Session 6

Question 1

When the first officer arrives on the scene of a robbery, he should do each of the following except:

A: Verify the robbery.
B: determine if anyone needs medical attention.
C: advise headquarters of any pertinent detail.
D: chase fleeing suspects.

Answer 1

D: chase fleeing suspects.

D: M.F.P. Part 3, 49B

Question 2

When the press is requesting the identification of the decedent and the next of kin have not yet been notified, the best approach to take with the press is to:

A: tell them that they will have to get the name of the decedent from the medical examiner.
B: tell them that your department policy dictates when the decedent’s name can be released.
C: tell them that the one-hour rule applies.
D: tell them that the name of the decedent will not be released under any circumstances until such time that the next of kin is notified.

Answer 2

B: tell them that your department policy dictates when the decedent’s name can be released.

M.F.P. Part 3, 24B

Question 3

The age of a child can be a central issue in a trial of certain offenses. Other than the child’s birth certificate, consider the following means of proving a child’s age in court.

1. A copy of a church baptismal record.
2. An entry from a family bible.
3. The opinion of a physician after a physical examination of the child.
4. Personal inspection of a child by a court and jury.

A:#1, #2, #3, and #4.
B:#1 and #3, but not #2 or #4.
C:#3 and #4, but not #1 or #2.
D:#4 only.

Answer 3

A:#1, #2, #3, and #4.

M.F.P. Part 3, 15B

Question 4

Officer Myles Long does not respond in a timely manner to assigned calls for service. P.O. Long should be punished

A: Immediately upon discovery of the violation by his supervisor.
B: This violation does not rise to the level requiring punishment.
C: After counseling and retraining by the supervisor does not work.
D: If the department places a value on response times.

Answer 4

C: After counseling and retraining by the supervisor does not work.

Negative discipline (punishment) is proper when positive discipline fails to work.

Question 5

To be most effective, punishment must be all of the following except:

A: Certain
B: Swift
C: Equal
D: Impartial

Answer 5

C: Equal

Must be certain, swift, fair, and impartial.

Question 6

Ideally, punishment should take place

A: In the Chief’s office.
B: Only after repeated violations.
C: As soon as possible following a violation.
D: At roll call so that it will serve as a deterrent to others.

Answer 6

C: As soon as possible following a violation.

SWIFTNESS is a requisite of punishment.

Question 7

You are newly promoted and assigned to supervise a patrol squad. Within a 3-week period, you receive a number of unrelated grievances from your subordinates. You successfully resolve all of the grievances without having to advance them to the next stage of the process. A week later, you receive another grievance from another subordinate. Of the following, what would you be well advised to do next?

A: Refuse to accept any new grievances.
B: Advance the latest grievance to the next step in the process.
C: Examine your methods of communicating.
D: Consider whether a more serious problem exists.

Answer 7

D: Consider whether a more serious problem exists.

Grievances are often symptoms of more serious problems.

Question 8

The pending election for PBA president polarizes the supporters of each of the two candidates based on major personality differences between them. How should a supervisor best handle this problem?

A: Meet together with the leaders of each faction and attempt to resolve the problem if it is job-related.
B: The supervisor should not intervene.
C: Determine which candidate would best support the department’s organizational goals.
D: Warn the involved personnel to not allow the split to affect department operations.

Answer 8

A: Meet together with the leaders of each faction and attempt to resolve the problem if it is job-related.

Question 9

Your subordinate, Officer Kim, brings a written grievance into your office and gets visibly angry when you ask for background information. Of the following, what action should you take next?

A: Explain to PO Kim why you need the information.
B: Try to calm PO Kim so you can get the facts.
C: Accept the grievance and pass it through the appropriate channels.
D: Send PO Kim away until he is willing to discuss the matter.

Answer 9

B: Calm him so you can get the facts.

Question 10

You receive multiple grievances from your subordinates, but nearly all are found to be without merit. What must you understand might be driving this spate of grievances?

