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Crim Law Other > Ch.4, 13,14 Assaults, DV, Child, Disabled, Elder Prot. > Flashcards

Ch.4, 13,14 Assaults, DV, Child, Disabled, Elder Prot. Flashcards

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1
Q

For threatened battery under assault dangerous weapon, suspect must intend to:

A

Cause fear

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2
Q

A threatened battery occurs when the suspect thrusts, pushes, or discharges weapon within _________ of victim

A

Striking distance

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3
Q

For threatened battery under assault dangerous weapon, does the victim have to experience fear

A

No. Only necessary that suspect intends to cause fear

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4
Q

Dangerous use weapon must appear to be:

A

Dangerous

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5
Q

Possessing a deceptive weapon during any ch.265 crime against a person is considered being:

A

Armed

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6
Q

Dangerous weapon that by nature causes serious injury or death

A

Per se weapon (Latin “by itself”)

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7
Q

Right of arrest for assault dangerous weapon

A

Felony

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8
Q

Types of assault (2)

A

Attempted battery
Threatened battery

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9
Q

Is verbal threat sufficient for assault under threatened battery

A

Not by itself. Needs to be accompanied by some outward gesture

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10
Q

Threatened battery is ________ conduct causing fear

A

Menacing

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11
Q

Right of arrest for assault and A&B against person with restraining order

A

Felony (includes 209A, 208, 209, ,209C)

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12
Q

Right of arrest for assault and A&B during harassment

A

Arrest on PC (charge under 264/13A)

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13
Q

Normal items that become weapons when used in a dangerous fashion are called:

A

Dangerous use weapons

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14
Q

Suspect got in his truck, “threw it in drive” and lurched toward of officer. Officer drew his firearm and the suspect quickly stopped and drove away. What is the correct charge?

A

Assault Dangerous Weapon

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15
Q

Suspect drove up to vehicle containing four people. He fired one round into the victims car but did not hit anyone. What is the appropriate charge?

A

Assault Dangerous Weapon 4 counts

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16
Q

Suspect shot gun inside bar with bartender present. He did not hit anyone but damaged the bar. What is the appropriate charge

A

Assault Dangerous Weapon AND Malicious Destruction of Property. A single act can support simultaneous convictions

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17
Q

A&B occurs in what three ways

A

Intentional unconsented touching
Intentional harmful touching
Reckless act that caused injury

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18
Q

Assault with aggravating factor offenses (7)

A

Unarmed assault w/ intent to rob/steal
Assault w/attempt to murder or maim
Assault w/intent to commit any felony
Armed assault w/ intent to rob or murder
Armed assault in dwelling
Subsequent assault against intimate partner
ALL FELONIES

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19
Q

Right of arrest attempted indecent A&B

A

Felony

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20
Q

Right of arrest Assault with Hypodermic Syringe/Needle

A

Felony

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21
Q

A&B becomes aggravated offense when on child under ___

A

14 (felony)

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22
Q

Right of arrest A&B Gang Solicitation of child under 18

A

Felony and aggravated offense

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23
Q

What age of victim makes indecent A&B a felony

A

Any age. Aggravated offense

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24
Q

A&B on what type of victim makes it an aggravated offense (6)

A

Child under 14 with injury
Correctional officer
Disabled person
Intellectually disabled
Over 60
Pregnant

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25
Q

276/55 (accord & satisfaction) authorizes a judge to dismiss an A&B or other misdemeanor if the victim voluntarily signed written agreement and received adequate compensation. Which crimes are excluded from this rule?

A

A&Bs involving police officers, domestic violence or felonies

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26
Q

Victim feared immediate attack and was then injured trying to escape. What is the correct charge?

A

A&B

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27
Q

Delivering food with nonlethal substance which causes discomfort is what charge?

A

A&B

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28
Q

Selling or distributing candy or food with foreign substance intended or reasonably expected to injure a person has what right of arrest

A

Felony

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29
Q

Can people agree to fist fight?

