Chapter 7/ Criminal Investigations / Study Guide/ I flashcards |

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

    deadly

    What top things should you remember and document for a criminal investigation?

    Determine if the victim desires prosecution or if the state will prefer charges.

    Photograph the scene.

    What instrument was used to commit the crime?

    Are there witnesses to the crime?

    Effect the arrest or file an at-large affidavit, per policy.

    Collect statements from involved parties and witnesses.

    Determine if the physical evidence supports statements collected.

    Who is the victim and what is their relationship to the suspect?

    Complete paperwork detailing all the known facts.

    Do the domestic violence or special classification of crimes apply?

    The battery of a correctional facility employee requires you to document that the __________ was in a correctional facility, in custody.

    suspect

    To establish probable cause for __________, 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.

    felony battery

    If the victim of an assault, aggravated assault, battery, or aggravated battery is __________ years of age or older, the degree of the offense will change.

    65

    __________ involves verbal threats without physical contact.

    An assault

    __________ is verbal; __________ moves violence into the realm of physical contact, which is more dangerous to the victim.

    Assault; a battery

    To establish probable cause for __________, 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, while committing this crime, the suspect intentionally or knowingly caused great bodily harm, permanent disability, permanent disfigurement, or used a deadly weapon.

    aggravated battery

    The battery of a correctional facility employee __________ you to document that the suspect knew the victim or had reason to know the victim was a facility employee.

    requires

    When documenting information for a criminal investigation, be prepared to

    testify in court.

    The assault, aggravated assault, battery, or aggravated battery of a(n) __________ provides you to document three additional elements. 1. 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. 2. The victim was engaged in the lawful performance of his or her duties at the time of the assault. 3. The suspect knew the victim was one of the workers listed (earlier in this text) at the time of the assault.

    officer, firefighter, or EMS provider

    If the victim was pregnant at the time of the battery, whether the suspect knew or should have known the victim was pregnant, this upgrades the battery charge to

    aggravated battery or an additional or separate offense.

    To establish probable cause for __________, document that the suspect: intentionally and unlawfully, threatened, by either word or act, to do violence to a victim; appeared to have the ability to carry out the threat at the time; and created in the mind of the victim a well-founded fear that violence was about to take place.

    assault

    In a battery situation, base the arrest on

    probable cause, which may consist of physical evidence and/or sworn statements.

    The battery of a correctional facility employee __________ you to document that the victim was a correctional facility employee.

    requires

    To establish probable cause for __________, 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.

    battery

    To establish probable cause for __________, document that the suspect: intentionally and unlawfully threatened, by either word or act, to do violence to a victim; must appear to have the ability to carry out the threat at the time; created in the mind of the victim a well-founded fear that violence was about to take place; and made a fully formed, conscious intent to commit violence to a victim using a deadly weapon.

    aggravated assault

    If probable cause exists, make a warrantless arrest for

    battery.

    The battery of a correctional facility employee __________ you to document that the suspect intended to harass, annoy, threaten, or alarm the victim.

    requires

    Even when a battery is not committed in your presence, you have the authority to

    arrest a suspect for a battery.

    The battery of a correctional facility employee requires you to document that 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.

    In a battery situation, document that a

    threat of continued violence exists if you do not make an arrest.

    __________ is any behavior that targets a specific person and causes that person substantial emotional distress, and serves no legitimate purpose.

    Harassment

    Abuse of a child __________ acts and/or omissions.

    includes

    Provide the victim of assault or battery

    the victim's rights packet, which explains options for problem resolution or a possible course of action.

    A(n) __________ is a court order, which requires a person to do or avoid doing specific acts.

    injunction

    Stalking can easily escalate into

    aggravated stalking as the suspect progresses to more possessive and controlling behavior.

    aggravated stalking as the suspect progresses to more possessive and controlling behavior.

    Credible

    __________ involves unwanted and repeated attention by the suspect towards the victim, family members, or individuals closely associated with the victim.

    Stalking

    It __________ required that all victims of assault or battery receive a victim's rights packet.

    is

    Stalking __________ a crime limited to people who have an existing relationship.

    is not

    __________ 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

    Sometimes the suspect of a stalking incident is a

    stranger.

    What is considered to be harm to a child?

    injury resulting from the use of a deadly weapon

    sprain, dislocation, or cartilage damage, bone or skull fracture, brain or spinal cord damage, intracranial hemorrhage, or injury to another internal organic

    permanent or temporary disfigurement, permanent or temporary loss or impairment of a body part or function

    asphyxiation, suffocation, or drowning

    burns or scalding, cuts, lacerations, punctures, or bites

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

    stalking

    To establish probable cause for __________, 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.

    aggravated stalking

    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.

    Stalking __________ across all socioeconomic and/or cultural barriers.

    occurs

    Even though an investigator will immediately look into most incidents of child abuse, it is important that

    the initial responding officer follow strict protocol during the initial contact and documentation.

    Stalking __________ a crime of power and control.

    is

    Typically, less than half

    of stalking victims report.