A: A more serious problem exists, and your subordinates are using the grievance process to express their frustration.
B: Your management style may be flawed.
C: The department is mistreating its employees.
D: Any grievance submitted should be considered suspect.

Answer 10

A: You must understand that the EXPRESSED GRIEVANCE may not be the REAL GRIEVANCE.

Question 11

PO Barrea brings you a completed grievance form and explains that he believes he was unfairly denied overtime. Of the following, what should be your first step?

A: Determine if the alleged grievance is a contractual violation.
B: Investigate the grievance.
C: Determine if the PBA has endorsed the grievance.
D: Find out how many prior grievances have been filed by the officer.

Answer 11

B: Investigate the grievance.

Question 12

A female officer files a sexual discrimination complaint because her male radio-car partner uses curse words on a regular basis. Of the following, what is the most appropriate action for you as a supervisor to take?

A:The complaint is not one of sexual discrimination, but you should counsel the complainant’s partner regarding the use of foul language.
B:Refer the complainant to the EEO office.
C:Assign each officer to a new partner.
D:Call both officers into your office and have them work it out.

Answer 12

A:The complaint is not one of sexual discrimination, but you should counsel the complainant’s partner regarding the use of foul language.

Question 13

PO Reilly complains about his sergeant to Lieutenant Standish. Before proceeding any further, Lieutenant Standish should attempt to determine which of the following first?

A: What type of employee PO Reilly is.
B: If the sergeant has had problems with other employees.
C: If PO Reilly has spoken to the sergeant about the matter.
D: If the complaint has any merit.

Answer 13

C: If PO Reilly has spoken to the sergeant about the matter.

Question 14

PO Lee comes to you with a grievance alleging a contractual violation. All of the following are true except:

A: You should explain to PO Lee what your understanding of the grievance is.
B: You should investigate the grievance.
C: You should treat the grievant fairly.
D: You should ask PO Lee what the real reason for the grievance is.

Answer 14

D: You should ask PO Lee what the real reason for the grievance is.

Question 15

Sergeant Norton presents a grievance to Lieutenant Roman that Roman knows is unfounded. Lieutenant Roman should best:

A: Warn Sergeant Norton about filing unfounded grievances.
B: Forward the grievance through the chain of command.
C: Make Sergeant Norton feel that he was fairly treated.
D: Dismiss the grievance without further action.

Answer 15

C: Make Sergeant Norton feel that he was fairly treated.

Question 16

You hear rumors through the grapevine from multiple sources that the officers reporting to one of your subordinate sergeants are unhappy. You call in the sergeant to discuss the matter, and he launches into an angry tirade. Of the following, which statement is true?

A: The sergeant should be admonished for yelling at a superior.
B: You should try to calm him and ask how he would solve the problem.
C: You should have tried to verify the rumor first.
D: Don’t call in the sergeant because as long as the job is getting done, you needn’t worry about the morale of the sergeant’s unit.

Answer 16

B: You should try to calm him and ask how he would solve the problem.

Question 17

PO Rivers is partnered with PO Winston on a regular basis. Winston frequently refers to others using vulgar language. Rivers has told Winston not to talk like that, but Winston has disregarded Rivers’ requests. PO Rivers complains to Sergeant Cheatham about the situation. Of the following statements, all are false except:

A: The sergeant should not intervene in minor squabbles.
B: The sergeant should speak to PO Winston.
C: PO Winston should be disciplined.
D: PO Rivers should be given the option to be reassigned.

Answer 17

B: The sergeant should speak to PO Winston.