A

No

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30
Q

When does reckless conduct occur?

A

Suspect realizes, or should realize, danger associated with his conduct but does it anyway

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31
Q

In misdemeanor A&B, reckless conduct must result in :

A

Physical injury

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32
Q

What degree of injury makes A&B a felony

A

Serious injury or any injury on child under 14

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33
Q

When does the law recognize limited defense to A&B for disciplinary privilege for children

A

Adult striking child is acting as parent and using “reasonable” force

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34
Q

Who is outlawed from using corporal punishment

A

Public educators/public school officials (unless acting in self defense)

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35
Q

The police ________ permits officers to use reasonable and necessary force in their duties

A

Privilege

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36
Q

When does ABDW become aggravated (4)

A

Adult commits A&B on child under 14
Causes serious bodily injury any age
Against pregnant person
Against person with restraining order at time of attack

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37
Q

Serious bodily injury is bodily injury that results in (3):

A

Permanent disfigurement
Loss or impairment of bodily function, limb or organ
Substantial risk of death

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38
Q

Is slight touching of victim with a weapon sufficient for ABDW

A

Yes, if the contact was intended as an assault

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39
Q

Suspect intentionally pushes barrel into another barrel which strikes the victim. What is the correct charge?

A

ABDW

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40
Q

Does ABDW require injury

A

Only if based on reckless conduct

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41
Q

Does suspect have to consciously use object as a weapon during ABDW

A

No

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42
Q

Are human hands, teeth or other body parts considered dangerous weapons?

A

No

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43
Q

When is a shoe considered a weapon?

A

When capable of causing greater injury than an unshod foot

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44
Q

Victim does not need to be named in complaint if they are unable to be located. Victims may be referred to as (3)

A

Person, pedestrian, bystander

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45
Q

Right of arrest A&B to collect a loan (legal or illegal)

A

Felony
2nd offense mandatory minimum 5yrs

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46
Q

Charge for DV intimate partner

A

265/13M

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47
Q

Charge for DV household member

A

265/13A

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48
Q

Right of arrest for A&B on public employee

A

Arrest for breach of peace in public. Otherwise, complaint

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49
Q

Right of arrest for A&B on public transit operator

A

Arrest on PC

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50
Q

Right of arrest for attempt to disarm police officer

A

Felony

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51
Q

Right of arrest for causing serious bodily injury to officer

A

Felony

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52
Q

Right of arrest for A&B on EMT

A

In presence, otherwise complaint

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53
Q

Right of arrest for A&B on health care provider

A

In presence, otherwise complaint

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54
Q

Mayhem is an assault in which the perpetrator has a cruel state of mind- the desire to ________ or ________

A

Maim or disfigure

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55
Q

Elements of Mayhem (3 types)

A

Specific acts (tongue, eye, ear, etc)
Dangerous substance or weapon
Privy to someone else’s intent

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56
Q

Regardless of the manner in which the crime of mayhem is committed, the suspect must possess a “specific intent” to (2):

A

Maim or disfigure

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57
Q

Does the crime of mayhem require a prolonged attack

A

No

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58
Q

Defendant was upset at victim for dancing with her boyfriend. She slashed victims face with a knife. The incident was over in seconds but resulted in 18 stitches and a scar. What is the appropriate charge?

A

Mayhem. Defendant intended to main victim because she was jealous of her boyfriend’s sexual attraction toward victim

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59
Q

Defendant held victim captive in hotel room for hours where he repeatedly slashed her with razor and burned his initials into her skin. What is the appropriate charge?

A

Mayhem

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60
Q

Defendant struck victim one time with beer bottle during bar fight, nearly severing the victims ear. What is the appropriate charge?

