Ch.7 Criminal Investigation flashcards |

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  • assault (Definition)

    involves verbal threats without physical contact.

    To establish
    probable cause for ASSAULT, document that the suspect:

    โ€ข intentionally and unlawfully threatened, by either word or act, to do violence to
    a victim,
    โ€ข appeared to have the ability to carry out the threat at the time, and
    โ€ข created in the mind of the victim a well-founded fear that violence was about to
    take place.

    To establish probable cause for AGGRAVATED ASSAULT, document that the suspect:

    โ€ข intentionally and unlawfully threatened, by either word or act, to do violence to
    a victim,
    โ€ข must appear to have the ability to carry out the threat at the time,
    โ€ข created in the mind of the victim a well-founded fear that violence was about to
    take place, and
    โ€ข made a fully formed, conscious intent to commit violence to a victim using a
    deadly weapon.

    Assault is

    verbal

    battery moves violence into the realm of physical contact, which is:

    more dangerous to the victim. Both can lead to physical injuries, as the assault can
    escalate into a battery.

    To establish probable cause for BATTERY

    document that the suspect intentionally touched
    or struck the victim against his or her will, or the suspect intentionally caused bodily
    harm to the victim.

    To establish probable cause for AGGRAVATED BATTERY

    document that the suspect intentionally touched or struck
    the victim against his or her will, or the suspect intentionally caused bodily harm to the victim.In addition, document that while committing the battery, the suspect intentionally or knowingly caused great
    bodily harm, permanent disability, permanent disfigurement, or used a deadly weapon.

    deadly weapon

    (A weapon) if the suspect uses or threatens to use it in a way likely to cause death or great bodily harm.

    If the victim was pregnant at the time of the battery and the suspect knew or should have known the victim
    was pregnant:

    this upgrades the battery charge to AGGRAVATED BATTERY

    To establish probable cause for FELONY BATTERY

    document that the suspect actually and intentionally touched
    or struck the victim against his or her will and that the suspect caused the victim great bodily harm, permanent
    disability, or permanent disfigurement.

    If the victim of the assault, aggravated assault, battery or aggravated battery is 65 years of age or older,

    degree of the offense will change.

    The assault, aggravated assault, battery, or aggravated battery of an OFFICER, FIREFIGHTER, or EMS provider requires
    you to document three other elements:

    โ€ข The victim was at the time of the assault a law enforcement officer, firefighter, EMS provider, traffic
    accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist,
    security officer employed by the board of trustees of a community college, or federal law enforcement
    officer.
    โ€ข The victim was engaged in the lawful performance of his or her duties at the time of the assault.
    โ€ข The suspect knew the victim was one of the workers listed above at the time of the assault.

    The battery of a CORRECTIONAL FACILITY EMPLOYEE requires you to document an additional five elements:

    โ€ข The suspect was in a correctional facility, in custody.
    โ€ข The suspect intentionally touched, struck, or attempted to touch or strike the victim against his or her
    will by throwing, tossing, or expelling blood, saliva, chewed food, seminal fluid, urine, or feces
    at the victim.
    โ€ข The suspect intended to harass, annoy, threaten, or alarm the victim.
    โ€ข The victim was a correctional facility employee.
    โ€ข The suspect knew the victim or had reason to know the victim was a facility employee.

    If probable cause exists;

    make a warrantless arrest for battery.

    Even when the battery is not committed in your
    presence,

    you have the authority to arrest a suspect for a battery.

    victim's rights packet explains options for

    problem resolution or a possible course of action. These packets will vary from agency
    to agency and by Florida Statutes, but it is REQUIRED that all victims receive one.

    Stalking

    involves unwanted and repeated attention by the suspect towards the victim,
    family members, or individuals closely associated with the victim. It occurs across all
    socioeconomic and cultural barriers.

    a victim-reported crime.

    Stalking

    Stalking is a crime of power

    and control and can easily escalate
    into aggravated stalking as the suspect progresses to more possessive and controlling
    behavior.

    Many times stalking events do not come to the attention of law enforcement
    until the situation has

    progressed to another crime such as sexual battery, aggravated
    assault, or murder.

    When establishing probable cause for stalking,

    document whether the suspect willfully, maliciously, and
    repeatedly followed, harassed, or cyber-stalked the victim.

