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

This is a Free Service provided by Why Fund Inc. (a 501 C3 NonProfit) We thank you for your donation!


(1. Click on the course Study Set you wish to learn.) (2. If you wish you can click on "Print" and print the test page.) (3. When you want to take a test...click on anyone of the tests for that Study Set.) (4. Click on "Check Answers" and it will score your test and correct your answers.) (5. You can take all the tests as many times as you choose until you get an "A"!) (6. Automated college courses created from lecture notes, class exams, text books, reading materials from many colleges and universities.)

๎„?
New

Long-Term Learning

Learn efficiently and remember over time.

Start Long-Term Learning

Get personalized study reminders at intervals optimized for better retention.
Track your progress on this set by creating a folder
Or add to an existing folder

Add this set to a folder

  • Prior to conducting any interview with a victim of child abuse, contact your __________ to determine if assistance is required from an investigative unit.

    supervisor

    The chief judge in your judicial circuit has set guidelines and limits on interviewing child abuse or sexual abuse victims who are less than _____ years of age. The limits also apply to persons who are intellectually disabled.

    16

    A(n) ___________ is a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage or mental illness, or who has one or more physical or mental limitations that restrict the person's ability to perform the normal activities of daily living.

    disabled adult

    A(n) __________ adult is a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, brain damage, or the infirmities of aging.

    vulnerable

    At a child abuse or neglect call, interview the __________ and obtain a statement regarding the allegations of child abuse or neglect. This is a preliminary interview to lock in a statement, dismiss any retalitory accusations, or establish a suspect's identity.

    primary caregiver

    __________ conducting an interview (at a child abuse or neglect call), find out from the victim what happened, observe any injuries to the victim or other household members, and immediately determine whether anyone needs medical treatment.

    Without

    __________ occurs when an elderly person or disabled adult lacks sufficient understanding or capacity to make or communicate reasonable decisions concerning his or her person or property. This impairment may occur because of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other causes.

    Lacks capacity to consent

    __________ is any location providing day or residential care or treatment for elderly persons or disabled adults. This term may include, but is not limited to, any hospital, training center, state institution, nursing home, assisted living facility, adult family-care home, adult day care center, group home, mental health treatment center, or continuing care community.

    Facility

    When establishing probable cause for __________ of a disabled adult or elderly person, document that the victim was an elderly person or a disabled adult, and the suspect knowingly used deception or intimidation to obtain, use, or endeavor to obtain or use the victim's funds, assets, or property. The suspect did so with the intent to deprive the victim temporarily or permanently of the use, benefit, or possession of his or her funds, assets, or property to benefit someone other than the victim. The suspect stood in a position of trust and confidence and had a business relationship with the victim at the time.

    exploitation

    __________ of a disabled adult or elderly person occurs when the suspect's intent is to deprive the person of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the disabled adult or elderly person temporarily or permanently.

    Exploitation

    Exploitation of a(n)___________ occurs when someone knowingly, by deception or intimidation, obtains or uses a disabled adult's or elderly person's funds, assets, or property.

    disabled adult or elderly person

    Section 39.202, F.S., outlines that some individuals are legally required to provide their names when reporting child abuse, abandonment, or neglect.

    physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment

    practitioner who relies solely on spiritual means for healing

    judge

    school teacher or other school official or personnel

    social worker, day care center worker, or other professional child care, foster care, residential, or institutional worker

    law enforcement officer

    health or mental health professional


    Incorrect

    To establish probable cause for __________ of an elderly person or a disabled adult, document that at the time, the victim was an elderly person or a disabled adult. The suspect was a caregiver for the victim and the suspect 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.

    neglect

    Reporters to the DCF's Abuse Hotline __________ remain anonymous.

    can

    conducting the child's interview (at a child abuse or neglect call),

    learn the victim's age and consider what you know about the child's mental capacity.

    A __________ is a person entrusted with or who has assumed responsibility for the care or the property of a disabled adult or elderly person.

    caregiver

    Abuse of a(n) ______________ is any willful or threatened act by a caregiver that significantly impairs or is likely to impair a vulnerable adult's physical, mental, or emotional health.

    disabled adult or elderly person

    When establishing probable cause for __________ of a disabled adult or elderly person, document that at the time, the victim was an elderly person or a disabled adult and the suspect knowingly or willfully: inflicted physical or psychological injury upon the victim, committed an intentional act that could reasonably be expected to result in physical or psychological injury to the victim, or actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or psychological injury to the victim.

    abuse

    Florida Statutes require all individuals to

    report to the DCF any suspicion or knowledge of child abuse, neglect, or abandonment by a parent, legal custodian, caregiver, or other person responsible for the child's welfare by calling the Abuse Hotline.

