TLETA Week 2-Questions With Correct Answers/ 100% pass/ Expert Verified
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TLETA
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TLETA
Where does the rule of thumb come from? - 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...
TLETA Week 2 -Questions With Correct Answers/ 100% pass / Expert Verified Where does the rule of thumb come from? - ✔✔in the 1700's, there was English common law decreein g 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? - ✔✔California Penal Code, 1977 "A person does not commit rape/sexual battery if the victim is the le gal spouse of the perpetrator..." = ? - ✔✔limited spousal exclusion (no longer a thing) What ended the limited spousal exclusion? When? - ✔✔Spousal Rape Charges, 1989 _____ of domestic violence cases are misdemeanors. - ✔✔90% Domestic Violence: Name the 6 most common areas of office liability. - ✔✔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, kno wingly, or recklessly causes bodily injury to another. - ✔✔assault A person commits _____ who: intentionally, knowingly causes another to reasonably fear imminent bodily injury. - ✔✔assault A person commits _____ who: intentionally or knowingly causes ph ysical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. - ✔✔assault Assault becomes domestic assault when the relationship falls into what 6 categories? - ✔✔1. current/former spouses, 2. lived to gether/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? - ✔✔class A misdemeanor Charging domestic assault - 2nd offense? - ✔✔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? - ✔✔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)? - ✔✔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? - ✔✔can be class E felony with 90 days min If you have 2 prior domestic assault convictions and hit your spouse in th e face causing injury, what is the crime classification? - ✔✔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? - ✔✔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? - ✔✔arrest What should you do if the domes tic assault deals with a roommate situation? - ✔✔check with your district for their policy Is arrest the appropriate response in domestic violence cases for persons who are not the primary agressor? - ✔✔no What 6 things can an officer do to determine who is the primary aggressor in domestic assault cases (abbreviated)? - ✔✔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 fro m witnesses Should you consider a victim's wishes or requests when establishing probable cause of domestic assault? - ✔✔no Should you consider the willingness of the victim to testify in court when establishing probable cause of domestic assault? - ✔✔no Should you consider a victim's previous calls for help when establishing probable cause of domestic assault? - ✔✔no Should you ever threaten to arrest all parties engaged in a domestic violence dispute to discourage future requests for intervention? - ✔✔no According to TN law - when arresting 2 or more parties on a domestic violence dispute, the officer must do what? - ✔✔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? - ✔✔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? - ✔✔evaluate each complaint separately for probable cause When a LEO i nvestigates 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? - ✔✔permit data on domestic abuse cases to be compiled TN Code dealing with domestic r elations/abuse and officer response to the primary aggressor? - ✔✔TCA 36 -3-619 What 4 steps must an officer follow when responding to the victim of a domestic abuse call? - ✔✔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 leg al 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" = ? - ✔✔dual arrest When investigating domestic violence, LEO's have a statutory obligation to do what 2 things? - ✔✔investigate and evaluate What will often cause a prosecutor to dismiss the case in domestic violence crimes? - ✔✔dual arrest Aggravated assault vs assault? - ✔✔aggravated contains: seriously bod ily 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, re gardless of whether that conduct results in any visible injury or whether the person has any intent to kill or protractedly injure the victim." = ? - ✔✔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 = ? - ✔✔aggravated assault "Knowingly confines or removes another unlawfully so as to interfere substantially with the other's liberty" = ? - ✔✔false imprisonment What level of punis hment is false imprisonment? - ✔✔class A misdemeanor
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