JL Ch. 1- Massachusetts Age chart Flashcards

1
Q

Massachusetts continues to follow Roe Vs. Wade. Under Roe, a fetus may be aborted prior to becoming (blank).

A

Viable.

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2
Q

(Blank) means that the fetus could survive outside of the womb, with OR without artificial support.

A

Viability.

Viability depends on the particular case and does NOT occur at a particular gestational age.

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3
Q

Post- viability abortion (usually in the third trimester) is justified only when:

A

the life or health of the mother is in danger.

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4
Q

112 Sec 12 J prohibits experimentation on human fetuses. However, researchers may study (blank) if approved by an institutional review that complies with federal regulations.

A

“neonates”

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5
Q

Are gender affirming (trans) and reproductive health care services protected civil rights in Massachusetts?

A

Yes. This law defines and protects:

-Gender-affirming care
-Reproductive health care

Police officers SHALL not investigate this type of protected health care activity.

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6
Q

Gender affirming care and reproductive health: Law enforcement officers in the commonwealth are forbidden form providing information or assisting in any investigation- by an government official or private citizen- regarding out-of-state health services that would be lawful if provided in Massachusetts: The only exception is:

A

if a federal law explicitly requires that state or local officers provide assistance.

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7
Q

A fetus may be the subject of a murder or manslaughter charge if, at the time of the criminal act, the fetus was:

A

viable.

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8
Q

A baby who is born drug addicted or in some other way damaged by parental neglect or abuse, should be the subject of a:

A

51A.

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9
Q
  • Child must attend school- an continue to do so until his or her 16th birthday.
  • Minimum age to institute Child Requiring Assistance (CRA) proceeding.
A

Age 6.

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10
Q

Children age (blank) or older may deliver newspapers with parent or guardian permission.

A

Age 9.

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11
Q

Abandonment of a Child under (blank) years of age:

A

Under 10 .

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12
Q

Child legally presumed incapable of committing a crime.

A

Under 12.

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13
Q

Youngest age to charge offender with a crime.

A

Age 12.

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14
Q

Child must be appropriately restrained by car seat or safety belt in a motor vehicle.

Age:

A

Under Age 13

-Operator responsible for fine
-Primary enforcement by police.

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15
Q

Children and adults must be appropriately restrained by a safety belt in a motor vehicle.

Age:

A

Age 13 and Over

Operator responsible for fine for passengers age 13 to 15. Passengers age 16 and above cited separately.

*Secondary enforcement by police

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16
Q

Operator is responsible for safety belt fine for passengers age (blank) to (blank).

A

Age 13 to 15.

Passengers age 16 and above cited separately.

Secondary enforcement

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17
Q

Protection:
- Aggravated A&B on a Child
- Indecent A&B of a Child
- Tender Years Doctrine established by SJC
-Children under this age may not work unless delivering newspapers

Procedure:
- Miranda waiver only valid if parent/interested adult present
-No detention in adult jail or juvenile secure detention
-Juvenile court jurisdiction for murder

Age?

A

UNDER 14 years old

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18
Q

Protection:
- Indecent A&B on Person (blank) and older
- Children who are (blank through blank) must obtain an employment permit to work

Procedure:
- Miranda waiver valid if parent/interested adult present- only exception is if juvenile “highly sophisticated”
- No detention in adult jail, BUT may be held in secure detention for up to 6 hours.
- Superior Court jurisdiction for murder
- Juvenile Court jurisdiction for “Youthful Offenders” and other delinquents.

Age?

A

Age 14 and OVER

-Children who are 14 though 17 must obtain an employment permit to work.

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19
Q

Protection:
- Child Requiring Assistance- truant, school misbehavior
-Statutory Rape
-Rape of Child Under (blank)
-Assault with intent to rape child under (blank)
-Enticement for sex or violence

Age?

A

UNDER Age 16

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20
Q

Protection:
Helmets required for bicyclists, and those using in-line skates, non motorized scooters, and skateboards.

Age?

A

Age 16 and under.

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21
Q

Protection:
-May consent to sexual intercourse
-Responsible for seat belt fines

A

Age 16 and over.

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22
Q

What is the minimum age of a defendant for Contributing to Violation of a Juvenile Court Order?

A

19 years old.

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23
Q

(Read the whole question)

Protection:
-Child Requiring Assistance- runaway, home misbehavior
-Mandatory reporting of child abuse and neglect
-Care & Protection
-Mandatory reporting of Missing Child
-Contributing to Delinquency of minor
-Contributing to Violation of a Juvenile Court Order (age of juvenile not defendant)
-Reckless endangerment of a child
-Parental kidnapping of Child
-Parental consent for abortion required
-Junior operator and Learner’s permit restrictions

Protective Custody:
- Requires immediate parental notification
-Protective custody of child in knowing presence of Class A, B, or C

Drug Crimes:
-Marijuana Possession of 2 oz or less (must attend drug class)
-Selling drug paraphernalia to buy under 18 (buyer)
-Selling glue or cement to minor
-Distribution of Class A, B, or C to minor
-Inducing minor to Distribute Drugs

Sexual Exploitation:
- Sexual conduct for fee with minor
-Inducing Minor to become Prostitute
-Electronic Enticement of Prostitute
-Deriving support or earnings from minor prostitute
-Creating child pornography
-Disseminating child pornography
-Possessing child pornography
-Disseminating Obscenity to minors
-Human trafficking (enhanced penalties)

Procedure:
- Miranda waiver only valid if parent/interested adult present unless youth is “highly sophisticated”

Age?

A

UNDER 18 years old.

