TLETA Week 2 Exam with correct Answers

TLETA Week 2 Exam with correct Answers Where does the rule of thumb come from? - Answer ️️ -in the 1700's, there was English common law decreeing a husband could chastise his wife with a whip no bigger than his thumb Who and when stated that wives charging husbands with criminal assault and battery must suffer more injuries than commonly needed for charges of battery? - Answer ️️ -California Penal Code, 1977 "A person does not commit rape/sexual battery if the victim is the legal spouse of the perpetrator..." = ? - Answer ️️ -limited spousal exclusion (no longer a thing) What ended the limited spousal exclusion? When? - Answer ️️ -Spousal Rape Charges, 1989 _____ of domestic violence cases are misdemeanors. - Answer ️️ -90% Domestic Violence: Name the 6 most common areas of office liability. - Answer ️️ -1. failure to take proper actions to protect a citizen, 2. failure to appropriately enforce a court order protecting a victim of domestic abuse, 3. failure to respond at all or in a timely manner, 4. failure to provide info to a victim as required by law, 5. arresting a citizen without establishing probable cause, 6. exhibiting a pattern of differential treatment or application of the law to domestic violence cases A person commits _____ who: intentionally, knowingly, or recklessly causes bodily injury to another. - Answer ️️ -assault A person commits _____ who: intentionally, knowingly causes another to reasonably fear imminent bodily injury. - Answer ️️ -assault A person commits _____ who: intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. - Answer ️️ -assault Assault becomes domestic assault when the relationship falls into what 6 categories? - Answer ️️ -1. current/former spouses, 2. lived together/have lived together, 3. dating/have dated/who have had a sexual relationship, 4. related by blood or adoption, 5. related or were formerly related by marriage, 6. minor children of persons involved in above situations Charging domestic assault - 1st offense? - Answer ️️ -class A misdemeanor Charging domestic assault - 2nd offense? - Answer ️️ -class A misdemeanor and mandatory of 30 days min Charging domestic assault - 3rd offense if (a) NO suffering of the victim's body and (b) victim IS NOT defendant's spouse or intimate partner or minor child of spouse or ex? - Answer ️️ -class A misdemeanor and mandatory of 90 days min Charging domestic assault - 3rd offense and the victim suffers bodily (threatening or offensive touching does not apply)? - Answer ️️ -can be class E felony with 90 days min Charging domestic assault - 3rd offense and victim is defendant's spouse or intimate partner or minor child of spouse or ex? - Answer ️️ -can be class E felony with 90 days min If you have 2 prior domestic assault convictions and hit your spouse in the face causing injury, what is the crime classification? - Answer ️️ -class E felony If you have 2 prior domestic assault convictions and hit your sister in the face causing injury, what is the crime classification? - Answer ️️ -class A misdemeanor If a LEO has probable cause to believe that a person has committed a crime involving domestic abuse, whether misdemeanor or felony, in the officer's presence or not, what is the PREFERRED response of the officer? - Answer ️️ -arrest What should you do if the domestic assault deals with a roommate situation? - Answer ️️ - check with your district for their policy Is arrest the appropriate response in domestic violence cases for persons who are not the primary agressor? - Answer ️️ -no What 6 things can an officer do to determine who is the primary aggressor in domestic assault cases (abbreviated)? - Answer ️️ -1. domestic abuse history of parties, 2. severity of injuries, 3. evidence from persons involved, 4. likelihood of future injury, 5. did one person act in self- defense?, 6. evidence from witnesses Should you consider a victim's wishes or requests when establishing probable cause of domestic assault? - Answer ️️ -no Should you consider the willingness of the victim to testify in court when establishing probable cause of domestic assault? - Answer ️️ -no Should you consider a victim's previous calls for help when establishing probable cause of domestic assault? - Answer ️️ -no Should you ever threaten to arrest all parties engaged in a domestic violence dispute to discourage future requests for intervention? - Answer ️️ -no According to TN law - when arresting 2 or more parties on a domestic violence dispute, the officer must do what? - Answer ️️ -document the grounds for arrest in his/her report Domestic violence according to TN law - what does an officer need to establish about the parties' injuries? - Answer ️️ -whether they're offensive or defensive Domestic violence according to TN law - what does an officer need to do if complaints are made by 2 or more parties? - Answer ️️ -evaluate each complaint separately for probable cause When a LEO investigates an allegation that domestic abuse occurred, the officer shall make a complete report and file the report with his/her supervisor in a manner that will what? - Answer ️️ -permit data on domestic abuse cases to be compiled TN Code dealing with domestic relations/abuse and officer response to the primary aggressor? - Answer ️️ -TCA 36-3-619 What 4 steps must an officer follow when responding to the victim of a domestic abuse call? - Answer ️️ -1. offer to transport (or arrange transport) the victim to