Section 9.1 Flashcards
In some states and in some situations it does not matter which party started it both are getting arrested. True or False
True
In other states and other situations, it might matter who started it. Example, bar fight two people throw punches but we need to figure out who started it so we interview witnesses. This happens when?
both parties claim the other started it
It was just a bar fight no one needs to go to jail even though they threw the first punch and committed a crime against me. What does this mean?
The victim does not want to complain
Example, there are many states with domestic violence and one of the two has visible injuries you must arrest the other person even if the other person does not want to complain. True or False
True
Come through interviewing witnesses, physical evidence at the scene. This refers to what?
Establish intent by documenting the events leading up to the act
Simple of aggravated. The easiest thing to do is take photos of the scene because the severity of assault can be documented with what?
photos and medical reports
Did he use his fist or a baseball bat or a can of corn? The weapon can be anything. You need to determine the exact means and the weapon used in the attack. True or False
True
Separate witnesses and make sure that everything they are saying is the same. Look at the physical injuries of the victim.
Corroborate as many suspect/ victim statements as possible.
When you are in a fight it is not clear hits. Everybody scratches under their nails there is evidence. You need to do what?
get fingernail scrapings from both
Do all weapons need to be seized after an assault?
yes
Drunk or suspected on drugs get them to the hospital or call EMT’s to draw blood so you can do _________ tests.
Toxicology
“Rule of Thumb” What case?
State v Rhodes (1868)
Domestic violence case and that myth got cited and the US Supreme Court said domestic violence cases are not matters for the law unless the weapon used against the wife is larger than what? (For a long time domestic violence was not seen as a crime.)
mans thumb
It has only been recently that ______ _______ has been taken seriously by the law.
domestic violence
70% Police arrest ____ of domestic violence cases.
15%
2000 police arrest ____ of domestic violence cases.
50%
Domestic violence can be any two or more groups of what?
co habiting people
Example, if you punch your roommate can that be domestic violence?
yes
example, parent and adult child is that domestic violence?
Yes
In the vast majority of cases it is the husband/ boyfriend hurting the wife/girlfriend. True or False This is also referred to as what?
True
intimate partner violence
____ ____ _____ comprises the vast majority of domestic violence but not all.
intimate partner violence
Kicking, punching, using a can of corn are ______ of domestic violence.
physical
Recent things that in many states it was impossible to ______ your wife. Once you were married that was implied consent. It was not illegal. Finally, they got rid of this.
rape
Go back to simple assault with the means to carry them out before they become illegal.
threats of physical/ sexual violence