Criminal Offenses Flashcards

1
Q

A male student reported a Stalking course of conduct to Campus Police during the spring semester. During the investigation, Campus Police established that the first incident in the Stalking course of conduct to occur on Clery Act geography took place on public property. When the student returned to campus for the fall semester, the Stalking continued when the perpetrator repeatedly waited for the victim in the hallway outside the victim’s dorm room in an on-campus student housing facility. How is this included in statistics?

A

Since the spring and fall Stalking incidents involved the same victim and the same perpetrator, the fall incidents should be considered a continuation of the Stalking course of conduct that started in the spring. Include this as one Stalking incident on public property.

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2
Q

A male student reports that his ex-girlfriend has been sending him harassing text messages. The ex-girlfriend attends another university 200 miles away. While at home over summer break, the ex-girlfriend showed up at the student’s house every day asking if he has a new girlfriend at school. Now that he has returned to school, she sends him daily text messages threatening to “check-in” on him on-campus. The ex-girlfriend sends these text messages late at night and the victim receives them when he is inside his on-campus dorm room. How is this included in statistics?

A

Include one incident of Stalking in both the on-campus category and in the on-campus student housing facility category if the male student fears for his safety as a result of this behavior.

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3
Q

A female student reported that she is afraid for her safety because her ex-boyfriend has been sending harassing emails to her private email account over the past several weeks. She opened the first five emails in her off-campus apartment. However, earlier that day she opened another email on her mobile phone while walking on campus. She came directly to the Campus Police to report the behavior. The location of the ex-boyfriend when he was sending the harassing messages is unknown. How is this included in statistics?

A

Include this as one on-campus Stalking because the first incident in the course of conduct to occur on Clery Act geography was the victim reading the email on-campus.

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4
Q

Several students belonging to the university association of Hispanic students have reported being watched or followed by the same unknown man on various parts of campus. All of the students reported fearing for their safety as a result of his behavior but none of the students saw the man more than once. How is this included in statistics?

A

Do not include this as Stalking in your Clery Act statistics because, given that the man has never approached the same student more than once, the course of conduct was not directed at a single individual.

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5
Q

A female student reports that she is being followed by a man she met at her job at a café off-campus. He began showing up at the café and would not leave her alone. Since then she has also noticed him following her around campus and she fears for her safety. How is this included in statistics?

A

Include this as one incident of Stalking on-campus since the first occurrence on Clery Act geography occurred when the victim noticed the perpetrator following her on-campus.

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6
Q

A father argues with his son at a football game in the on-campus stadium. He eventually hits his son, breaking his jaw. How is this included in statistics?

A

Include this as one on-campus incident of Domestic Violence and one Aggravated Assault.

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7
Q

An employee reports to the campus police that her ex-husband has physically assaulted her four times. All four assaults occurred at the employee’s private residence; however, he has also recently showed up in the noncampus parking lot outside her office and threatened to hurt her. How is this included in statistics?

A

Include one noncampus Domestic Violence incident for the Intimidation that occurred in the noncampus parking lot. Do not include the Aggravated Assaults in your Clery Act statistics because they did not occur on Clery Act geography. Do not include the Intimidation as a Hate Crime in your Clery Act statistics because there was no evidence that it was motivated by bias. Also include one incident of noncampus Stalking

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8
Q

A neighbor reports yelling in the apartment next door in a university housing complex. The officer who arrives at the apartment finds a husband and wife having an argument. Neither party reports any physical injuries and neither party reports being intimidated. How is this included in statistics?

A

Do not include this incident in your Clery Act statistics.

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9
Q

A student’s wife is waiting for her husband outside of his on-campus classroom building. She attacks her husband with a knife when he exits the building. How is this included in statistics?

A

Include this as one on-campus incident of Domestic Violence and one on-campus Aggravated Assault.

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10
Q

A dating couple is arguing on a public sidewalk in front of a campus building. The male slaps the female and her face is red. How is this included in statistics?

A

Include this as one public property incident of Dating Violence.

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11
Q

After a party on campus, John walked back to his apartment in a noncampus housing complex with Matt, whom he has hooked up with a few times over the past month. When they reached John’s apartment, it became clear that Matt was angry that John had been talking with other men at the party, causing Matt to punch two holes in the wall and threaten to beat John if he sees him flirting with any other men on campus. John now fears for his safety around Matt. How is this included in statistics?

