Ch.4, 13,14 Assaults, DV, Child, Disabled, Elder Prot. Flashcards
1
Q
For threatened battery under assault dangerous weapon, suspect must intend to:
A
Cause fear
2
Q
A threatened battery occurs when the suspect thrusts, pushes, or discharges weapon within _________ of victim
A
Striking distance
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
4
Q
Dangerous use weapon must appear to be:
A
Dangerous
5
Q
Possessing a deceptive weapon during any ch.265 crime against a person is considered being:
A
Armed
6
Q
Dangerous weapon that by nature causes serious injury or death
A
Per se weapon (Latin “by itself”)
7
Q
Right of arrest for assault dangerous weapon
A
Felony
8
Q
Types of assault (2)
A
Attempted battery
Threatened battery
9
Q
Is verbal threat sufficient for assault under threatened battery
A
Not by itself. Needs to be accompanied by some outward gesture
10
Q
Threatened battery is ________ conduct causing fear
A
Menacing
11
Q
Right of arrest for assault and A&B against person with restraining order
A
Felony (includes 209A, 208, 209, ,209C)
12
Q
Right of arrest for assault and A&B during harassment
A
Arrest on PC (charge under 264/13A)
13
Q
Normal items that become weapons when used in a dangerous fashion are called:
A
Dangerous use weapons
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
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
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
17
Q
A&B occurs in what three ways
A
Intentional unconsented touching
Intentional harmful touching
Reckless act that caused injury
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
19
Q
Right of arrest attempted indecent A&B
A
Felony
20
Q
Right of arrest Assault with Hypodermic Syringe/Needle
A
Felony
21
Q
A&B becomes aggravated offense when on child under ___
A
14 (felony)
22
Q
Right of arrest A&B Gang Solicitation of child under 18
A
Felony and aggravated offense
23
Q
What age of victim makes indecent A&B a felony
A
Any age. Aggravated offense
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
25
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&Bs involving police officers, domestic violence or felonies
26
Victim feared immediate attack and was then injured trying to escape. What is the correct charge?
A&B
27
Delivering food with nonlethal substance which causes discomfort is what charge?
A&B
28
Selling or distributing candy or food with foreign substance intended or reasonably expected to injure a person has what right of arrest
Felony
29
Can people agree to fist fight?
No
30
When does reckless conduct occur?
Suspect realizes, or should realize, danger associated with his conduct but does it anyway
31
In misdemeanor A&B, reckless conduct must result in :
Physical injury
32
What degree of injury makes A&B a felony
Serious injury or any injury on child under 14
33
When does the law recognize limited defense to A&B for disciplinary privilege for children
Adult striking child is acting as parent and using “reasonable” force
34
Who is outlawed from using corporal punishment
Public educators/public school officials (unless acting in self defense)
35
The police ________ permits officers to use reasonable and necessary force in their duties
Privilege
36
When does ABDW become aggravated (4)
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
37
Serious bodily injury is bodily injury that results in (3):
Permanent disfigurement
Loss or impairment of bodily function, limb or organ
Substantial risk of death
38
Is slight touching of victim with a weapon sufficient for ABDW
Yes, if the contact was intended as an assault
39
Suspect intentionally pushes barrel into another barrel which strikes the victim. What is the correct charge?
ABDW
40
Does ABDW require injury
Only if based on reckless conduct
41
Does suspect have to consciously use object as a weapon during ABDW
No
42
Are human hands, teeth or other body parts considered dangerous weapons?
No
43
When is a shoe considered a weapon?