    Harassment

    is any behavior that targets a specific person and causes that person
    substantial emotional distress, and serves NO LEGITIMATE PURPOSE

    Cyber-stalking

    is harassment communicated through words or images by using email or other electronic
    forms of communication.

    Aggravated stalking

    occurs if an injunction is in place, the victim was under the age of 16 when the crime occurred, and/or if there are court-ordered restrictions.

    injunction

    is a court order, which requires a person to do or avoid doing specific acts.

    To establish probable cause for AGGRAVATED STALKING

    document that the suspect willfully,
    maliciously, and repeatedly, followed, harassed, or cyber-stalked the victim, and the
    suspect made a credible threat with the intent to place the victim in reasonable fear of
    death or bodily injury.

    Credible threat

    is a threat made with the intent to cause the person, who is the target
    of the threat, to fear for his or her safety, the safety of family members, or that of the
    individuals closely associated with the victim. The threat must be to cause bodily injury
    to or END THE LIFE OF A PERSON

    Some of the most sensitive and disturbing crimes include

    child abuse, child
    neglect, child abandonment, and the sexual battery of a child.

    Abuse

    is any willful act or threatened act that results in any physical,
    mental, or sexual injury or harm that causes or is likely to cause the child's physical,
    mental, or emotional health to be significantly impaired. Abuse of a child includes acts
    or omissions.

    reasonable corporal discipline

    When it does not cause harm to the child, by a parent or legal custodian for disciplinary purposes is not abuse.

    Harm can be any of the following:

    โ€ข sprain, dislocation, or cartilage damage, bone or skull fracture, brain or spinal
    cord damage, intracranial hemorrhage, or injury to another internal organ
    โ€ข asphyxiation, suffocation, or drowning
    โ€ข injury resulting from the use of a deadly weapon
    โ€ข burns or scalding, cuts, lacerations, punctures, or bites
    โ€ข permanent or temporary disfigurement, permanent or temporary loss or
    impairment of a body part or function

    To establish probable cause for CHILD ABUSE, document that the victim was less than 18
    years of age and the suspect knowingly or willfully:

    โ€ข inflicted physical or mental injury upon the child victim
    โ€ข committed an intentional act that could reasonably be expected to result in
    physical or mental injury to the child victim
    โ€ข actively encouraged another person to commit an act that resulted in or could
    reasonably have been expected to result in physical or mental injury upon the
    child victim

    Physical injury

    is death, permanent or temporary disfigurement, or impairment of any
    body part.

    Mental injury

    is an injury to the intellectual or psychological capacity of
    a child as evidenced by a discernible and substantial impairment in the ability to
    function within the normal range of performance and behavior.

    Legal custody is:

    โ€ข a legal status created by a court, which appoints a person a custodian or guardian,
    whether an agency or an individual (for example, the Department of Children
    and Families may have custody, or a member of the child's extended family may
    be awarded custody)
    โ€ข the right to have physical custody of the child and the right and duty to protect,
    nurture, guide, and discipline the child
    โ€ข the right to provide the child with food, shelter, education, and ordinary medical,
    dental, psychiatric, and psychological care

    to establish probable cause for AGGRAVATED CHILD ABUSE document that the victim was less than 18 years of age and the suspect did any of the
    following acts:

    โ€ข committed aggravated battery upon the victim
    โ€ข willfully tortured the victim
    โ€ข maliciously punished the victim
    โ€ข willfully and unlawfully caged the victim
    โ€ข knowingly or willfully committed child abuse upon the victim and in so doing
    caused great bodily harm, permanent disability, or permanent disfigurement, or
    uses a deadly weapon

    "Willfully" .

    is knowingly, intentionally, and purposefully

    "Maliciously" is:

    โ€ข wrongful, intentional, and without legal justification or excuse;
    โ€ข established by circumstances from which one could conclude that a reasonable
    parent would not have engaged in the damaging acts toward the child for any
    valid reason; and
    โ€ข when the primary purpose of the acts was to cause the victim unjustifiable pain
    or injury

    Document that the victim was less than 18 years of age to establish

    probable cause for child neglect
    WITHOUT bodily harm.
    The suspect was a caregiver for the victim and willfully, or by
    culpable negligence, failed or omitted to provide the victim with the care, supervision,
    and services necessary to maintain the victim's physical or mental health, or failed to
    make a reasonable effort to protect the victim from abuse, neglect, or exploitation by
    another person.

