires the uniform cultural
diversity course to include instruction on:
- the various cultural communities and
the effects of ____________________
on community relations within a community;
- 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;
- 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
- the impact that police diversity skills
have on overall law enforcement effectiveness.
diversity / safety / conflict
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
Every sworn officer employed on a fullor
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
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
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
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
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
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
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
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
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
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
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
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
The automated pretrial risk-assessment
process produces a Public Safety Assessment
(PSA) that provides three
pretrial risk indicators: a six-point “failure-
to-appear” (FTA) scale, a six-point
“new criminal activity” (NCA) scale, and
a “new ____________________ criminal
activity (NVCA)” flag.
violent
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
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
The automated pretrial risk-assessment
process does not account for
a defendant’s involvement in the
____________________ justice system.
juvenile
In cases where the defendant is less
than ____________________ years
old at the time of arrest, before
the decision is made whether
to issue a complaint-summons 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
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
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
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 risk-assessment
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
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
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
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 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
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
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
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
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
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:
- whether the victim exhibited signs of
_______________, and the extent of
such injury; - whether any type of _______________
was used against the victim, or was
threatened to be used;
- 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);
- 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 complaint-
summons, a prosecutor or supervisory
officer designated may consider
____________________ records as
part of the totality of relevant circumstances.
expunged
Rule 3:2-1 (c) provides that when a complaint-
summons 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
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
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
