TLETA Week 2 Complete Study Guide Test.

TLETA Week 2 Complete Study Guide Test. Where does the rule of thumb come from? - CORRECT 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? - CORRECT ANSWER California Penal Code, 1977 "A person does not commit rape/sexual battery if the victim is the legal spouse of the perpetrator..." = ? - CORRECT ANSWER limited spousal exclusion (no longer a thing) What ended the limited spousal exclusion? When? - CORRECT ANSWER Spousal Rape Charges, 1989 _____ of domestic violence cases are misdemeanors. - CORRECT ANSWER 90% Domestic Violence: Name the 6 most common areas of office liability. - CORRECT 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. - CORRECT ANSWER assault A person commits _____ who: intentionally, knowingly causes another to reasonably fear imminent bodily injury. - CORRECT 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. - CORRECT ANSWER assault Assault becomes domestic assault when the relationship falls into what 6 categories? - CORRECT 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? - CORRECT ANSWER class A misdemeanor Charging domestic assault - 2nd offense? - CORRECT 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? - CORRECT 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)? - CORRECT 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? - CORRECT 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? - CORRECT 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? - CORRECT 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? - CORRECT ANSWER arrest What should you do if the domestic assault deals with a roommate situation? - CORRECT 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? - CORRECT ANSWER no What 6 things can an officer do to determine who is the primary aggressor in domestic assault cases (abbreviated)? - CORRECT 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? - CORRECT ANSWER no Should you consider the willingness of the victim to testify in court when establishing probable cause of domestic assault? - CORRECT ANSWER no Should you consider a victim's previous calls for help when establishing probable cause of domestic assault? - CORRECT ANSWER no Should you ever threaten to arrest all parties engaged in a domestic violence dispute to discourage future requests for intervention? - CORRECT ANSWER no According to TN law - when arresting 2 or more parties on a domestic violence dispute, the officer must do what? - CORRECT 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? - CORRECT 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? - CORRECT 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? - CORRECT ANSWER permit data on domestic abuse cases to be compiled TN Code dealing with domestic relations/abuse and officer response to the primary aggressor? - CORRECT ANSWER TCA 36-3-619 What 4 steps must an officer follow when responding to the victim of a domestic abuse call? - CORRECT ANSWER 1. offer to transport (or arrange transport) the victim to safety, 2. advise the victim of shelters/community centers/services, 3. give the victim notice of legal rights available (pre-printed statement), 4. offer to transport the victim to where arrest warrants are issued "Refers to situations where both parties in a domestic violence call are arrested" = ? - CORRECT ANSWER dual arrest When investigating domestic violence, LEO's have a statutory obligation to do what 2 things? - CORRECT ANSWER investigate and evaluate What will often cause a prosecutor to dismiss the case in domestic violence crimes? - CORRECT ANSWER dual arrest Aggravated assault vs assault? - CORRECT ANSWER aggravated contains: seriously bodily injury or death to victim, use/display of deadly weapon, strangulation "Intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person, regardless of whether that conduct results in any visible injury or whether the person has any intent to kill or protractedly injure the victim." = ? - CORRECT ANSWER strangulation When a person with a restraining/protective order to stay away from a certain individual intentionally/knowingly attempts to cause that individual bodily injury = ? - CORRECT ANSWER aggravated assault "Knowingly confines or removes another unlawfully so as to interfere substantially with the other's liberty" = ? - CORRECT ANSWER false imprisonment What level of punishment is false imprisonment? - CORRECT ANSWER class A misdemeanor