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Test 5 Flashcards

1
Q

“Fight-or-flight” reaction:

A
  • Adrenaline begins to pump through body
  • Body may relieve itself of excess materials, like ingested food
  • Physical senses, one or more, may become very acute while others “shut down”
  • Heart rate increases
  • Hyperventilation, sweating, etc.
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2
Q

The crisis reaction

A

The normal human response to TRAUMA follows a similar pattern called the crisis reaction. It occurs in all of us.

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3
Q

frozen fright.” AKA Physical Response

A

The physical response to TRAUMA is based on our animal instincts. It includes physical shock, disorientation, and numbness: “frozen fright.”

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4
Q

The mind’s response

A

The mind’s response parallels the physical response.

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5
Q

three responses to trauma of human mind

A
  • Stage one: Shock, Disbelief, and Denial
  • Stage two: Cataclysm of emotions
  • Stage three: Reconstruction of equilibrium
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6
Q

Three phases of victims crime

A
  • Impact
  • Recoil
  • Reorganization
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7
Q

CCP 56.04(C)

A

(c) Each local law enforcement agency shall designate one person to serve as the agency’s crime victim liaison. Each agency shall consult with the victim assistance coordinator in the office of the attorney representing the state to determine the most effective manner in which the crime victim liaison can perform the duties imposed on the crime victim liaison under this article.

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8
Q

Name

A

means the legal name of a person.

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9
Q

Pseudonym

A

means a set of initials or a fictitious name chosen by a victim to designate the victim in all public files and records concerning the offense, including police summary reports, press releases, and records of judicial proceedings.

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10
Q

Public servant

A

means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:

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11
Q

Victim

A

means a person who was the subject of an offense

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12
Q

Different Types of Abuse in Famv

A

Physical Abuse (pulling,shoving,hitting,spitting etc)

Sexual Abuse:(forced intercourse, not allowing birth control or wrapping resulting in unwanted pregnancy. Use of objects, forced sex with others or in inappropriate places or in front of kids)

Emotional Abuse: belittling in front of family, withholding affection, name calling, infidelity.

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13
Q

Different Barriers to Leaving Abusive Relationship

A
  • financial dependence on the abuser
  • lack of an available support system
  • the victim’s previous negative experience with the criminal legal system
  • fear due to increased threats by the abuser when victim tries to leave
  • loves the abuser but wants the violence to stop
  • children want to stay/return
  • victim believes that the children need both parents
  • immigrant victims face additional barriers of threats with the INS, distrust of law enforcement, language
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14
Q

PC 42.062 Interference with Emergency Request for Assistance

A
  • knowingly prevents or interferes with another’s ability to place an emergency call or to request assistance
  • an offense under this section is a class A misdemeanor EXCEPT if actor has been previously convicted of an offense under this section it is a State Jail Felony
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15
Q

PC 22.07 Terroristic Threat

A

(a)  A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(1)  cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
(2)  place any person in fear of imminent serious bodily injury;
(3)  prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;
(4)  cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;

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16
Q

PC 25.11 Continuous Violence Against the Family

A
  • 2 or more times
  • 12 months or less
  • commits Fam V
  • an offense under this section is a felony of the 3rd degree
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17
Q

PC 25.071 Violation of Protective Order Preventing Offense Caused by Bias or Prejudice

A
  • commits an offense if in violation of a protective order commits an offense of arson, criminal mischief etc. because of bias or prejudice
  • communicates in a threatening or harassing manner
  • goes to or near the residence or place of employment of a protected individual
  • an offense under this section is a Class A misdemeanor UNLESS the defendant has been previously convicted under this section TWO or more times, then it is a 3rd degree felony
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18
Q

CCP 14.03 Authority of Peace Officers

A
  • peace officer may arrest without warrant:
    • persons found in suspicious places and under which reasonably show persons have been guilty of some felony, disorderly conduct, breach of the peace, public intoxication, or threaten or are about to commit some offense against the laws
    • person who officer has probable cause to believe have committed an assault resulting in bodily injury to another person or if there is probable cause to believe there is danger of further bodily injury
    • persons who officer has probable cause to believe have committed an offense violating a protective order, if offense is not committed in the presence of the officer
    • for family violence
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19
Q

FC 71.0021 Dating Violence

A
  • means an act, other than a defensive measure to protect oneself, that is committed against a victim with whom the actor has or has had a dating relationship
  • intended to result in BI, sexual assault or a threat that reasonably places the victim in fear of such
  • a dating relationship means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature
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20
Q

FC 71.003 Family

A
  • includes individuals related by consanguinity or affinity
  • consanguinity means related by blood
  • affinity means related by marriage
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21
Q

Common characteristics of family Violence offenders

A
  • Majority is male on female
  • Usually jealousy, low self esteem, grew up in that environment, thinks he is the man of the house, blames others for actions and never takes responsibility for his actions, acts differently at home than in public
  • Unable to deal with stress, uses sex aggressively to maintain power and control, doesnt think his behavior should have consequences, isolated (loner) mood swings, uses violence to get what he wants
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22
Q

Family Code 82.003 Venue

A

An application may be filed in:

(1)  the county in which the applicant resides;
(2)  the county in which the respondent resides;  or
(3)  any county in which the family violence is alleged to have occurred.