A

ABDW injury
Not sufficient for mayhem because couldn’t show intent to maim

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61
Q

Appropriate charge for defendant that bit off victim’s ear with enough force to tear off very piece of cartilage

A

Mayhem

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62
Q

Appropriate charge for defendant that through a chemical agent (household soap, cleaner or bleach) into child’s eyes

A

Mayhem

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63
Q

Appropriate charge for defendant that used bat to smack head of unconscious victim

A

Mayhem

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64
Q

Defendant rubbed handfuls of dirt into victims eyes. What is the appropriate charge

A

Mayhem

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65
Q

For the second type of mayhem (dangerous substance or weapon) the attack must (3):

A

Disfigure, cripple, inflict serious injury

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66
Q

Can you charge mayhem if the victim completely recovers?

A

Yes

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67
Q

What does privy mean

A

Suspect is aware of impending attack and agrees it should occur. Officers must prove that although suspect wasn’t present, he shared malicious intent of attackers

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68
Q

Hogan stayed in the car while his two co-defendants entered apartment with clubs and beat the victim. Can hogan be charged with mayhem if he did not know his co-defendants intended to disfigure the victim

A

No

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69
Q

Once a defendant introduces evidence that he acted in self defense, what is the standard the commonwealth must meet to show that he did not

A

Proof beyond a reasonable doubt

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70
Q

When is non-deadly force allowed during self defense (3)

A

Personal safety
Protect property
Eject trespasser

Reasonable concern over personal safety is proper standard, though other two are allowed

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71
Q

When is deadly force allowed during self defense

A

Person reasonably believes they’re in imminent danger of death or serious bodily injury

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72
Q

Overall factors to consider when assessing self defense claim (5)

A

Physical ability of combatants
Assailants prior use of force
Characteristic of any weapons used
Available means of escape
Legitimate belief of danger

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73
Q

In self defense claim, if defendant introduces evidence of prior bad acts by the victim to show he was the aggressor, what may the prosecutor do?

A

Introduce evidence of prior bad acts by the defendant for same purpose

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74
Q

Is boxing or martial arts history proof that someone is likely to be aggressive?

A

No

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75
Q

In the case of mutually agreed combat, the law does not allow claim of self defense unless:

A

Weapon or other type of force is unexpectedly introduced

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76
Q

When might the instigator of a fight be justified in using self defense claim?

A

When he makes known his intention to retire and withdraws in good faith

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77
Q

For battered women’s syndrome, women’s use of deadly force may be best understood by allowing evidence of (2)

A

History of relationship
Expert testimony on common patterns of abusive relationships

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78
Q

The right of self defense does not exist until a person has reasonably tried to:

A

Avoid combat

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79
Q

Defendant left a fight when victim introduced weapon. Defendant left and came back with a gun. Can defendant still claim self defense?

A

No

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80
Q

“Castle Law” is the only exception to what aspect of self defense

A

Duty to retreat

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81
Q

Does owner of a building have a duty to retreat before resorting to self defense?

A

Yes

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82
Q

Defendant ran outside with a baseball bat and fought assailants on his front porch. Is this justified under castle law

A

No. Intruder must be inside home

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83
Q

Defendant ran outside with a baseball bat and fought assailants on his front porch. Is this justified under castle law

A

No. Intruder must be inside home

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84
Q

If homeowner is confronted by a guest or visitor inside their own home, do they still have a duty to retreat

A

Yes

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85
Q

What amount of force can someone use to protect another person

A

Same force he could use to protect himself

86
Q

Woman got into a verbal altercation with her ex-boyfriend outside of her house. The woman’s current boyfriend shot the ex-boyfriend. Can the current boyfriend claim defense of another?

A

No. He had not assaulted her and was simply talking when boyfriend shot him without warning

87
Q

Defendant’s sister got into an agreed upon fight with another girl. Defendant shot the victim and claimed defense of another. Is this reasonable?

A

No

88
Q

What is it called when suspect claims he did not mean to use force

A

Accident defense

89
Q

In the “accident defense” what is an accident defined as?