    __________ necessary to maintain the elderly person's or disabled adult's physical and mental health include, but are not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult.

    Care, supervision, and services

    To establish probable cause for __________ of an elderly person or disabled adult, document that at the time, the victim was an elderly person or a disabled adult and that the suspect did at least one of the following: committed aggravated battery upon the victim, willfully tortured the victim, maliciously punished the victim, willfully and unlawfully caged the victim, and/or knowingly or willfully abused the victim and in so doing caused great bodily harm, permanent disability, or permanent disfigurement.

    aggravated abuse

    A(n) _________ is a person 60 years of age or older who is suffering from the infirmities of aging as showed by advanced age or organic brain damage, or other physical, mental, sensory, or emotional dysfunction, to the extent that the ability of the person to provide adequately for the person's own care or protection is impaired.

    elderly person

    Often, if there is child abuse in the home,

    animal abuse is also present.

    In response to a disabled adult or elderly person abuse, neglect, or exploitation call,

    identify all parties and their relationships to one another, including caregivers, or guardians, and ask preliminary questions to identify victims, witnesses, and suspects to determine allegations make by the complainant.

    view the living conditions (of the disabled adult or elderly person) after asking to see the living area, bedroom, or sleeping area, and by observing the person's hygiene.

    If you cannot establish where the (disabled adult or elderly person abuse, neglect, or exploitation) incident occurred,

    treat the entire area as a crime scene.

    If a disabled adult or elderly person is not in immediate danger,

    determine the relationship between the suspect and victim to protect the person from further abuse by physically separating the victim and the suspect.

    In response to a disabled adult or elderly person abuse, neglect, or exploitation call, you __________ photograph the victim and/or his or her living area.

    should

    When establishing probable cause for __________ of a disabled adult or elderly person, document that the victim was an elderly person or a disabled adult, and the suspect knowingly used deception or intimidation to obtain, use, or attempt to obtain or use, the victim's funds, assets, or property, and did so with the intent to deprive the victim temporarily or permanently of the use, benefit, or possession of his or her funds, assets, or property to benefit someone other than the victim. In addition, the suspect knew or reasonably should have known the victim did not have the capacity to consent at the time.

    exploitation

    When establishing probable cause for __________ of a disabled adult or elderly person, document that the victim was an elderly person or a disabled adult, and the suspect was the victim's guardian or agent under a power of attorney and breached a fiduciary duty to the victim. As a result, there was an unauthorized appropriation, sale, or transfer of the victim's property.

    exploitation

    You may have cause for concern when the ___________ withholds needed care or items from a disabled adult or elderly person.

    caregiver

    If you are conducting an investigation of abuse or neglect of a disabled adult or elderly person prior to DCF notification,

    contact the Abuse Hotline at 1-800-96-ABUSE for additional resources.

    In response to a disabled adult or elderly person abuse, neglect, or exploitation call, your job will be to

    conduct a criminal investigation, if necessary.

    When you respond to an incident involving any kind of abuse or exploitation of a disabled adult or elderly person, be prepared to

    take action to protect the victim.

    In response to a disabled adult or elderly person abuse, neglect, or exploitation call, your responsibilities include

    conducting an initial investigation to determine if a crime has occurred, and if so, which crime.

    In response to a disabled adult or elderly person abuse, neglect, or exploitation call, be aware and document information about

    visible injuries or the lack thereof, and the way the involved parties act.

    DCF can conduct its investigation (of abuse, neglect, and exploitation of an elderly person or a disabled adult)

    with or without a criminal investigation.

    Signs of abuse or exploitation of a disabled adult or elderly person

    may not be obvious.

    In response to a disabled adult or elderly person abuse, neglect, or exploitation call, your primary responsibility is to provide

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

    When evaluating neglect situations of a disabled adult or elderly person, it is important to reserve judgment about _________.

    people's lives and lifestyle choices

    Due to the nature of the DCF investigation, you will be able to

    use much of the information from the DCF investigator in a criminal investigation to prove the elements of abuse, neglect, or exploitation of an elderly person or a disabled adult.