When capable of causing greater injury than an unshod foot
44
Victim does not need to be named in complaint if they are unable to be located. Victims may be referred to as (3)
Person, pedestrian, bystander
45
Right of arrest A&B to collect a loan (legal or illegal)
Felony
2nd offense mandatory minimum 5yrs
46
Charge for DV intimate partner
265/13M
47
Charge for DV household member
265/13A
48
Right of arrest for A&B on public employee
Arrest for breach of peace in public. Otherwise, complaint
49
Right of arrest for A&B on public transit operator
Arrest on PC
50
Right of arrest for attempt to disarm police officer
Felony
51
Right of arrest for causing serious bodily injury to officer
Felony
52
Right of arrest for A&B on EMT
In presence, otherwise complaint
53
Right of arrest for A&B on health care provider
In presence, otherwise complaint
54
Mayhem is an assault in which the perpetrator has a cruel state of mind- the desire to ________ or ________
Maim or disfigure
55
Elements of Mayhem (3 types)
Specific acts (tongue, eye, ear, etc)
Dangerous substance or weapon
Privy to someone else’s intent
56
Regardless of the manner in which the crime of mayhem is committed, the suspect must possess a “specific intent” to (2):
Maim or disfigure
57
Does the crime of mayhem require a prolonged attack
No
58
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?
Mayhem. Defendant intended to main victim because she was jealous of her boyfriend’s sexual attraction toward victim
59
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?
Mayhem
60
Defendant struck victim one time with beer bottle during bar fight, nearly severing the victims ear. What is the appropriate charge?
ABDW injury
Not sufficient for mayhem because couldn’t show intent to maim
61
Appropriate charge for defendant that bit off victim’s ear with enough force to tear off very piece of cartilage
Mayhem
62
Appropriate charge for defendant that through a chemical agent (household soap, cleaner or bleach) into child’s eyes
Mayhem
63
Appropriate charge for defendant that used bat to smack head of unconscious victim
Mayhem
64
Defendant rubbed handfuls of dirt into victims eyes. What is the appropriate charge
Mayhem
65
For the second type of mayhem (dangerous substance or weapon) the attack must (3):
Disfigure, cripple, inflict serious injury
66
Can you charge mayhem if the victim completely recovers?
Yes
67
What does privy mean
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
68
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
No
69
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
Proof beyond a reasonable doubt
70
When is non-deadly force allowed during self defense (3)
Personal safety
Protect property
Eject trespasser
Reasonable concern over personal safety is proper standard, though other two are allowed
71
When is deadly force allowed during self defense
Person reasonably believes they’re in imminent danger of death or serious bodily injury
72
Overall factors to consider when assessing self defense claim (5)
Physical ability of combatants
Assailants prior use of force
Characteristic of any weapons used
Available means of escape
Legitimate belief of danger
73
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?
Introduce evidence of prior bad acts by the defendant for same purpose
74
Is boxing or martial arts history proof that someone is likely to be aggressive?
No
75
In the case of mutually agreed combat, the law does not allow claim of self defense unless:
Weapon or other type of force is unexpectedly introduced
76
When might the instigator of a fight be justified in using self defense claim?
When he makes known his intention to retire and withdraws in good faith
77
For battered women’s syndrome, women’s use of deadly force may be best understood by allowing evidence of (2)
History of relationship
Expert testimony on common patterns of abusive relationships
78
The right of self defense does not exist until a person has reasonably tried to:
Avoid combat
79
Defendant left a fight when victim introduced weapon. Defendant left and came back with a gun. Can defendant still claim self defense?
No
80
“Castle Law” is the only exception to what aspect of self defense
Duty to retreat
81
Does owner of a building have a duty to retreat before resorting to self defense?
Yes
82
Defendant ran outside with a baseball bat and fought assailants on his front porch. Is this justified under castle law
No. Intruder must be inside home
83
Defendant ran outside with a baseball bat and fought assailants on his front porch. Is this justified under castle law
No. Intruder must be inside home
84
If homeowner is confronted by a guest or visitor inside their own home, do they still have a duty to retreat
Yes
85
What amount of force can someone use to protect another person
Same force he could use to protect himself
86
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?
No. He had not assaulted her and was simply talking when boyfriend shot him without warning
87
Defendant’s sister got into an agreed upon fight with another girl. Defendant shot the victim and claimed defense of another. Is this reasonable?
No
88
What is it called when suspect claims he did not mean to use force
Accident defense
89
In the “accident defense” what is an accident defined as?