    Child neglect

    occurs when a caregiver deprives a child of, or allows the deprivation of,
    necessary food, clothing, shelter, or medical treatment, or allows the child to live in an
    environment when such deprivation or environment causes the child's physical, mental,
    or emotional health to be significantly impaired or to be in danger of being significantly
    impaired.

    Caregiver

    is a parent, adult household member, or other person responsible for a child's welfare.

    Culpable negligence

    is recklessly acting without reasonable
    caution and putting another person at risk of injury or death (or failing to do something
    with the same consequences).

    Culpable negligence is more than

    a failure to use ordinary
    care for others; it is gross and flagrant negligence, committed with an utter disregard for
    the safety of others

    Culpable negligence is consciously doing an act or following a course of conduct the suspect must have known,

    or reasonably should have known, was likely
    to cause death or great bodily harm.

    Establish probable cause for child neglect with bodily harm by documenting that

    the
    victim was less than 18 years of age, the suspect was a caregiver for the victim, and the
    suspect caused great bodily harm, permanent disability, and/or permanent disfigurement
    to the victim because the suspect either:
    โ€ข willfully or by culpable negligence failed or omitted to provide the victim with
    the care, supervision, and services necessary to maintain the victim's physical or
    mental health or
    โ€ข failed to make a reasonable effort to protect the victim from abuse, neglect, or
    exploitation by another person.

    To establish probable cause for leaving a child unattended or unsupervised in a motor vehicle, document that
    the victim was LESS THAN SIX YEARS of age and that the suspect was:

    โ€ข a parent of, legal guardian for, or person responsible for the victim,
    โ€ข left the victim unattended or unsupervised in a motor vehicle for more than 15 MINUTES or while the
    motor was running and the health of the victim was in danger, and
    โ€ข caused great bodily harm, a permanent disability, and/or permanent disfigurement to the victim.

    Signs of Child Abuse or Neglect
    Child abuse or neglect may include the following:

    โ€ข inflicting or allowing physical, mental, or emotional injury
    โ€ข committing or allowing sexual battery, or lewd or lascivious acts
    โ€ข allowing, encouraging, or forcing the sexual exploitation of a child
    โ€ข abandoning a child
    โ€ข exposing a child to an illegal controlled substance
    โ€ข using mechanical devices, unreasonable restraint, or extended periods of isolation to control a child
    โ€ข engaging in violent behavior that demonstrates a wanton disregard for the presence of a child and could
    reasonably result in serious injury to the child
    โ€ข negligently failing to protect a child from inflicted physical, mental, or sexual injury caused by acts
    of another
    โ€ข allowing a child's sibling to die because of abuse or neglect

    Behaviors that may indicate child abuse include the following:

    โ€ข fears remaining at home, or returning to the home
    โ€ข wary of adult contact
    โ€ข startles easily
    โ€ข appears overly affectionate (inappropriate) or withdrawn
    โ€ข acts violently or aggressively
    โ€ข cries uncontrollably
    โ€ข exhibits inappropriate sexual behavior

    Certain parental behaviors can indicate an environment of abuse, such as

    a very tense atmosphere in the home,
    unreasonable discipline, unrealistic expectations, and impulsive and inconsistent behaviors.

    child neglect can be as harmful as

    child abuse.

    Signs of neglect in the home can

    be the absence of necessities
    such as food, water, and heat. Victims can have bedsores, skin disorders, rashes, untreated injuries, or medical
    problems.The child may exhibit poor personal hygiene, including soiled clothing, matted or lice-infested hair,
    odors, dirty nails or skin, and the presence of feces.

    If the child's size is inconsistent with his or her age, this may be a sign of

    malnutrition and hunger.

    Fragile skin, dry, sore mouth, apathy, lack of energy, and mental confusion can indicate

    dehydration

    A pale complexion and sunken eyes or cheeks can indicate

    dehydration and malnutrition

    Infants can have a bald spot on the back of their heads that indicates

    neglect

    Hazards in the home can include

    exposed wires and roach infestation.