    If a disabled adult or elderly person is in immediate danger,

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

    The law authorizes DCF investigators to

    remove a person from a caretaker's custody and control without a custody order.

    When investigating an interference with custody,

    keep an open mind and determine the intent of any suspects allegedly interfering with a parent's custody of their child.

    ___________ occurs when the suspect, without lawful authority, knowingly or recklessly takes or entices any child less than 18 years of age from the custody of its parent, guardian or other lawful custodian.

    Interference with custody

    Interference with custody is a felony, yet statute recognizes

    there are times when an adult may step in to assist a child in need, offering several defenses to mitigate the actions of an adult accused of interfering with custody.

    ___________ occurs when the suspect forcibly, by threat, or secretly confines, abducts, imprisons, or restrains another person without lawful authority and against his or her will with any purpose other than those referred to in kidnapping.

    False imprisonment

    Section 415.1034, F.S., outlines that some individuals are legally required to report abuse, neglect, or exploitation of a disabled adult or elderly person.

    health professional or mental health professional

    state, county, or municipal criminal justice employee or law enforcement officer

    employee of the Department of Business and Professional Regulation conducting inspections of public lodging establishments

    physician, osteopathic physician, medical examiner, chiropractic physician, nurse, paramedic, emergency medical technician, or hospital personnel engaged in admission, examination, care, or treatment

    practitioner who relies solely on spiritual means for healing

    Florida advocacy council member or long-term care ombudsman or council member

    bank, savings and loan, or credit union officer, trustee, or employee

    nursing home staff, assisted living facility staff, adult day care center staff, adult family-care home staff, social worker, or other professional adult care, residential, or institutional staff

    __________ occurs when the suspect forcibly, secretly, or by threat confines, abducts, or imprisons another person against his or her will.

    Kidnapping

    A caregiver may become increasingly frustrated as the disabled adult or elderly person becomes more financially, emotionally, or physically dependent. This can lead to _________.

    abuse

    It is __________ to conceal the location of a minor, in violation of a court order, in which a person has personal knowledge of the order.

    unlawful

    __________ is the process of the local court recognizing and adopting an out-of-state or county court order to be in effect within the local jurisdiction through a petition process.

    Domesticated

    The suspect in __________ may be a noncustodial parent or other adult housing a runaway under the assumption that he or she is assisting a child in need.

    interference with custody

    Concealing or removing minors from the state with full knowledge of a court order __________ interference with custody.

    is

    If an interference with custody suspect reasonably believed that

    his or her actions were necessary to prevent the child from being seriously injured or did not have any intent to harm the health, safety, or welfare of the child, the court will consider that belief to be a valid defense.

    If someone confines a child who is younger than __________ without the consent of the parent or guardian, that confinement is against the child's will.

    13

    To establish probable cause for __________, document the fact that the suspect had no lawful authority and that the suspect forcibly, secretly, and by threat confined, abducted, imprisoned, and/or restrained the victim against his or her will.

    false imprisonment

    It __________ common for a juvenile to give false information to adults to gain access to a home and/or stay for a period without the juvenile's parents having knowledge of the situation.

    is

    It is __________ for a person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, with personal knowledge of the order.

    unlawful

    The difference between interference with custody and luring or enticing a child is that __________ requires the suspect to have an unlawful intention for luring or enticing the child to commit other crimes.

    luring or enticing

    __________ occurs when a person intentionally lures or entices, or attempts to lure or entice, a child less than 12 years of age into a structure, dwelling, or conveyance for other than lawful purposes.

    Luring or enticing a child

    When you determine an incident shows signs of abuse, neglect, or exploitation of a disabled adult or elderly person,

    he or she should consider the criminal conduct a public concern, not merely a private family matter.

    At a disabled adult or elderly person abuse, neglect, or exploitation call,

    interview the primary caregiver and obtain a statement regarding the allegations.

    Florida Statues require some individuals to immediately report suspicion or knowledge of a disabled adult or elderly person abuse, neglect, or exploitation by a caregiver, legal custodian, or other person responsible for the person's welfare to the _____________ by calling the Abuse Hotline.

