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2C > Test 3 - DV, Offenses Against Property, Arson, Burglary, Theft, & Forgery > Flashcards

Test 3 - DV, Offenses Against Property, Arson, Burglary, Theft, & Forgery Flashcards

1
Q

What’s the main difference between aggravated arson and arson?

A

I aggravated arson, the person is knowingly or purposely engaging in unlawful conduct and in arson the person is recklessly doing it

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2
Q

If you see a dangerous fire and fail to report it, with what can you be charged?

A

Failure to control/report a dangerous fire

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3
Q

Sam offers Joe benefits to start a fire and it’s made known to police. They can both be charged with?

A

Arson for hire

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4
Q

Sam breaks Joe’s bike…what’s the charge?

A

Criminal mischief

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5
Q

Sam burns down Joe’s car…what are the relevant charges?

A

Criminal mischief and Arson (a car is considered a structure in NJ thereby making arson an appropriate charge)

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6
Q

Forcibly breaking into a structure WITH THE INTENT to commit ANY offense..

A

Burglary

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7
Q

A homeless person goes into walmart, waits for it to close, and then sleeps there overnight..what’s the charge?

A

Criminal Trespass

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8
Q

Sam’s in a club, gets into an argument, and is directed to leave by the owner, but Sam refuses to, what’s the charge?

A

Defiant Trespass

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9
Q

Sam is walking down the street and sees a fence he wants to hop over which would put him in private property of another person, and he sees a sign that says no trespassing before doing so, what’s the charge?

A

Defiant Trespass

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10
Q

Sam removes but does not damage a “Stop” sign from the road, so he can’t be charged with anything.

A

False, Sam needs to remove OR damage a sign for it to be a crime

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11
Q

Sam decided to remove the VIN # on his car…is this a crime?

A

Yes, removal of MV VIN is a crime

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12
Q

Sam is curious about what’s going on in his neighbor’s house so he looks through his neighbor’s window.

A

Peering

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13
Q

Sam got a copy of Joe’s sex tape and threatens to upload it onto YouTube if Joe doesn’t pay him. What’s the charge?

A

Theft by Extortion

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14
Q

Sam orders Grey Goose and is unaware that he’s being served Sky Vodka, instead. What is/are the appropriate charge(s)?

A

Theft by Deception and Deceptive Business Practices

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15
Q

Sam finds $20 on the floor in a parking lot and doesn’t know whose it is…what’s the charge?

A

There is no charge because Sam must know who the rightful owner is

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16
Q

Sam finds $20 and knows who the rightful owner is…what’s the charge?

A

Theft of Property Lost, Mislaid, or Delivered by Mistake

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17
Q

Possession of altered property is known as?

A

Fencing

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18
Q

Sam moves into a new house, calls up PSE&G to set up an account to pay his gas, but he never receives a bill. Sam also didn’t follow up after this. Can he be charged with anything?

A

No, Sam made the effort to pay but the error was not on his part; it wasn’t purposeful. It is the company’s fault.

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19
Q

Sam goes to a dine with Joe and they agree to leave the diner without paying. What’s the charge?

A

Theft of Services and Conspiracy

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20
Q

What are the 3 offenses that DO NOT have to be committed in an officer’s presence (but still need probable cause) and may still warrant an arrest?

A

Shoplifting, DV, Theft of Library Materials

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21
Q

Sam is very sick so he gives Joe $100 for a co-pay for his medication at CVS, but Joe decides to use those $100 to go on a date. Is there a charge even if Sam willingly gave Joe the money?

A

Yes, Failure to Make Required Disposition (aka embezzlement)…Although Sam agreed to give the money, it was meant to be used on something else

22
Q

What is the formal name for “joyriding”

A

Unlawful Taking of Means of Conveyance

23
Q

Taking without paying; concealing with intention of not paying; removing/altering price tags; changing containers; under-ringing items…these are criteria for what charge?