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23
Q

85.025. Duration of Protective Order

A
  • for the period stated in the order not to exceed 2 years OR if a period is not stated then until the second anniversary of the date the order was issued
  • if the respondent is confined or imprisoned the period for which the order is effective is extended and the order expires on
    • the first anniversary of the date the respondent is released if the respondent was confined for more than 5 years; OR
    • the second anniversary of the date the respondent is released if the respondent was confined for 5 years or less
24
Q

Different Types of Protective Orders

A
  • Emergency Protective Order (EPO)
  • Ex-parte Protective order
  • Two year Protective order
  • Life time/Foreign Protective Order
25
Q

Different Ways to respond to Fam V

A

Approach the scene with caution:
• At least 2 officers should respond if possible
• Obtain all relevant information from the dispatcher before arriving at the scene
• Notify the dispatcher upon arrival
• Avoid the use of sirens and lights unless it is apparent that the victim is in imminent danger of serious bodily injury
• Position vehicle safely - not directly in front of residence
• Be alert for assailants leaving the scene
• Listen carefully and approach cautiously

Entering the residence:
• Any resident consents to the entry
• “Exigent circumstances” require that the officer enter without consent
• Exigent means “requiring immediate action” In some instances the 911 call itself may support a determination of exigent circumstances or include an invitation to enter without force.

Dealing with the incident:
• Diffuse the violence
• Be neutral…do not take sides
• Do not blame the victim or make comments that could indicate fault on the victim’s part (for example, avoid questions such as “what did you do to make him/her angry?”)
• Locate and interview the complaining party
• Locate and interview the involved parties
• Locate an interpreter if necessary
o Contact the local family violence program if special assistance is needed
o Never ask a bi-lingual suspect to interpret for a non-English speaking victim, and avoid using children as interpreters unless absolutely necessary
• Locate witnesses and interview
• Determine if any weapons were involved or are in the residence and secure them if necessary
• Observe and listen when responding to family violence situations
o 80% of crisis situations can be diffused through listening
o Always ask any children what happened out of sight and hearing of the adults…and document their response
• Inform all parties what action is to be taken. If arresting, advise victim of intention. Explain that arrest is taking place because the law has been broken
• Take photos of the victims, suspects, children and the scene as appropriate
• Apply report-writing techniques for documenting domestic violence incidents
• Document everything! Even if the victim is unavailable for trial, your report could result in a good case and a conviction if it is accurate and thorough
• You only get one chance at fresh crime scene evidence!
• If the family violence is present or alleged,
o Officers are required to make a written report CCP5.05
o Family Violence Report form: UCR-10
o Notice to adult Victims of Family Violence (English and Spanish) (CCP 5.03, 5.04, 5.05)

26
Q

temporary ex parte orders

A

Requests for an ex-parte order (Clear and Present Danger-Possible, future violence resulting in an assault, Detailed Description of Facts and Circumstances-Police Report/history) offender is unaware of protective order so there is a 20 day period and it cannot exceed 20 days. But may add 20 additional days while looking to serve offender. Must refrain from Committing acts of family violence;
• Communicating in a threatening or harassing manner
• Going within 200 yards:
• Residence
• business or place of employment
• school
• child care facilities

27
Q

Different Factors that influence youth encounters with police

A
  • need for independence
  • rebellion against authority
  • peer pressure
28
Q

FC 51.03 Delinquent Conduct

A

-conduct, other than a traffic offense, that violates a penal law of this state or the United States punishable by imprisonment or by confinement in jail

29
Q

FC 52.015 Directive to Apprehend

A

-warrant for juveniles

30
Q

FC 52.025 Designation of Juvenile Processing office

A

juvenile board may designate an office or a room which may be located in a police facility or sheriff’s office, as the juvenile processing office for the temporary detention of a child taken into custody

  • may be detained in a juvenile processing office ONLY for:
    1. Return of the child to the custody of a person
    2. completion of essential forms and records required by the juvenile court or this title
    3. photographing and fingerprinting
    4. issuance of warnings to the child as required or permitted by this title
    5. . the receipt of a statement by the child
  • a child may not be left unattended in a juvenile processing office and is entitled to being accompanied by their parent, guardian, or custodian, or by the child’s attorney
  • A CHILD MAY NOT BE DETAINED IN A JUVENILE PROCESSING OFFICE FOR LONGER THAN 6 HOURS
31
Q

Who is required to report abuse of a child?