A

Include one incident of noncampus Dating Violence for the threat of physical abuse.

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12
Q

A female student reports that her boyfriend forced her into nonconsensual sex in her on-campus dorm room. How is this included in statistics?

A

Include one Rape in both the on-campus category and the on-campus student housing facility category, and one incident of Dating Violence in both the on-campus category and the on-campus student housing facility category.

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13
Q

A female student cuts her ex-boyfriend with a knife during an altercation in an on-campus dining hall. How to count this incident?

A

Include this as one incident of on-campus Dating Violence and one on-campus Aggravated Assault.

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14
Q

For a fraternity prank, two students forcibly bring a developmentally disabled student back to their house on campus. They shave the student’s head, spelling out the word “retard” in his remaining hair. They record the incident on their cell phones and post it on the fraternity website, all the while mocking his disability and his slurred-speech protests. Is this included in your statistics?

A

Include this as one on-campus Simple Assault characterized by Disability bias.

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15
Q

A transgender women was leaving the campus bookstore when three men walking toward her said, “Hey, what’s your problem? Huh?” She kept walking, trying to ignore them. However, as they got close, one yelled “We don’t want no she-males around here!” and a second one knocked her to the ground. Is this included in your statistics?

A

Include this as one on-campus Simple Assault characterized by Gender Identity bias.

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16
Q

A white student ran by another student in front of the Student Union, shoved him to the ground, and forcibly pulled his Dastaar (Sikh Turban) and said, “Take that thing off your head—we don’t want your kind in this neighborhood!” In the process of the attack, the Sikh student suffered a concussion. When campus police responded to the scene, a witness to the attack identified the perpetrator as a part-time clerk at a local convenience store near a predominately Sikh community. Is this included in your statistics?

A

Include this as one on-campus Aggravated Assault characterized by religious bias.

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17
Q

Two students are walking on campus, speaking Spanish. Five other white students surround them, shove them and throw them to the ground, shouting “You’re in America. This is our country. We speak English here! Go back to your own country if you don’t like it!” Is this included in your statistics?

A

Include this as two on-campus Simple Assaults characterized by National Origin.

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18
Q

The office of the Arab-American Student Center on the third floor of the campus student union contains both Arabic and English writing on the outside of the door. One night the office is vandalized, with anti-Arab threats and disparaging anti-Arab messages. Is this included in your statistics?

A

Include this as one on-campus Destruction/Damage/Vandalism of Property incident characterized by Ethnicity bias.

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19
Q

An on-campus student center features a photo exhibit of famous Muslim-Americans and their achievements. Next to the display case is a second unrelated photo exhibit that features several well-known school alumni. An employee who is prepping the coffee bar for the day notices that there are what appear to be permanent ink markings on the glass over some of the facial features of photos of the Muslim-Americans. There are no markings on the other exhibit case. The employee reports the incident to the school’s public safety officer who is on the other side of the campus and in the process of examining defaced posters announcing a meeting of the school’s Muslim-American student group. After examining all of the evidence the officer concludes that a Hate Crime was committed. Is this included in your statistics?

A

Include this as one on-campus Destruction/Damage/Vandalism of Property incident characterized by religious bias.

20
Q

Several students call the campus security office to report swastikas spray-painted on the hallway walls of an on-campus student housing facility on the floor where members of a Jewish student group live. The spray-painting follows a week of escalating tension between some Jewish and non-Jewish students over news about the Israeli-Palestinian conflict. Campus security personnel investigate and, based on the evidence, conclude that a Hate Crime was committed. Is this included in your statistics?

A

Include this as one on-campus Intimidation characterized by religious bias and one on-campus student housing facility Intimidation characterized by religious bias.

21
Q

During finals week, a gay faculty member gets a series of phone calls in his noncampus office. When he answers, the caller says that she hates gay people and then hangs up. On the third night, the caller says that the faculty member had better be careful because something terrible was about to happen to gay people at the school. The faculty member is afraid and calls the local police to report the threat. Is this included in your statistics?

A

Include this as one noncampus Intimidation based on Sexual Orientation bias.