A

Shoplifting

24
Q

Altering any writing of another without authorization OR utters any writing which he knows to be forged; OR makes, completes, executes, issues, or transfers any writing so that it purports to be the act of another who did not authorize

A

Forgery

25
Q

Sam obtains a Giants jersey and forges a signature onto the jersey to make its value be higher than it really is. What are the crimes?

A

Forgery and Criminal Simulation

26
Q

Sam tries to sell a jersey (not signed) at a higher price by falsely claiming that the jersey was once used by the player but the player gave it to Sam, so now Sam wants to sell it…is there an appropriate charge?

A

Criminal Simulation

27
Q

Sam steal Joe’s credit card and uses it. What are the charges?

A

Credit Card Theft and Fraudulent Use of Credit Card.

28
Q

Sam pretends to be a lawyer and charges his clients a reduced $50 initial consultation fee. What are the charges?

A

Unlawful Practice of Law, Theft by Deception, Deceptive Business Practice

29
Q

What is the primary goal of DV?

A

To protect the victim

30
Q

DV =

A

Act of DV + DV Defendant + DV Victim

31
Q

Two parts to DV are

A

Criminal act and Civil remedy

32
Q

A DV defendent must be what?

A

18 years or older OR emancipated juvenile

33
Q

If Sam and Joe are brothers, aged 18 and 21, and there is a physical altercation between them, is this DV? Why?

A

Yes, because they live together and are both at or over 18 years of age.

34
Q

If Sam is 17 and is hit by his father, who’s 35, is this DV?

A

No, because both parties have to be 18. However, other charges would apply, such as child abuse and neglect.

35
Q

Sam, who’s 17, hits his girlfriend Leah, who’s 19 of 2 years. Is this DV?

A

No, because the defendant is not 18.

36
Q

Sam is 17 and emancipated. He hits his 20 year old girlfriend. Is this DV?

A

Yes, because although Sam (the defendant) is not 18, he is emancipated.

37
Q

Sam is now 25 and has moved out of his house and into his own apartment. He meets with his father to play golf and they get into a physical altercation. Is this DV?

A

Yes, because they’re both over 18 and were members of the same household at one point.

38
Q

What is the minimum thing we, as officers, can offer a DV victim?

A

Temporary Restraining Order (TRO)

39
Q

How can one apply for a TRO? 3 Ways:

A

Police responding to DV incident, Victim going to Family Court, Victim going to Police Headquarters

40
Q

How many parties are needed to granted a TRO?

A

One party (ex parte)

41
Q

Within how many days of a TRO is an FRO granted (or not)

A

10 days

42
Q

If an FRO is not granted, does a TRO expire?

A

No, it can last years…in NJ it doesn’t expire

43
Q

Before a FRO is granted, do both parties get the chance to give their say?

A

Yes, there’s a hearing where they give their side and the final decision is made

44
Q

Sam has been served a FRO by his gf Leah. Sam goes to dinner with his new gf and Leah shows up and is seated at the table next to Sam. Does Sam have to leave?

A

Yes, the FRO is against him so he has to be the one to leave. If not it’s a violation.

45
Q

Leah, who has a FRO on Sam, invites SAM over for dinner to try to talk things over. Sam goes and they get into an argument. Did Sam violate the FRO even though he was invited by Leah?

A

Yes.

46
Q

What are the 3 factors warranting a mandatory arrest in a DV case?

A

1) sign of injury 2) Warrant is in effect 3) Contempt

47
Q

If there is probable cause for a weapon being used in a DV incident, does the officer seize the weapon?

A

Yes, and all other items reasonably believed to be weapons

48
Q

Who does the PO arrest when both parties appear injured

A

Investigate and identify the witness before making an arrest - always want to protect the victim

49
Q

When arresting for contempt the officer MUST

A

Check the DV Central Registry to verify the restraining order

50
Q

If it’s a mandatory arrest situation…

A

File a complaint for the charges

51
Q

The PO must give the DV victim written notice of the rights they have and remedies available to them

A

True

2C (11 decks)

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