Question 18

Roger was arrested for Petit Larceny, a Class A Misdemeanor. Officer Stumpy filed a Misdemeanor Complaint with an appropriate local criminal court upon presenting Roger for arraignment. At his arraignment, Roger was asked if he waived his right to be prosecuted by way of an Information. Based solely on these facts, evaluate the following statements:

1. Roger cannot waive his right to be prosecuted by way of an Information.
2. Officer Stumpy can convert the Misdemeanor Complaint into an Information by supplementing the Misdemeanor Complaint with a non-hearsay Supporting Deposition.
3. Roger cannot enter a plea to the charges in the Misdemeanor Complaint unless he waives his right to be prosecuted by way of an Information.

A: All three are correct.
B: Only #1 and #2 are correct.
C: Only #1 and #3 are correct.
D: Only #2 and #3 are correct.

Answer 18

D: Only #2 and #3 are correct.

See, C.P.L. 170.65.

Question 19

Officer Mullins arrested Roger for Burglary. Officer Mullins knows he can file a Felony Complaint against Roger in an appropriate Local Criminal Court, but he would rather avoid the Local Criminal Court and charge Roger in the Superior Court. Based solely upon these facts, evaluate the following statements:

1. Officer Mullins can file a Superior Court Information charging Roger with Burglary, which is always a Felony, in the Superior Court.
2. Only a Grand Jury Indictment can both commence the Criminal Action and the Criminal Prosecution for the Felony charge against Roger.
3. A Prosecutor’s Information can be filed in both Local Criminal Courts and the Superior Courts.

A: All three are incorrect.
B: Only #1 is correct.
C: Only #2 is correct.
D: Only #3 is correct.

Answer 19

C: Only #2 is correct.

C: See C.P.L. Article 200 and Article 210, and see also C.P.L. Article 100.

Question 20

According to Article 570 of the Criminal Procedure Law, each of the following statements is true, EXCEPT:

A: A Governor’s Warrant allows a directed civilian to call upon the police to assist with its execution and the failure to bring someone arrested pursuant to a Governor’s Warrant to a Court of Record is a Felony.
B: New Jersey State Trooper Byers, when he has taken Roger into custody following Roger’s arrest pursuant to a Governor’s Warrant for return to New Jersey to face criminal charges, may lodge Roger in any City or County Jail inside of New York until such time Trooper Byers is ready to proceed on his route back to New Jersey.
C: When Roger has waived extradition from New Jersey to voluntarily be returned to New York to face criminal charges, Roger cannot be served with a civil lawsuit papers stemming from the alleged criminal conduct, unless he is convicted or else had reasonable time to leave New York after his conviction.
D: In New York, only a Police Officer can make an arrest without a warrant of a fugitive from another State who has been charged in that State with a crime punishable by death or imprisonment for more than one year.

Answer 20

D: In New York, only a Police Officer can make an arrest without a warrant of a fugitive from another State who has been charged in that State with a crime punishable by death or imprisonment for more than one year.

D: John Q. Citizen can make this arrest, too. See, C.P.L. 570.34.

Question 21

Evaluate the following statements concerning Material Witness Orders.

1. If an Indictment has been filed, only the Superior Court where the Indictment was filed may issue the Order.
2. If a Felony Complaint has been filed in a District Court, New York City Criminal Court, or with a Superior Court Judge sitting as a Local Criminal Court, the Order may only be issued by that Court.
3. If a Felony Complaint has been filed in a Local Criminal Court, that Court may issue the Order.

A: None of these three statements is true.
B: Only statement #1 is true.
C: Only statement #2 is true.
D: Only statement #3 is true.

Answer 21

B: RE #2, it may also be issued by the Superior Court having jurisdiction for Grand Jury purposes.
RE #3, the Local Criminal Court cannot issue a Material Witness Order, but instead, the Superior Court with Grand Jury jurisdiction can issue the Order.