Unexpected happening that occurs without intention or design on a persons part
90
Once defendant raises possibility of an accident defense, what must the commonwealth do
Prove that assault or shooting was intentional
91
During DV response, officers may enter into private property to (3):
Serve protective order
Quell ongoing disturbance
At request of someone in lawful control
92
During DV response officers must leave if both parties request they do so, unless:
Exigent circumstances
93
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):
Provide help with ongoing/recent emergency (i.e response to 911 call)
Learn location of suspect
Get proper medical treatment for injured person
94
Why are prior incidents in DV cases relevant information to obtain?
Information may be admissible at trial/sentencing
95
What doubles the likelihood of a conviction in DV cases?
Digital photography
96
What does ELMO stand for
Probation Electronic Monitoring Law
97
What information does ELMO supply about probationers for investigative purposes?
GPS information
98
How do police departments request ELMO information?
Written request. Typically answered within 48 hours. Emergency receives immediate response
99
Can a victim be in more than one substantial dating relationship at a time and receive 209 protection
Yes
100
Are ex-stepchildren covered under 209A
Yes
101
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
No one factor is more important than the others
102
Harassment prevention order is a type of restraining order that does not depend on:
Relationship of the parties
103
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
Make a new application and have a new hearing
104
209A states abuse occurs when family or household member performs one or more of the following acts (3):
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
Was 209A justified when plaintiff alleged rape by his two homosexual roommates
Yes
106
Are ambulance reports and hospital records admissible when trying to prove domestic violence case
Yes
107
When may officers disclose to non-victims the location of a shelter the victim went to
Never
108
Where should officers try to obtain language services for victims on DV calls. Where should they avoid
Try to find community resources
Avoid using family or children
109
What does EJRS stand for
Emergency Judicial Response System
110
Can uncorroborated statements by victim in DV case cause reasonable suspicion or probable cause
May constitute probable cause to arrest
111
In DV cases are intoxicated or mentally ill victims inherently unreliable
No
112
When one department states that probable cause exists to arrest a suspect for a DV offense, what should another department do?
Another department SHALL immediately attempt to effect an arrest
113
When should officers attempt to make warrantless arrest for DV case?
Within a reasonable amount of time. Then when practical, apply for warrant
114
Indicators of dominant aggressor in domestic violence situation
Relationship history, size, strength, nature of force used, injuries
115
Why is the dominant aggressor not automatically the person who used force first?
Victims of repeated DV learn to recognize signs of impending assault
116
In domestic violence situation, offensive injuries would typically be found on the:
Victim
117
In domestic violence situations, defensive wounds would typically be found on the:
Aggressor
118
When must officers notify their chief if they are arrested or served with a complaint or restraining order
Notify orally as soon as arrested or served
File written report within 24 hours
119
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?
Charge out of state offender with violation of 209A just as you would MA offender
120
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?
Yes. Massachusetts officers may request the prosecutor bring a “criminal contempt” charge
121
What is “contempt”?
Offense to the court
122
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?
Federal prosecution. Federal statute also covers acts directed at protected persons animals, if the order included that protection
123
How much effort must officers put in to inform victim about abusers bail status in DV cases?
Reasonable attempt
124
Who may expedite the 6 hour domestic violence hold and how
The prosecutor by requesting arraignment within 3 hours of arrest
125
Who does 6 hour domestic violence hold apply to?
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
209A reports are confidential communication. They must be made available to:
Police
ADA
Bail Magistrate
Upon written request to:
Victim, their attorney, advocate, DV counselor, SA Counselor
127
When can officers seize guns/weapons for cases involving domestic violence?
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
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?
Yes, a consent search is allowed in all areas except those where the suspect has exclusive privacy
129
Can woman temporarily residing at a shelter give consent for police to search/seize weapons at the marital home following a domestic violence crime
Yes. (Case law where consent search of husbands bedroom was allowed even when the wife was residing at a shelter)
130
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?
Judge may grant suspension and surrender order
Chief may revoke or suspend gun license
131
In DV cases, does investigating department have to inform licensing authority that licensee is suspected of abuse?
