AG Set 4 of 4 Flashcards by E Summer

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

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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

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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

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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

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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

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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

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Almost _________________ % of people
with Alzheimer’s disease will wander
and become lost.

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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

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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.

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Under the safe haven law, an officer
should immediately make a visual
_____________________ of the infant
for readily apparent signs of abuse or
neglect.

assessment

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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.

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.

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

AG Set 4 of 4 Flashcards

(82 cards)