A

Parents, doctors teachers, professionals

32
Q

PC Chapter 71: Definition of Criminal Street Gangs

A

Criminal Street Gang” means 3 or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities

33
Q

FC 51.12 Place and Conditions of Detention

A
  • a child may be detained only in a:
    1. juvenile processing office
    2. place of nonsecure custody in compliance with article 45.058 CCP
    3. certified juvenile detention facility
    4. secure detention facility
    5. county jail
    6. nonsecure correctional facility
34
Q

CCP 45.059 Children Taken into Custody for Violation of Juvenile Curfew or Order

A
  • a peace officer taking into custody a person younger than 17 years of age for violation of a juvenile curfew ordinance of a municipality shall w/o unnecessary delay:
    1. release the person to the person’s parent, guardian, or custodian
    2. take the person before a justice or a municipal court to answer the charge
    3. take the person to a place designated as a juvenile curfew processing office by head of the law enforcement agency having custody of the person
35
Q

Child

A

Under 18

36
Q

Custodian”

A

means the adult with whom the child resides.

37
Q

Guardian”

A

means the person who, under court order, is the guardian of the person of the child or the public or private agency with whom the child has been placed by a court.

38
Q

Judge” or “juvenile court judge”

A

means the judge of a juvenile court.

39
Q

Juvenile court”

A

means a court designated under Section 51.04 of this code to exercise jurisdiction over proceedings under this title.

40
Q

Law-enforcement officer”

A

means a peace officer as defined by Article 2.12, Code of Criminal Procedure .

41
Q

Nonoffender

A

is subject to jurisdiction of a court under abuse, dependency, or neglect statutes under Title 5   2 for reasons other than legally prohibited conduct of the child;  or
 has been taken into custody and is being held solely for deportation out of the United States.

42
Q

Parent”

A

means the mother or the father of a child, but does not include a parent whose parental rights have been terminated.

43
Q

Party”

A

means the state, a child who is the subject of proceedings under this subtitle, or the child’s parent, spouse, guardian, or guardian ad litem.

44
Q

Prosecuting attorney”

A

means the county attorney, district attorney, or other attorney who regularly serves in a prosecutory capacity in a juvenile court.

45
Q

Referral to juvenile court”

A

means the referral of a child or a child’s case to the office or official, including an intake officer or probation officer, designated by the juvenile board to process children within the juvenile justice system.

46
Q

Secure correctional facility”

A

means any public or private residential facility, including an alcohol or other drug treatment facility, that: includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility

47
Q

Secure detention facility”

A

means any public or private residential facility that:
(A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility;  

48
Q

Status offender”

A

means a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult, including:

49
Q

Traffic offense

A

a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state

50
Q

Valid court order”

A

means a court order entered under Section 54.04 concerning a child adjudicated to have engaged in conduct indicating a need for supervision as a status offender.

51
Q

Emergency Protective Order (EPO)

A

(31– 61 without weapon)(61 - 91 with weapon) days ARRESTS involving Family Violence – Offenses involving Serious Bodily Injury and Deadly Weapons. Who can Request an EPO (Victim (scared for future violence), Guardian (Dating Violence), peace officer (Visible conduct), prosecutor (one was not requested for them), magistrate (looks at report and sees that you have enough evidence to request one) offender will get copy of protective order must refrain from Committing acts of family violence;
• Communicating in a threatening or harassing manner
• Going within 200 yards:
• Residence
• business or place of employment
• school
• child care facilities

52
Q

Ex-parte Protective Order

A

Requests for an ex-parte order (Clear and Present Danger-Possible, future violence resulting in an assault, Detailed Description of Facts and Circumstances-Police Report/history) offender is unaware of protective order so there is a 20 day period and it cannot exceed 20 days. But may add 20 additional days while looking to serve offender. Must refrain from Committing acts of family violence;
• Communicating in a threatening or harassing manner
• Going within 200 yards:
• Residence
• business or place of employment
• school
• child care facilities

53
Q

Two year Protective Order “Final protective order”,

A

Requirements: Family Violence has occurred, or Family Violence is likely to occur in future, Valid for the period stated in the order, not to exceed two years; OR Automatic Extension – One year after person is released from confinement/imprisonment. Must Committing acts of family violence;
• Communicating in a threatening or harassing manner
• Going within 200 yards:
• Residence
• business or place of employment
• school
• child care facilities

54
Q

Life time/Foreign Protective Orders

A
  • for the period stated in the order;
  • two years if time period is not stated in order
  • duration of lives of offender and victim – only if reasonable grounds to believe the victim is the subject of a threat that reasonably places the victim in fear of further harm from the alleged offender;
  • automatic extension – one year after person is released from confinement/imprisonment

Requirement – “Probable cause to believe”:
• a valid foreign protective order exists; AND
• the order has been violated.

 Elements of Offense
• Knowingly or Intentionally”
• Commits “Family Violence”
• Communicates in Threatening or Harassing Manner
• Goes” to or near – The 200 Yard Restriction
• Possesses a Firearm

55
Q

2 Things officer should do

A

Every officer should do these 2 things. (If a judge says you cannot go to school on Thursday but every other day, then you aren’t breaking the law but you are in contempt if you go to school on Thursday so you will write a report on them and cannot make an arrest)
• Look at court order
• Look at penal Code

56
Q

On a protective order who is called what?

A

On Protective order the offender/defendant is called a respondent, and the victim is called protected party

57
Q

5 copies of orders go to who

A

5 copies of protective order and they are given to (victim, offender, records, municipal court, logged at station)

Test 5 (1 decks)

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