22
Q

A campus police officer overhears a white student and a black student arguing over a parking space on campus. They are shouting obscenities at one another and the white student shoves the black student who scrapes his hand on the asphalt when he falls. The officer approaches the students and asks for an explanation for the argument. The students tell him that one of them was driving toward the parking space first but didn’t use his turn signal to indicate he wanted to park there. The other student drove into the space not knowing that the first student had intended to park there. The officer did not find any evidence that the Simple Assault was motivated by bias. Is this included in your statistics?

A

Do not include this incident as a Hate Crime in your Clery Act statistics.

23
Q

Several students call the campus security office to report swastikas spray-painted on the walls in a hallway of an on-campus student housing facility. Campus security personnel investigate but cannot find conclusive evidence that the markings were bias-motivated. Is this incident included as a Hate Crime in your Clery Act statistics?

A

Do not include this incident as a Hate Crime in your Clery Act statistics.

24
Q

TRUE OR FALSE

The exception for Hate Crimes is when the Aggravated Assault is not included in the Criminal Offenses category because of the hierarchy rule. For example, for a single incident involving both a Rape and an Aggravated Assault that were both Hate Crimes, include only the Rape in the Criminal Offenses category and both the Rape and the Aggravated Assault in the Hate Crimes category.

A

TRUE

25
Q

For any Criminal Offense that is also a Hate Crime, your statistics should indicate the offense and also the offense with the ____________________. For example, if an Aggravated Assault is a Hate Crime, include one Aggravated Assault in the statistics in the Criminal Offenses category and one Aggravated Assault motivated by (category of bias) in the Hate Crime category.

A

category of bias

26
Q

TRUE OR FALSE

Hierarchy Rules do not apply to Hate Crimes.

A

FALSE

27
Q

If Rape, Fondling, Incest or Statutory Rape occurs in the same incident as Murder, do you count sexual assault or murder or both?

A

If there are multiple offenses committed during the same distinct operation as the Arson offense, you should report the most serious offense along with the Arson.

28
Q

TRUE OR FALSE

Arson is never counted along with any other offense.

A

FALSE

29
Q

TRUE OR FALSE If there are multiple offenses committed during the same distinct operation as the Arson offense, you should report the most serious offense along with the Arson.

A

TRUE

30
Q

TRUE OR FALSE

If a student is both raped and robbed during a single incident you should count both incidents.

A

FALSE

31
Q

Exceptions to hierarchy - ASHV

A

Arson

Sexual Assaults

Hate Crimes

VAWA Offenses

32
Q

Hierarchy - MMSRABM

A

Murder and Non Negligent Manslaughter

Manslaughter by Negligence

Sexual Assault

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

33
Q

Hate Crime additional crimes

A

Larceny Theft
Simple Assault
Intimidation
Damage/Destruction /Vandalism of Property

34
Q

BIAS CATEGORIES

A

RACE
RELIGION
SEXUAL ORIENTATION
GENDER
GENDER IDENTITY
ETHNICITY
NATIONAL ORGIN
DISABILITY

35
Q

Hate crime

A

criminal offense that manifests evidence that the victim was intentionally selected because of perp’s bias against the victim

36
Q

Motor Vehicle Theft

A

theft of a vehicle

37
Q

Burglary

A

unlawful entry of a structure with the intent to commit a theft

38
Q

Aggravated assault

A

unlawful attack on another person with the intent to cause injury or bodily harm. Usually with the displaying of a weapon or item used in the commission of the crime

39
Q

Robbery

A

taking of another’s property with force or threatening to use force

40
Q

Arson

A

willful or malicious burning or attempt to burn

41
Q

Statutory rape

A

sexual intercourse with a person who is under the statutory age of consent.

42
Q

Incest

A

sexual intercourse with someone related to

43
Q

Rape

A

penetration, no matter how slight, of another person’s private parts or oral penetration by a sex organ without consent

44
Q

Fondling

A

unwanted touching of private body parts

45
Q

Sexual assault

A

any sexual act directed against another person, without consent or incapable of giving consent

46
Q

Manslaughter by negligence

A

gross negligence - accidental

47
Q

Murder and non negligent manslaughter

A

unlawful killing of one human being by another.