    DCF

    A caregiver might be diverting the disabled adult or elderly person's pension or Social Security funds for _____________.

    his or her own financial gain

    In order for a crime to be kidnapping, the confinement, abduction, or imprisonment __________ be the kind inherent in the nature of the felony.

    must not

    __________ occurs without lawful authority and with intent to hold for ransom or reward, hold as hostage or shield, facilitate commission of a felony, interfere with governmental or political function, or confine a child less than 13 years of age without the consent of the custodial parent.

    Kidnapping

    When establishing probable cause for __________, document that the suspect secretly observed the victim and committed the alleged act with a lewd, lascivious, indecent intent. The words lewd, lascivious, and indecent mean the same thing, a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing the act.

    voyeurism

    In the __________ of means the victim saw, heard, or otherwise sensed the act was taking place.

    presence

    __________ is electronically transmitting a visual image with the intent that another person views it.

    Broadcast

    A(n) __________ device is any mechanical, digital, electronic viewing device; still camera, camcorder, or motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting visual images of another person.

    imaging

    Consent means

    intelligent, knowing, and voluntary consent and does not include coerced submission.

    In order for a crime to be kidnapping, the confinement, abudction, or imprisonment __________ be slight, inconsequential, or merely incidental to the felony.

    must not

    Lewd or lascivious __________ occurs when a person intentionally touches a person less than 16 years of age in a lewd or lascivious manner, or solicits a person less than 16 years of age to commit a lewd or lascivious act.

    conduct

    To establish probable cause for video __________, document whether the subject: intentionally used or installed an imaging device to secretly view, broadcast, or record the victim for his or her own amusement, entertainment, sexual arousal, gratification, profit, or for the purpose of degrading or abusing the victim; intentionally permitted the use or installation of an imaging device to secretly view, broadcast, or record the victim for the amusement, entertainment, sexual arousal, gratification, or profit of another or on behalf of another; or viewed the body of or the undergarments worn by the victim by using an imaging device.

    voyeurism

    When the __________ suspect was observing the victim or the victim's intimate areas, the victim was in a public or private dwelling, structure, or conveyance in which he or she had a reasonable expectation of privacy. The term intimate area is any portion of a victim's body that he or she covers by clothing, with the intention of protecting the area from public view.

    voyeurism

    Lewd or lascivious __________ occurs when a person intentionally masturbates, exposes the genitals in a lewd or lascivious manner, or commits any other sexual act that does not involve actual physical or sexual contact with the victim. This includes, but is not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age.

    exhibition

    Kidnapping is both a

    statutory and federal violation.

    In the statutory elements of video voyeurism, the viewing, broadcast, or recording of the victim was __________ the knowledge and/or consent of the victim.

    without

    For lewd or lascivious behavior, indecent assault or act upon or in the presence of a child, or sexual battery, neither the victim's

    sexual history nor the victim's consent are defenses to the crime charged.

    Sexting occurs when

    a minor who uses a computer or any electronic device, such as cell phones, to transmit or distribute a nude photograph or video to another minor regardless of whether the minors consented to the act.

    To establish probable cause for lewd or lascivious behavior, indecent assault or act upon or in the presence of a child, or sexual battery, document that the victim was less than the age of __________ years and the suspect did any of the following: made an assault and/or battery upon the victim in a lewd, lascivious, or indecent manner, or handled or fondled the victim in a lewd, lascivious, or indecent manner; committed upon the victim, forced, or enticed the victim to commit: actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, actual lewd exhibition of the genitals, or any act or conduct which simulated that sexual battery was being or would be committed on the victim; committed an act upon or with the victim in which the sexual organ of the suspect or victim penetrated or had union with the anus, vagina, or mouth of the victim or suspect; committed an act upon the victim in which the anus or vagina of the victim was penetrated by an object; or knowingly committed a lewd or lascivious act in the presence of the victim.