    There may be signs of mismanaging
    medication such as

    empty, unmarked, and outdated prescription bottles.

    A parent does not commit child abandonment or neglect, or contribute to a child's dependency, if he or she

    leaves a newborn infant at a hospital, EMS station, fire station, or brings a newborn infant to an emergency
    room and expresses intent to leave the infant and not return.

    newborn infant

    is a child whom a licensed physician reasonably believes to be approximately seven (7) days old or younger.
    *Unless there is actual or suspected child abuse or neglect, a parent has the right to remain anonymous when surrendering an
    infant. You may not pursue or follow a parent that surrenders his or her newborn infant.

    Abandonment

    is a situation in which the parent or legal custodian of a child or, in the absence of a parent
    or legal custodian, the caregiver, while being able, has made no significant contribution to the child's care and
    maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both.

    elements of contributing to the delinquency or dependency of a child

    Examples include an adult keeping a child home from school, committing a crime in the
    presence of a child, or serving alcoholic beverages to a child.

    Establish probable cause for contributing to a child
    becoming a delinquent or dependent child, or a child in need of services by documenting that

    the suspect
    knowingly commits any acts that cause, tend to cause, encourage, or contribute to a child becoming a
    delinquent or dependent child or a child in need of services.

    To establish probable cause for contributing to child dependency by a person 21 years or older impregnating
    a child less than 16 years of age,

    document that at the time, the victim was less than 16 years of age, and the
    suspect was 21 years of age or older and impregnated the victim. Even if the victim consented or had a sexual
    history, such an interaction is still illegal.

    To establish probable cause for arresting a person for the use of a child in a sexual performance,

    document that the victim was less than 18 years of age at the time that the suspect employed, authorized, or induced the
    victim to engage in a sexual performance, and knew the character and content of the performance.

    Sexual performance

    is any performance or part of the performance, which includes sexual conduct by a child
    less than 18 years of age.

    Performance

    is any play, motion picture, photograph, or dance or any other visual
    representation exhibited before an audience or just one person.

    Sexual conduct

    is any of the following:
    โ€ข actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or
    sadomasochistic abuse
    โ€ข actual lewd exhibition of the genitals
    โ€ข actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such
    person is a female, breast, with the intent to arouse or gratify the sexual desire of either party
    โ€ข any act or conduct that constitutes sexual battery or simulates that sexual battery is being or will
    be committed

    A mother's breastfeeding of her baby does not constitute, under any circumstance,

    as sexual conduct.

    Deviate sexual intercourse

    is sexual conduct between people not married to each other consisting of contact between
    the penis and the anus, the mouth and the penis, or the mouth and the vulva.

    Sadomasochistic abuse

    is flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically
    restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such
    harm oneself.

    Sexual battery

    is oral, anal, or vaginal penetration by, or union with, the sexual organ of another
    or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an
    act done for a bona fide medical purpose.

    Sexual bestiality

    is any sexual act between a person and an animal
    involving the sex organ of the one and the mouth, anus, or vagina of the other.

    Simulated

    is the explicit depiction of sexual conduct, which creates the appearance of such conduct, and exhibits any uncovered portion
    of the breasts, genitals, or buttocks.

    To establish probable cause for using a child in a sexual performance with the consent of a parent, legal
    guardian, or custodian,

    document that at the time, the victim was less than 18 years of age. The suspect was
    the parent, legal guardian, or custodian of the victim, employed, authorized, and/or induced the victim to
    engage in a sexual performance, and knew the character and content of the performance.

    To establish probable cause for promoting a sexual performance by a child,

    document that the performance
    included sexual conduct by a child less than 18 years of age, and the suspect produced, directed, and/or
    promoted a performance and knew the character and content of the performance.

    Promote

    means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute,
    publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do the same.

    To establish probable cause for possession of material including sexual conduct by a child less than 18 years
    of age,

    document the photograph, motion picture, exhibition, show, representation, and/or presentation
    included, in whole or in part. Also, document that the suspect knowingly possessed a photograph, motion
    picture, exhibition, show, representation, and/or presentation, and knew the photograph, motion picture,
    exhibition, show, representation, and/or presentation included sexual conduct by a child less than 18 years
    of age.