Yes “shall” advise
132
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)
Officers who pay attention are not liable
133
In public housing, or when using public rental voucher, what laws protect tenant from eviction if they’re victim of domestic violence
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
What consequence can officer face for failure to take action or intervene in domestic violence instances
Officer and department may be subject to liability
135
In Massachusetts are police liable for their negligent failure to protect a particular person against danger
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
Venue for issuing protective order
Place victim lived at time or abuse or place victim currently lives if they left to avoid abuse
137
Venue for prosecuting violation of protective order
Court that issued order or court covering place of violation has venue
138
How long is temporary 209A good for
10 days
139
Who keeps records of 209A filings whether active, denied, vacated or expired
Probation Department
140
If victim of domestic violence recants in court, what can be used as proof of underlying crime?
209A affidavit
141
209A, 3, 3B, 3C, 4 and 5 mandate arrest for following violations (4)
Refrain from abuse
Stay away or no contact
Suspension or surrender
Vacate
142
Does order issued by district/superior court or order issued by probate have supremacy
Probate
143
Who is the only person able to modify 209A order?
Probate judge to allow visitation
144
If 209A was modified and defendant was served in probate court, do officers need to serve it again
No. As long as defendant was served
145
What is a 208 order for and is violation arrestable?
Divorce proceedings
May authorize arrest if order indicates violation is criminal offense
146
What is a 209 order-child support order and is violation arrestable?
Restraining order to protect any party during child support action.
If order includes language saying violation is criminal, mandatory arrest
147
What is 209C order and is violation arrestable?
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
Can police arrest for violation of the animal protection provision in a 209A order?
No. Police may seek arrest warrant
(Federal law includes animals protected in order)
149
Can police arrest for 209A infractions such as paying child support or medical costs?
No. Must be pursued by prosecutor through contempt hearing
150
Violation of 209A order in retaliation for a parents attempt to seek child support or to establish paternity results in mandatory minimum of:
60 days
151
Can court ordered GPS monitoring as condition of probation be used to in 209A violations?
Yes, if defendant appears in “zone of exclusion” probation may be revoked
152
What does notice of 209A provide the defendant?
Knowledge of what is prohibited
153
Does address of 209A order have to be verified before making service to that address?
No. Address on order presumed correct
154
Is 209A return of service later admissible in court to prove notice?
Yes
155
Is alcohol intoxication defense that 209A couldn’t be properly served?
No
156
Is alcohol intoxication defense that 209A couldn’t be properly served?
No
157
Does 209A order have to be translated to defendants language if they do not speak English?
No
158
Does 209A order have to be translated to defendants language if they do not speak English?
No
159
Which part of 209A order does non-payment of utility bills fall under
Vacate
160
Harassment order statute
258E
161
Preferred response for harassment if no HPO in effect
Arrest
162
Who has venue to issue HPO
District or superior court where plaintiff resides
Juvenile court where plaintiff resides has exclusive jurisdiction if under 18
163
How long does initial HPO last?
1 year
164
Grounds for emergency HPO (3)
Substantial likelihood of immediate danger of harassment
Court closed and danger
Plaintiff unable to appear because of physical condition
165
When is defendant given hearing to contest after emergency HPO?
Within 10 business days
166
For crime based HPO, how many instances of designated crime or involuntary sexual relations needed
One
167
Can juveniles be the subject of a 258E order (HPO)
Yes
(8 year old was subject to HPO after committing indecent A&B on 4 year old neighbor)
168
Does victim have to be same person to charge subsequent 265/13M
No. As long as prior offense was charged under 265/13M
169
For A&B causing Serious Bodily Injury, what does “serious bodily injury” mean?
Permanent disfigurement
loss or impairment of bodily function, limb or organ
Substantial risk of death
170
Some injuries that qualify as “serious” for A&B serious injury charge (4)
Broken jaw, permanent scar from stitches, facial reconstruction, double vision
171
Amount of pressure needed in Strangulation
Substantial pressure
172
For mentally and physically disabled people between 18-under 60 what abuse/neglect must be reported?