A

Unexpected happening that occurs without intention or design on a persons part

90
Q

Once defendant raises possibility of an accident defense, what must the commonwealth do

A

Prove that assault or shooting was intentional

91
Q

During DV response, officers may enter into private property to (3):

A

Serve protective order
Quell ongoing disturbance
At request of someone in lawful control

92
Q

During DV response officers must leave if both parties request they do so, unless:

A

Exigent circumstances

93
Q

When victim or witness speaks to police while under influence of recent event, the officer may repeat what they said in court if the initial questions were designed for (3):

A

Provide help with ongoing/recent emergency (i.e response to 911 call)
Learn location of suspect
Get proper medical treatment for injured person

94
Q

Why are prior incidents in DV cases relevant information to obtain?

A

Information may be admissible at trial/sentencing

95
Q

What doubles the likelihood of a conviction in DV cases?

A

Digital photography

96
Q

What does ELMO stand for

A

Probation Electronic Monitoring Law

97
Q

What information does ELMO supply about probationers for investigative purposes?

A

GPS information

98
Q

How do police departments request ELMO information?

A

Written request. Typically answered within 48 hours. Emergency receives immediate response

99
Q

Can a victim be in more than one substantial dating relationship at a time and receive 209 protection

A

Yes

100
Q

Are ex-stepchildren covered under 209A

A

Yes

101
Q

Four factors in determining if roommates are covered under 209A (whether they choose to live together, configuration of living space, length, and type of relationship). Which factor is most important

A

No one factor is more important than the others

102
Q

Harassment prevention order is a type of restraining order that does not depend on:

A

Relationship of the parties

103
Q

If victim finds out that a 209A does not apply after she has started the process, what does she need to do to obtain a HPO

A

Make a new application and have a new hearing

104
Q

209A states abuse occurs when family or household member performs one or more of the following acts (3):

A

Attempts or causes physical harm
Places person in fear or imminent serious physical harm
Causes another to engage in involuntary sexual relation by force or threat

105
Q

Was 209A justified when plaintiff alleged rape by his two homosexual roommates

A

Yes

106
Q

Are ambulance reports and hospital records admissible when trying to prove domestic violence case

A

Yes

107
Q

When may officers disclose to non-victims the location of a shelter the victim went to

A

Never

108
Q

Where should officers try to obtain language services for victims on DV calls. Where should they avoid

A

Try to find community resources
Avoid using family or children

109
Q

What does EJRS stand for

A

Emergency Judicial Response System

110
Q

Can uncorroborated statements by victim in DV case cause reasonable suspicion or probable cause

A

May constitute probable cause to arrest

111
Q

In DV cases are intoxicated or mentally ill victims inherently unreliable

A

No

112
Q

When one department states that probable cause exists to arrest a suspect for a DV offense, what should another department do?

A

Another department SHALL immediately attempt to effect an arrest

113
Q

When should officers attempt to make warrantless arrest for DV case?

A

Within a reasonable amount of time. Then when practical, apply for warrant

114
Q

Indicators of dominant aggressor in domestic violence situation

A

Relationship history, size, strength, nature of force used, injuries

115
Q

Why is the dominant aggressor not automatically the person who used force first?

A

Victims of repeated DV learn to recognize signs of impending assault

116
Q

In domestic violence situation, offensive injuries would typically be found on the:

A

Victim

117
Q

In domestic violence situations, defensive wounds would typically be found on the:

A

Aggressor

118
Q

When must officers notify their chief if they are arrested or served with a complaint or restraining order

A

Notify orally as soon as arrested or served
File written report within 24 hours

119
Q

Restraining order issued by any state, US territory, Puerto Rico, District of Columbia or tribal court has mandatory enforcement in Massachusetts. What should violation of order be charged under?

A

Charge out of state offender with violation of 209A just as you would MA offender

120
Q

Massachusetts man, who is the subject of a 209A order, travels to NH to have forbidden contact with his ex-wife. Can he be prosecuted in Massachusetts?

A

Yes. Massachusetts officers may request the prosecutor bring a “criminal contempt” charge

121
Q

What is “contempt”?