    16

    Lewd or lascivious __________ occurs when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person less than 16 years of age to touch the offender so.

    molestation

    Lewd or lascivious __________ involves engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.

    battery

    To establish probable cause for __________ upon a person 12 years of age or older, document that the victim was 12 years of age or older, and the act was committed without the consent of the victim. The suspect committed an act upon or with the victim in which the sexual organ of the suspect or victim penetrated or had union with the anus or vagina of the victim or suspect, or the suspect committed an act with an object that penetrated the anus or vagina of the victim.

    sexual battery

    To establish probable cause for __________, document that the suspect had no lawful authority and that the suspect forcibly, secretly, by threat confined, abducted, or imprisoned the victim against his or her will. In addition, the suspect acted with intent to do at least one of the following: hold for ransom or reward as a shield of hostage, commit or help with the commission of a felony, inflict bodily harm upon or to terrorize the victim or another person, or interfere with the performance of any governmental or political function.

    kidnapping

    In order for a crime to be kidnapping, the confinement, abduction, or imprisonment __________ have some significance independent of the felony in that it makes the felony substantially easier to commit or substantially lessens the risk of detection.

    must

    Mentally __________ means that a person is temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.

    incapacitated

    Mentally __________ describes a person suffering from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.

    defective

    Sexual battery victims fear

    further victimization during the investigation and in subsequent courtroom proceedings.

    What questions should you ask the sexual battery victim during the initial interview?

    Have you used the restroom or showered since the attack?

    Exactly what happened?

    Did the suspect display a weapon?

    Do you know the suspect?

    Were there any witnesses present?

    What did the suspect look like? (physical and clothing description)

    Is any property missing?

    Have you changed clothing since the attack? If yes, where are those clothes?

    What did the supect say?

    Where did the sexual battery occur?

    When did the sexual battery occur?

    In a sexual battery, consider the existence of at least two crime scenes; one is the __________ of the victim and the other is the location(s) of the sexual battery.

    body

    A sexual battery victim may feel that law enforcement

    may not be able to apprehend the suspect or be afraid the assailant will take revenge.

    Sexual intercourse is

    the penetration of the female sex organ by the male sex organ.

    What are some sexual battery enhanced penalties?

    committing unnatural and lascivious act

    exposure of sexual organs in a vulgar or indecent manner

    sexual battery upon a person 12 years of age or older, with specified circumstances

    sexual battery victim, less than 12 years of age

    unlawful sexual activity with certain minors

    sexual battery upon a person 12 years of age or older, with great force

    Discourage the victim of sexual battery from

    discarding any clothing or feminine products on their person during or after sexual battery.

    using the restroom.

    Statute protects the identity of a

    victim of sexual battery and exempts the victim from Florida public records law.

    Do not ask the sexual battery victim

    accusatory questions that insinuate willingness or blame on the victim's part.

    Agency policies and procedures should be followed when

    arranging for a sexual battery exam, collecting clothing, and notifying a sex crime investigator.

    To establish probable cause for __________, document that the victim was the son or daughter of the suspect. The suspect married the victim or had sexual intercourse with the victim. At the time of the marriage or sexual intercourse, the suspect knew the victim was his or her son or daughter, brother, sister, uncle, aunt, niece, or nephew.

    incest

    When responding to a sexual battery case, obtain

    medical treatment for the victim immediately, if needed, with the victim's consent.

    You are required to provide or arrange

    transportation of victims of sexual battery to an appropriate medical facility or rape crisis center.

    If you determine the sexual battery offender is a family member or custodian of a child, this is

    child abuse and you need to immediately contact the DCF.

    Only medical personnel may perform a physical and sexual battery examination, which may later

    provide evidence and information to further the sexual battery investigation.

    The Sexual Battery Victims' Access to Services Act provides victims of sexual battery access to

    crisis-intervention and recovery services, advocacy, and medical intervention.

    Union means

    contact.

    Documenting sexual battery includes a

    forensic report and medical report, as well as a criminal report.

    It is important that you counsel the sexual battery victim on the

    significance of collecting and maintaining evidence, even if the victim is uncertain if they want to prosecute at the time of the initial investigation.

    Please allow access to your computerโ€™s microphone to use Voice Recording.

    Having trouble? Click here for help.

    ๎€˜
    ๎€—

    We canโ€™t access your microphone!

    Click the icon above to update your browser permissions above and try again

    Example:

    Reload the page to try again!

    Reload

    Press Cmd-0 to reset your zoom

    Press Ctrl-0 to reset your zoom

    It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

    Please upgrade Flash or install Chrome
    to use Voice Recording.

    For more help, see our troubleshooting page.

    Your microphone is muted

    For help fixing this issue, see this FAQ.

    Star this term

    You can study starred terms together

    ๎€ 
    NEW! Voice Recording

    This is a Plus feature

    ๎€ 

    ๎€ 
    ๎€‚ Create Study Set