Physical
Sexual
Emotional
Neglect by caretaker
173
What agency do you report the abuse of a disabled person (mentally or physically) to?
Disabled persons protection commission
174
What types of abuse/neglect are reported to DCF?
Physical, sexual, emotional abuse
Neglect by person with permanent or temporary custody
175
What types of abuse/neglect are reported to elder protective services
Physical, sexual, or emotional abuse
Neglect by caretaker or self
Financial exploitation
176
What types of abuse/neglect are reported to dept of public health
Physical (includes over medication), sexual or emotional abuse
Neglect
Financial exploitation
177
Reporting standard to file a report with DCF
Reasonable cause to believe
178
Consequence possible for mandatory reporting who fails to notify the appropriate social service agency
May be prosecuted and fined up to $1,000
179
Consequence for mandated reported that failed to report child abuse when they knew it resulted in serious bodily injury or death
HC NMT 2.5 years/ 15k fine
180
For DCF reporting purposes, what does the law classify an infant’s physical dependence on drug at birth as
Abuse
181
Age to consent to sexual touching but not intercourse
14-16
182
For elders and disabled when is sexual contact reported to appropriate social service agency
When it is non consensual
Lacking mental capacity to consent counts as non consensual
183
Impairment of the psychological capacity of a child as evidenced by a substantial reduction in the child’s ability to function is:
Emotional injury
184
In case of emergency, if there is danger for further abuse, when must social service agencies begin investigation
Within 24 hours. DCF must begin investigation within 2 hours of oral report
185
In case of emergency, if there is danger for further abuse, when must social service agencies begin investigation
Within 24 hours. DCF must begin investigation within 2 hours of oral report
186
How long do social service agencies have to complete an investigation
DCF 10 days
DPPC. 10 days
Elder services 30 days
187
Right of arrest for person that makes “frivolous report” to DCF
Complaint
188
If abuse results in death, how long does investigating agency have to report the situation to the DA
Immediately
189
If agency substantiates nondeadly abuse, neglect or financial exploitation that may constitute criminal misconduct, how long do they have to refer case to DA
48 hours
190
Aggravated A&B and caretaker abuse can be charged for child victim under what age
Under 14. No coverage for kids 14-18
191
Right of arrest for aggravated A&B and Caretaker abuse where suspect permits bodily injury to a child
Complaint
192
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
Felony
193
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”
Yes
194
Does the spiritual treatment exception apply to children?
No
195
Caretaker is a person with responsibility for the physical care of an elder or disabled person that arises from (4):
Family relationship
Fiduciary duty imposed by law
Contractual duty
Voluntary duty
196
Soldiers Home Holyoke case resulted in what charge
Caretaker abuse
197
Right of arrest reckless endangerment of child
Complaint
198
Right of arrest reckless endangerment of child
Complaint
199
Right of arrest intellectually disabled person assault 265/13F
Felony
200
Right of arrest intellectually disabled person assault 265/13F
Felony
201
Does intellectually disabled person assault 265/13F apply if an intellectually disabled person assaults another disabled person?
No
202
Does the defendant have to know the victim is intellectually disabled to be charged with intellectually disabled person assault 265/13F?
Yes
203
Strongest action when someone violates the animal portion of 209A
Apply for warrant
204
For Assault Dangerous Weapon, does the victim need to experience fear or does the suspect need to intend fear?
Suspect needs to intend fear
Victim DOES NOT need to experience fear
205
In an attempted battery does the victim need to experience fear?
No
206
For threatened battery, does the victim need to experience fear or does the suspect need to intend fear?
The victim must experience fear and the suspect must intend fear (does not need to intend actual harm)
207
Right of arrest for hate crime A&B with no injury
Complaint
208
Right of arrest for hate crime A&B with injury
Felony
209
Right of arrest unarmed assault with intent to rob or steal
Felony
210
Right of arrest for A&B against intellectually disabled person
Felony
211
Right of arrest for subsequent A&B intimate partner?
Felony