A

Offense to the court

122
Q
  1. Traveling from one state to another with intent to violate a protective order (in any state) that prohibits violence, threats harassment, contact or communication and actually violating the order can be prosecuted how?
A

Federal prosecution. Federal statute also covers acts directed at protected persons animals, if the order included that protection

123
Q

How much effort must officers put in to inform victim about abusers bail status in DV cases?

A

Reasonable attempt

124
Q

Who may expedite the 6 hour domestic violence hold and how

A

The prosecutor by requesting arraignment within 3 hours of arrest

125
Q

Who does 6 hour domestic violence hold apply to?

A

All 18 and over arrestees charged with:

Assault or A&B on intimate partner/family household member
Violation of restraining order
Strangulation
Or “any act” 209A would define as abuse

126
Q

209A reports are confidential communication. They must be made available to:

A

Police
ADA
Bail Magistrate
Upon written request to:
Victim, their attorney, advocate, DV counselor, SA Counselor

127
Q

When can officers seize guns/weapons for cases involving domestic violence?

A

If gun/weapon may have been used during the incident, officers should attempt to locate and seize them

If guns/weapons not used during crime, officers should get consent to seize

128
Q

Husband was arrested for domestic A&B. Can his wife consent to officers seizing his guns or weapons if they were not involved in the crime?

A

Yes, a consent search is allowed in all areas except those where the suspect has exclusive privacy

129
Q

Can woman temporarily residing at a shelter give consent for police to search/seize weapons at the marital home following a domestic violence crime

A

Yes. (Case law where consent search of husbands bedroom was allowed even when the wife was residing at a shelter)

130
Q

What can happen if officers determine a weapon or firearm cannot be seized following a DV crime because it was not used in the crime and its removal was not consented to?

A

Judge may grant suspension and surrender order
Chief may revoke or suspend gun license

131
Q

In DV cases, does investigating department have to inform licensing authority that licensee is suspected of abuse?

A

Yes “shall” advise

132
Q

Are officers liable if a party ends up improperly removing items belonging to the other during police accompanied property pickups (such as those following DV case)

A

Officers who pay attention are not liable

133
Q

In public housing, or when using public rental voucher, what laws protect tenant from eviction if they’re victim of domestic violence

A

Federal law
-Tenant may terminate upon notifying landlord that tenant or household member has been victim of DV or SA and is still in danger
-Landlord required to change locks when requested by victim of DV or SA
-tenant can demand housing authority revise lease to remove abuser or put victim on it
-housing authority should be prepared to transfer victims entire household to safe unit

134
Q

What consequence can officer face for failure to take action or intervene in domestic violence instances

A

Officer and department may be subject to liability

135
Q

In Massachusetts are police liable for their negligent failure to protect a particular person against danger

A

Police are not liable for failure to protect person against danger police did not originally cause, unless police made explicit assurance of safety to the person

136
Q

Venue for issuing protective order

A

Place victim lived at time or abuse or place victim currently lives if they left to avoid abuse

137
Q

Venue for prosecuting violation of protective order

A

Court that issued order or court covering place of violation has venue

138
Q

How long is temporary 209A good for

A

10 days

139
Q

Who keeps records of 209A filings whether active, denied, vacated or expired

A

Probation Department

140
Q

If victim of domestic violence recants in court, what can be used as proof of underlying crime?

A

209A affidavit

141
Q

209A, 3, 3B, 3C, 4 and 5 mandate arrest for following violations (4)

A

Refrain from abuse
Stay away or no contact
Suspension or surrender
Vacate

142
Q

Does order issued by district/superior court or order issued by probate have supremacy

A

Probate

143
Q

Who is the only person able to modify 209A order?

A

Probate judge to allow visitation

144
Q

If 209A was modified and defendant was served in probate court, do officers need to serve it again

A

No. As long as defendant was served

145
Q

What is a 208 order for and is violation arrestable?

A

Divorce proceedings
May authorize arrest if order indicates violation is criminal offense

146
Q

What is a 209 order-child support order and is violation arrestable?

