test 4 Flashcards
simple assult
specific intent, to another person, must have an ability to commit the act, must have a overt
what is an overt?
A real threat to the words, like a movement or threat within distance.
aggravated assault
causes serious injury or disfigurement but less than death
Felonious assult
felony, intent to harm with a weapon
problems with assults
- lack of evidence
- who do you believe (behond a reasonable doubt)
- prove intent
domestic assaults
(simple assault rules apply) relationship, living or have lived together, married or have been, child in common. can charge with out without the consent of the victim
What are consistant things seen in domestic assaults?
- history of family violence
- gun ownership by the abuser
- unemployment of abuser
- estrangement- victim keeps coming back
- prior domestic violence
Stalking
intentionally or repeatedly following, contacting, intimate, or harassing someone
3 type of stalking
- intimate (relation)
- Stanger
- Cyber- internet-digital
PPO- Personal Protection order
complaint filed by the victim issued by a judge, civil charge which follows over state and county lines
what are some problems with PPO’s?
- a station can release them if they are arrested in a different county, if the issued county cannot come to receive them.
- victims sometimes violate their own orders
- hard to enforce across county lines
Child molestation
Sex offense- lude acts, indecent exposure involving anyone under 16
when can someone give consent?
16 or older
incest
family members which includes adopted children
indecent exposure
reveling ones genital’s to another person to an extent as to shop the others decency.
rape/sexual assault
sexual entercorse against a persons will, by use of force, use of weapon, or to such a degree that the person cannot give consent
what are some reasons victims do not report an assault?
- they feel they will receive blame
- fear of the offender
- believe police wont or cant help
- fear of embarrassment and/or stigma
- the crime is a personal issue
Sane Nurse
Sexual assault nurse examiner- someone who receives 40 hours of class instruction and 40 hours of clinical training each year- they cover evidence collection, injury detection, ways to ask questions (interview techniques, and how to avoid retraumatizing the victim.
what are come challenges to investigations of assaults
- social attitude’s involving the act
- victim embarrassment
- not reporting right away
- victim feels urge to shower immediately
- lack of evidence
evidence to collect in an assault case
- what they wore
- sheets (if on bed)
- any torn clothing
- condoms or wrappers
- scratches, bruises, cuts
- if something looks out of place (ex, a tampon in a mans bathroom trash)
- any stains or fluids
- photograph the scene
what to look for in outside scenes
- disturbed vegetation
- soil samples
- vegetation samples
what to collect in a vehicle scene
- vacuum seat for fibers and hairs
- Vacuum floorboards for soil
- take seat if needed
what is the issue with prosecutors in assault cases?
- virtually impossible to obtain conviction on victims testamony alone
- jurries tend to be unsympathetic with a victim who was drinking heavily, someone who was hitchhiking, using drugs, or engaged in socially unacceptable behavior
the testimony about victims previous sexual conduct cannot be admissible unless
the victim has sexual relations with the offender, there is evidence of disease or pregnancy resulting from the assault, victim hasn’t told the truth, or has filed a fake police report.
what are factors that strengthen the case?
- medical evidence
- physical evidence
- victim reported crime close to the time of the assault
1/4th of violent crime victims are…
Juvenile and most are female
1/3 under the age of 12
4 types of abuse
- neglect
- physical abuse
- emotional abuse
- sexual abuse
what are some physical abuse indications?
frequent hunger, poor hygiene, inappropriate clothes, constant lack of supervision, lack of medical needs, bruises, burns, fractures, lacerations, warry of adults, extreme aggression or withdrawal, afraid to go home
what are some emotional abuse indications?
speech disorders, lag in physical development, conduct disorders, lack or over sleeping
what are some sexual abuse indications?
difficulty urinating or irritation, bruising or tearing around genitals, unwillingness to change clothes for gym, bizarre sexual behavior, sexual sophistication beyond age, running away, jealousy or overprotectiveness of the child