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24
Q

Protection:
- Mandatory reporting of abuse & neglect of disabled to Disabled Persons Protection Commission
-No longer eligible for CRA proceedings or police custody as a runaway
-“Emerging adults” (ages blank blank and blank)- are eligible for parole even after conviction of 1st degree murder

Procedure:
-Miranda waiver. No parent /interested adult protection
-Considered an adult for criminal charges, detention, and incarceration.

Age?

A

Age 18.

25
Q

Protection:
-Contributing to Violation of a Juvenile Court Order

Age?

A

19 is the minimum age of a DEFENDANT.

26
Q

Protection:
-Report any Missing Person under (blank) in CJIS/ NCIC (this is a federal mandate that applies to all states)
- Selling or furnishing Alcohol to Persons under (blank)
-Procuring Alcohol by false Representations of ID
-Persons under (blank) possessing or transporting alcohol
-Person under (blank) possessing marijuana
-Transferring marijuana to person under (blank)
-Procuring marijuana or marijuana accessories
-Selling tobacco product to person under (blank)

Age:

A

Under 21.

27
Q

Protection:
-Mandatory reporting of abuse, neglect, and financial exploitation of elders to Elder Protective Services
-A&B on Elderly person
-Enhanced penalties for crimes committed against elders:
- ABDW
- ADW
- Armed Assault intent rob or murder
-Unarmed robbery
-Larceny from a person

A

Age 60 and over.

28
Q

Is age an element of crimes against the Elderly (enhanced penalties- A&B,ADW, ABDW Armed assault with intent to rob or murder, Unarmed robbery,
Larceny from a person)?

A

Yes.

Ex. the defendant was charged with unarmed robbery of an elder. Although the victim testified, the prosecutor neglected to ask her age or offer her license or some other ID into evidence. Instead, the government relied solely on the women’s elderly appearance. This was insufficient. When proof of age is necessary, there should be evidence in addition to the victim’s appearance.

29
Q

Under 18:

Parental consent for abortion required (only need consent of one parent to obtain abortion) However, there is an exception:

A

A minor is permitted to appear before a judge of the Superior Court and obtain a waiver of parental consent. The minor, typically assisted by an appointed attorney, may then have an abortion on her own.

30
Q

Under 18:

Parental consent for abortion required (only need consent of one parent to obtain abortion)

However, a minor may appear before a judge of what court to obtain a waiver of parental consent?

A

Superior Court.

31
Q

What age must a child first attend school?

A

Age 6.

32
Q

What age can you charge an offender with being delinquent?

A

Age 12

Youngest age to charge an offender with a crime.

33
Q

For Indecent A&B on a child under what age is consent not an option?

A

Under 14

Child under this age can’t consent to sexual touching.

34
Q

What age is the Tender Years doctrine applicable?

A

Under Age 14
(13 AND under)

35
Q

What is the Tender Years Doctrine?

A

This rule states that someone age 13 and under lacks the maturity to consent to accompany an adult without the permission of his or her parent or guardian. This applies to Kidnapping offender who later argue that the child consented to go with them.

36
Q

Offender is at the Marshfield Fair and convinces and 11 year old to come get an ice cream with him and they’ll find his parents later. The child agrees.

This is:

A

Kidnapping.

Tender Years Doctrine: Child Under 14 years old cannot consent to accompany an adult without parent/guardian permission.

37
Q

If a child is Under 14, a Miranda waiver is only valid if:

A

parent or interested adult is PRESENT.

No exceptions.

38
Q

Can a child under 14 ever be held in a secure juvenile detention?

A

No.

39
Q

At what age (victim) does an Indecent A&B offense have to show a lack of consent?

A

Age 14 and over.

Under 14 can’t consent, 14+ can consent to sexual touching

40
Q

Once a juvenile is 14, can a Miranda waiver be valid without a parent or interested adult present?

A

ONLY if “highly sophisticated”

41
Q

Once a child is 14, how long may a delinquent be held in secure detention in a juvenile cell?

A

For up to 6 hours.

42
Q

14+ what jurisdiction for murder?

A

Superior Court

43
Q

Under 14, what jurisdiction for murder?

A

Juvenile Court

44
Q

Under what age is a child incapable of consenting to intercourse?

A

Under age 16

Statutory rape

45
Q

What age are helmets required for bicyclist? And those using in-lines skates, non-motorized scooters, and skateboard?

A

Age 16 AND under.

46
Q

A court has jurisdiction for a CRA under what age for behavior issues (runaway, home misbehavior)?

A

Under 18.

47
Q

A court has jurisdiction for a CRA under what age for school issues (truancy, school misbehavior)?

A

Under 16.

48
Q

Under age 18 Protective custody for Alcohol or Drugs. When must parental notification be made?

A

Immediately.

49
Q

What age can a child be held by police for up to 4 hours if they are in the knowing presence Class A, B, or C drugs.

A

Under 18.

50
Q

Aggravated A&B on a Child, and Indecent A&B of a Child. What is the age?

A

Under 14

51
Q

Children between what ages must obtain an employment permit to work?

A

14 through 17.

52
Q

Statutory rape, victim is under what age?

A

Under 16.

53
Q

What age must the child be under for Reckless Endangerment of a child?

A

Under 18

54
Q

What age must the child be under for Parental Kidnapping of a child?

A

Under 18.

55
Q

Protective custody:

Child under what age requires immediate parental notification?

A

Under 18.

56
Q

Selling glue or cement to a minor. What age must the minor be under?

A

Under 18.

57
Q

Report any person under what age in CJIS/ NCIC?

A

Under 21.

58
Q

According to JV Reference Manual: Age 14 an older, a juvenile can be held in secure detention for up to ____ hours.

A

6 hours.

59
Q
A