Question 22

Roger was arrested for a Robbery he claims he did not commit and for which he further claims he has an alibi defense. When he was arraigned on the Robbery charge, the Assistant District Attorney served Roger with a demand that Roger provide a formal Notice of Alibi to the Assistant District Attorney within eight days. According to Article 250 of the Criminal Procedure Law, the Assistant District Attorney’s demand was:

A: Proper, as it was made within twenty days of the arraignment.
B: Proper, as it can be made at anytime before trial.
C: Improper, as a Defendant never has to share alibi information with the Prosecutor.
D: Improper, as a Prosecutor has the burden of proving that there are no alibi witnesses.

Answer 22

A: Proper, as it was made within twenty days of the arraignment.

A: See, C.P.L. 250.20.

Question 23

Roger has been convicted and will be sentenced by the County Court for Felony Assault upon Tondelayo. Based solely on these facts, evaluate the following statements:

1. There must be a prepared Victim Impact Statement that is provided to Tondelayo or her family by the Prosecutor before Roger’s sentencing.
2. The District Attorney must inform Tondelayo or her family of the date of Roger’s sentencing at least twenty-one days in advance of Roger’s sentencing.
3. Tondelayo must inform the Court at least ten days before Roger’s sentencing of her intention to make a statement at Roger’s sentencing.

A: All three statements are correct.
B: None of the statements are correct.
C: Only statements #1 and #2 are correct.
D: Only statements #1 and #3 are correct.

Answer 23

A: All three statements are correct

, C.P.L. 390.50.

Question 24

Roger alters a written instrument prepared by Tondelayo with the intent to deceive another. Roger committed the offense of:

A: Forgery in the second degree.
B: Criminal Simulation.
C: Forgery in the third degree.
D: Petit Larceny.

Answer 24

C: Forgery in the third degree.

PL 170.05

Question 25

Roger knowingly prints United States currency which he intends to use to buy groceries at Shop Rite, and deceive the cashier at the time of purchase. Roger committed the offense of:

A: Grand Larceny in the first degree.
B: Forgery in the first degree.
C: Criminal Simulation.
D: Forgery in the third degree.

Answer 25

B: Forgery in the first degree.

See, PL 170.15 deals with money

Question 26

Roger assumes the identity of Tom with the intent to defraud another and obtains money because of his scheme. Roger committed the offense of:

A: Identity Theft in the third degree.
B: Criminal Impersonation in the first degree.
C: False Personation.
D: Criminal Impersonation in the second degree.

Answer 26

A: Identity Theft in the third degree.

See PL 190.78

Question 27

Roger knowingly alters a codicil with the intent of deceiving Tondelayo out of her inheritance. Roger committed the offense of:

A: Grand Larceny in the fourth degree.
B: Forgery in the second degree.
C: Forgery in the first degree.
D: Grand larceny in the third degree.

Answer 27

B: Forgery in the second degree.

See, PL 170.10, Alters Codicil

Question 28

Roger utters a forged prescription for a pain reliever to a pharmacist at C.V.S. with the intent of deceiving the pharmacist into filling the prescription for Roger. Roger committed the offense of:

A: Forgery in the first degree.
B: Criminal Possession of a Forged Instrument in the second degree.
C: Grand Larceny in the third degree.
D: Criminal Simulation.

Answer 28

B: Criminal Possession of a Forged Instrument in the second degree.

Question 29

Roger commits a fraudulent insurance act and receives over one thousand dollars from his insurance company due to his fraudulent act. Roger committed the offense of:

A: Insurance Fraud in the fourth degree.
B: Insurance Fraud in the second degree.
C: Insurance fraud in the first degree.
D: Both A and B.

Answer 29

A: Insurance Fraud in the fourth degree.

Over $1,000.00

Question 30

Roger commits a fraudulent life settlement act and receives property in excess of twenty-five thousand dollars. Roger committed the offense of:

A: Insurance Fraud in the first degree.
B: Robbery in the second degree.
C: Life Settlement Fraud in the fourth degree.
D: Grand Larceny in the fourth degree.

Answer 30

C: Life Settlement Fraud in the fourth degree.

See PL 176.50 - over 25 thousand.