    To establish probable cause for possession of material including sexual conduct by a child, with intent to
    promote,

    document that the suspect possessed, with intent to promote a photograph, motion picture,exhibition, show, or representation. In addition, the presentation and the photograph, motion picture,
    exhibition, show, representation, and/or presentation included, in whole or in part, sexual conduct by a child
    less than 18 years of age.

    When establishing probable cause for soliciting a child or a person believed to be a child for unlawful sexual
    conduct using a computer service or device,

    document that the suspect knowingly used a computer connected
    to the internet or local bulletin board service capable of electronic data storage or transmission to contact the
    victim. The victim was a child or someone the suspect believed was a child.

    Sexual predators

    trade child pornography online and use computers to solicit sexual performances by children
    and lure them into sexual liaisons

    Many pedophiles use

    chatting and email to coordinate traveling to meet
    child victims. File sharing, peer-to-peer networks, and malware contribute to 99 percent of child porn that
    predators share on the internet.

    Prohibited computer transmissions of sexual acts live over a computer online service, internet service, or local
    bulletin board service are

    lewd or lascivious exhibition, if the offender knows, should know, or has reason
    to believe that a victim in Florida who is less than 16 years of age views the transmission on a computer or
    television monitor.

    Sexual battery

    is a felony, which varies in degree depending upon the age of the victim, the mental and physical
    capacity of the victim, the type of force used, the threat or use of a deadly weapon, and the type of injuries
    received.

    Any sexual battery on a child is considered child abuse

    if the suspect is a person who has familial or
    custodial authority.

    Sexual battery upon a child 12 years of age or older but less than 18 years of age by a
    person who has familial or custodial authority and solicitation of a child less than 18 years of age to engage in
    an act that constitutes sexual battery by a person in a familial or custodial authority is

    child abuse

    Sexual battery occurs when

    the suspect commits an act upon and/or with the victim, in which the sexual organ
    of the suspect or victim penetrated or had union with the anus, vagina, and/or mouth of the victim and/or
    suspect.

    According to s. 794.011(2), F.S., the following crimes, taught under sexual offenses, are not child abuse unless
    a person in a familial or custodial authority commits one of the crimes:

    โ€ข sexual battery, victim less than 12 years of age
    โ€ข sexual battery, person 12 years of age or older
    โ€ข sexual battery, victim 12 years of age or older, great force
    โ€ข sexual battery, victim 12 years of age or older, specified circumstances
    โ€ข unlawful sexual activity with certain minors
    โ€ข committing unnatural and lascivious act
    โ€ข exposure of sexual organs in a vulgar or indecent manner

    If you are conducting an investigation of
    child abuse prior to DCF notification

    contact the abuse hotline at 1-800-96-ABUSE or 1-866-LE-ABUSE
    (law enforcement only) to mobilize additional resources

    Due to the nature of the DCF
    investigation,

    you should be able to use much of the information from the DCF investigator in a criminal
    investigation to prove the elements of child abuse, neglect, or abandonment.

    The DCF investigator will conduct a

    social services investigation.

    A social services investigation is

    separate from a criminal investigation.

    The DCF can conduct its investigation with

    or without a criminal investigation.

    Due to the hostile nature of these types of calls,
    the unarmed DCF investigator is at risk

    for physical violence.

    DCF Call: One of your primary responsibilities is to

    provide security while the DCF investigator conducts his or her social services investigation.

    Your feelings about child abuse and child discipline can

    interfere with your judgment during a child abuse incident, but you should maintain a professional, fair, and impartial attitude while conducting a child abuse investigation.

    If you attempt to verify the child's safety and the parent or guardian refuses access to the child, determine if:

    the child is in immediate danger. "If the child is in immediate danger, contact your supervisor and determine
    the best method for removing the child"

    The law authorizes DCF investigators to remove children from

    a caretaker's custody and control without a custody order.

    DCF INVESTIGATION: If the child is not in immediate danger,

    determine the relationship between the suspect and victim to protect
    the child from further abuse by physically separating the child and the suspect. Make sure the child and the
    suspect cannot see or hear each other. This prevents the suspect from using eye contact or body language to
    intimidate or coerce the child.

    If you cannot establish where the incident
    occurred,

    treat the entire area as a crime scene

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