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

    Aggravated stalking

    When it does not cause harm to the child, reasonable corporal discipline of a child by a parent or legal custodian for disciplinary purposes __________ abuse.

    is not

    For a threat to be considered credible, the threat must

    be to cause bodily injury to or end the life of a person.

    When establishing probable cause for __________, document whether the suspect willfully, maliciously, and repeatedly followed, harassed, or cyber-stalked the victim.

    stalking

    Child neglect

    can be as harmful as child abuse.

    To establish probable cause for __________, document that the victim was less than 18 years of age and the suspect did any of the following acts: committed aggravated battery upon the victim, willfully tortured the victim, maliciously punished the victim, willfully and unlawfully caged the victim, or 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.

    aggravated child abuse

    To establish probable cause for child __________, document that the victim was less than 18 years of age and the suspect knowingly or willfully: inflicted physical or mental injury upon the child victim, committed an intentional act that could reasonably be expected to result in physical or mental injury to the child victim, and/or actively encouraged another person to commit an act that resulted in or could have reasonably have been expected to result in physical or mental injury upon the child victim.

    abuse

    __________ custody is a legal status created by a court, which appoints a person, a custodian, or guardian, whether an agency or an individual.

    Legal

    __________ is knowingly, intentionally, and purposefully.

    Willfully"

    Document that the victim was less than 18 years of age to establish probable cause for __________. 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. Determine if the repeated conduct or a single incident or omission that resulted in, or reasonably expected to result in, serious physical or mental injury, or a substantial risk of death, to a child is neglect.

    child neglect without bodily harm

    __________ negligence is gross and flagrant negligence, committed with an utter disregard for the safety of others. It 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.

    Culpable

    culpable negligence is more than

    a failure to use ordinary care for others.

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

    Mental

    A newborn infant is a child whom a licensed physician reasonably believes to be approximately __________ days old or younger.

    7

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

    Physical

    Child abuse or neglect may include what?

    inflicting or allowing physical, mental, or emotional injury

    exposing a child to an illegal controlled substance

    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

    using mechanical devices, unreasonable restraint, or extended periods of isolation to control a child

    committing or allowing sexual battery, or lewd or lascivious acts

    negligently failing to protect a child from inflicted physical, mental, or sexual injury caused by acts of another

    abandoning a child

    allowing, encouraging, or forcing the sexual exploitation of a child

    allowing a child's sibling to die because of abuse or neglect

    What behaviors may indicate child abuse?

    appears overly affectionate (inappropriate) or withdrawn

    exhibits inappropriate sexual behavior

    startles easily

    acts violently or aggressively

    cries uncontrollably

    wary of adult contact

    fears remaining at home, or returning to the home

    To establish probable cause for leaving a child unattended or unsupervised in a motor vehicle, document that the victim was less than __________ years of age and that the suspect was: 1. a parent of, legal guardian for, or a person responsible for the victim; 2. left the victim unattended or unsupervised in a motor vehicle for more than __________ minutes or while the motor was running and the health of the victim was in great danger, and; 3. caused great bodily harm, a permanent disability, and/or permanent disfigurement to the victim.

    six/15

    Establish probable cause for __________ 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: 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 with bodily harm

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

    Caregiver

    __________ 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

    Select ALL of the TRUE statements that apply to signs of child abuse or neglect.

    There may be signs of mismanaging medication such as empty, unmarked, and outdated prescription bottles.

    Hazards in the home can include exposed wires and roach infestation.

    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.

    A pale complexion and sunken eyes or cheeks can indicate dehydration and malnutrition.

    Signs of neglect in the home can be the absence of necessities such as food, water, and heat.

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

    Victims can have bedsores, skin disorders, rashes, untreated injuries, or medical problems.

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

    You may discover the lack of clean bedding or clothing, or the child wearing clothing inappropriate for the weather.

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

    What parental behaviors can indicate an environment of child abuse?

    a very tense atmosphere in the home

    unrealistic expectations

    inconsistent behaviors

    impulsive behaviors

    unreasonable discipline

    __________ custody is the right to have physical custody of the child and the right and duty to protect, nurture, guide, and discipline the child.

    Legal

    __________ is: wrongful, intentional, and without legal justification or excuse; 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 when the primary purpose of the acts was to cause the victim unjustifiable pain or injury.

    Maliciously'

    __________ 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.

    Child neglect

    A parent who 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,

    does not commit child neglect under Florida law.

    __________ 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.

    Simulated

    You __________ pursue and/or follow a parent that surrenders his or her newborn infant.

    may not

    Sexual battery does not include an act done for

    bona fide medical purposes.

    Sexual __________ is any of the following: actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; 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; or any act or conduct that constitutes sexual battery or simulates that sexual battery is being or will be committed.

    conduct

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

    Promote

    According to s. 847.0135, F.S., solicitation online consists of the suspect seducing, soliciting, luring, enticing, or attempting to seduce, solicit, lure, or entice the victim to engage in any illegal act as charged in the indictment or information under: Chapter __________-Sexual Battery, Chapter __________-Lewdness, Indecent Exposure, Chapter __________-Abuse of Children, or other unlawful sexual conduct with a child or with a person believed to be a child. Document of, during the contact, the suspect misrepresented his or her age to the victim and if the suspect believed the person was a child.