A

Restraining order to protect any party during child support action.
If order includes language saying violation is criminal, mandatory arrest

147
Q

What is 209C order and is violation arrestable?

A

Restraining order to protect any party during paternity action concerning child born out of wedlock
If contains language saying violation is criminal, arrest mandatory

148
Q

Can police arrest for violation of the animal protection provision in a 209A order?

A

No. Police may seek arrest warrant

(Federal law includes animals protected in order)

149
Q

Can police arrest for 209A infractions such as paying child support or medical costs?

A

No. Must be pursued by prosecutor through contempt hearing

150
Q

Violation of 209A order in retaliation for a parents attempt to seek child support or to establish paternity results in mandatory minimum of:

A

60 days

151
Q

Can court ordered GPS monitoring as condition of probation be used to in 209A violations?

A

Yes, if defendant appears in “zone of exclusion” probation may be revoked

152
Q

What does notice of 209A provide the defendant?

A

Knowledge of what is prohibited

153
Q

Does address of 209A order have to be verified before making service to that address?

A

No. Address on order presumed correct

154
Q

Is 209A return of service later admissible in court to prove notice?

A

Yes

155
Q

Is alcohol intoxication defense that 209A couldn’t be properly served?

A

No

156
Q

Is alcohol intoxication defense that 209A couldn’t be properly served?

A

No

157
Q

Does 209A order have to be translated to defendants language if they do not speak English?

A

No

158
Q

Does 209A order have to be translated to defendants language if they do not speak English?

A

No

159
Q

Which part of 209A order does non-payment of utility bills fall under

A

Vacate

160
Q

Harassment order statute

A

258E

161
Q

Preferred response for harassment if no HPO in effect

A

Arrest

162
Q

Who has venue to issue HPO

A

District or superior court where plaintiff resides
Juvenile court where plaintiff resides has exclusive jurisdiction if under 18

163
Q

How long does initial HPO last?

A

1 year

164
Q

Grounds for emergency HPO (3)

A

Substantial likelihood of immediate danger of harassment
Court closed and danger
Plaintiff unable to appear because of physical condition

165
Q

When is defendant given hearing to contest after emergency HPO?

A

Within 10 business days

166
Q

For crime based HPO, how many instances of designated crime or involuntary sexual relations needed

A

One

167
Q

Can juveniles be the subject of a 258E order (HPO)

A

Yes
(8 year old was subject to HPO after committing indecent A&B on 4 year old neighbor)

168
Q

Does victim have to be same person to charge subsequent 265/13M

A

No. As long as prior offense was charged under 265/13M

169
Q

For A&B causing Serious Bodily Injury, what does “serious bodily injury” mean?

A

Permanent disfigurement
loss or impairment of bodily function, limb or organ
Substantial risk of death

170
Q

Some injuries that qualify as “serious” for A&B serious injury charge (4)

A

Broken jaw, permanent scar from stitches, facial reconstruction, double vision

171
Q

Amount of pressure needed in Strangulation

A

Substantial pressure

172
Q

For mentally and physically disabled people between 18-under 60 what abuse/neglect must be reported?

A

Physical
Sexual
Emotional
Neglect by caretaker

173
Q

What agency do you report the abuse of a disabled person (mentally or physically) to?

A

Disabled persons protection commission

174
Q

What types of abuse/neglect are reported to DCF?

A

Physical, sexual, emotional abuse
Neglect by person with permanent or temporary custody

175
Q

What types of abuse/neglect are reported to elder protective services

A

Physical, sexual, or emotional abuse
Neglect by caretaker or self
Financial exploitation

176
Q

What types of abuse/neglect are reported to dept of public health

A

Physical (includes over medication), sexual or emotional abuse
Neglect
Financial exploitation

177
Q

Reporting standard to file a report with DCF

A

Reasonable cause to believe

178
Q

Consequence possible for mandatory reporting who fails to notify the appropriate social service agency

A

May be prosecuted and fined up to $1,000

179
Q

Consequence for mandated reported that failed to report child abuse when they knew it resulted in serious bodily injury or death

A

HC NMT 2.5 years/ 15k fine

180
Q

For DCF reporting purposes, what does the law classify an infant’s physical dependence on drug at birth as

A

Abuse

181
Q

Age to consent to sexual touching but not intercourse

A

14-16

182
Q

For elders and disabled when is sexual contact reported to appropriate social service agency

A

When it is non consensual
Lacking mental capacity to consent counts as non consensual

183
Q

Impairment of the psychological capacity of a child as evidenced by a substantial reduction in the child’s ability to function is:

A

Emotional injury

184
Q

In case of emergency, if there is danger for further abuse, when must social service agencies begin investigation

A

Within 24 hours. DCF must begin investigation within 2 hours of oral report

185
Q

In case of emergency, if there is danger for further abuse, when must social service agencies begin investigation

A

Within 24 hours. DCF must begin investigation within 2 hours of oral report

186
Q

How long do social service agencies have to complete an investigation

A

DCF 10 days
DPPC. 10 days
Elder services 30 days

187
Q

Right of arrest for person that makes “frivolous report” to DCF

A

Complaint

188
Q

If abuse results in death, how long does investigating agency have to report the situation to the DA

A

Immediately

189
Q

If agency substantiates nondeadly abuse, neglect or financial exploitation that may constitute criminal misconduct, how long do they have to refer case to DA

A

48 hours

190
Q

Aggravated A&B and caretaker abuse can be charged for child victim under what age

A

Under 14. No coverage for kids 14-18

191
Q

Right of arrest for aggravated A&B and Caretaker abuse where suspect permits bodily injury to a child

A

Complaint

192
Q

Right of arrest for aggravated A&B and Caretaker Abuse where suspect commits A&B on child that caused bodily injury or substantial bodily injury

A

Felony

193
Q

Can a man that lived with a woman and her two children for 7 months, during which time he shared the caretaking responsibilities for the children, qualify as having “care and custody”

A

Yes

194
Q

Does the spiritual treatment exception apply to children?

A

No

195
Q

Caretaker is a person with responsibility for the physical care of an elder or disabled person that arises from (4):

A

Family relationship
Fiduciary duty imposed by law
Contractual duty
Voluntary duty

196
Q

Soldiers Home Holyoke case resulted in what charge

A

Caretaker abuse

197
Q

Right of arrest reckless endangerment of child

A

Complaint

198
Q

Right of arrest reckless endangerment of child

A

Complaint

199
Q

Right of arrest intellectually disabled person assault 265/13F

A

Felony

200
Q

Right of arrest intellectually disabled person assault 265/13F

A

Felony

201
Q

Does intellectually disabled person assault 265/13F apply if an intellectually disabled person assaults another disabled person?

A

No

202
Q

Does the defendant have to know the victim is intellectually disabled to be charged with intellectually disabled person assault 265/13F?

A

Yes

203
Q

Strongest action when someone violates the animal portion of 209A

A

Apply for warrant

204
Q

For Assault Dangerous Weapon, does the victim need to experience fear or does the suspect need to intend fear?

A

Suspect needs to intend fear
Victim DOES NOT need to experience fear

205
Q

In an attempted battery does the victim need to experience fear?

A

No

206
Q

For threatened battery, does the victim need to experience fear or does the suspect need to intend fear?

A

The victim must experience fear and the suspect must intend fear (does not need to intend actual harm)

207
Q

Right of arrest for hate crime A&B with no injury

A

Complaint

208
Q

Right of arrest for hate crime A&B with injury

A

Felony

209
Q

Right of arrest unarmed assault with intent to rob or steal

A

Felony

210
Q

Right of arrest for A&B against intellectually disabled person

A

Felony

211
Q

Right of arrest for subsequent A&B intimate partner?

A

Felony

Crim Law Other (26 decks)

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