    794; 800; 827

    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 __________ 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 consent of the performance.

    18

    If an adult keep a child home from school, commits a crime in the presence of a child, or serves alcoholic beverages to a child are examples of __________.

    contributing to the delinquency or dependency of a child

    Prohibited computer transmissions of sexual acts live over a computer online service, internet service, or local bulletin board 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 __________ years of age views the transmission on a computer or television monitor.

    16

    To establish probable cause for __________, 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 consent of the performance.

    promoting a sexual performance by a child

    __________ is a situation in which the parent or legal custodian of a child, in the absence of a parent or legal guardian, 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.

    Abandonment

    To establish probable cause for __________, 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.

    possession of material including sexual conduct by a child less than 18 years of age

    To establish probable cause for __________, 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.

    possession of material including sexual conduct by a child, with intent to promote

    When establishing probable cause for __________, 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.

    soliciting a child or a person believed to be a child for unlawful sexual conduct using a computer or devices

    soliciting a child or a person believed to be a child for unlawful sexual conduct using a computer or devices

    soliciting a child or a person believed to be a child for unlawful sexual conduct using a computer or devices

    __________ 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.

    Sexual bestiality

    Establish probable cause for __________ 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. The suspect uses acts, threats, commands, or persuasion to get a child to commit or perform any act, follow any course of conduct, or live in a way that causes or might cause the child to become or remain a delinquent or dependent child or a child in need of services.

    contributing 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 __________ years or older impregnating a child less than __________ years of age, document that at the time, the victim was less than the previously mentioned age, and the suspect was the age previously mentioned (or older) and impregnated the victim. Even if the victim consented or had a sexual history, such an interaction is still illegal.

    21; 16

    To establish probable cause for __________, 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.

    using a child in a sexual performance, and knew the character and content of the performance

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

    Sexual performance

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

    Performance

    __________ 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.

    Sadomasochistic abuse

    Unless there is actual or suspected child abuse or neglect, a parent has the right to

    remain anonymous when surrendering an infant.remain anonymous when surrendering an infant.

    The __________ witness is the first person the child told about the abuse.

    outcry

    At a child abuse or neglect call, conduct a thorough interview of the __________ first.

    complainant and/or the outcry witness

    When responding to a child abuse call,

    an officer's responsibilities include conducting an initial investigation to determine if a crime has occurred, and if so, which crime.

    At a child abuse or neglect call, if you determine the child is in immediate danger,

    contact your supervisor and determine the best method for removing the child.

    __________ a preliminary interview and assessment of the child abuse or neglect scene, you and the DCF investigator should work collaboratively to determine the best course of action to ensure the child's safety.

    After

    The majority of the time, your response for a child abuse or child neglect call will be to meet with or __________ an investigator from DCF to the scene.

    escort

    Any sexual battery on a child is considered child abuse

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

    During a child abuse or neglect call, 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.

    When separating the child and the suspect (at a child abuse or neglect call), make sure the child and the suspect __________ see and/or hear each other.

    cannot

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

    contact the abuse hotline 1-800-96-ABUSE to mobilize additional resources.

    At a child abuse or neglect call, your job will be

    to conduct a criminal investigation if warranted.

    Sexual __________ 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. Alternatively, the suspect commits an act upon the victim in which an object penetrates the anus or vagina of the victim.

    battery

    If the child is not in immediate danger (at a child abuse or neglect call),

    physically separate the child and the suspect to determine the relationship between the suspect and victim to protect the child from further abuse.

    To identify all parties (at a child abuse scene), ask preliminary questions to identify victims, witnesses, and suspects to determine allegations made by the __________.

    complainant

    One of your primary responsibilities (on a child abuse or neglect call) is to

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

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

    unlawful sexual activity with certain minors

    sexual battery, victim 12 years of age or older, specified circumstances

    sexual battery, victim 12 years of age or older, great force

    committing unnatural and lascivious act

    sexual battery, person 12 years of age or older

    exposure of sexual organs in a vulgar or indecent manner

    sexual battery, victim less than 12 years of age

    The DCF can conduct its (child abuse or neglect) investigation

    with or without a criminal investigation.

    Sexual battery upon a child __________ years of age or older but less than __________ years of age by a person 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.

    12; 18

    If you cannot establish where a child abuse incident occurred,

    treat the entire area as a crime scene.

    Sexual battery is a felony, which varies in degree, depending on what?

    the age of the victim

    the mental and physical capacity of the victim

    the threat or use of a deadly weapon

    the type of injuries received

    the type of force used

    You may become aware of suspected child abuse or neglect during the course of a separate investigation, by

    direct contact with a person in the community or through dispatch.

    At a child abuse or neglect call, __________ all parties and their relationships to one another, including parents, caregivers, or guardians.

    identify

    Due to statutory reporting guidelines, always

    protect the identity of the reporter or complainant during a child abuse or neglect investigation.

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