AG Guidelines Set 4 of 4 Flashcards by May Hem

Absent compelling circumstances justifying
a delay, requests for forensic analysis (e.g.,
analysis of suspected controlled substances,
DNA, fingerprints, ballistics, etc.) by the New
Jersey State Police Office of Forensic
Science should be submitted within
____________________ business days of the date of
arrest.

five

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Access to and use of a stored BWC recording is
permitted only when relevant to and in furtherance of a
criminal investigation or prosecution; to assist the officer
whose BWC made the recording in preparing his or her
own police _________________, subject to the certain
restrictions; and to show to a civilian who intends to file
a ________________ against an officer to demonstrate what
actually occurred during the encounter so that the
person can make an informed decision whether to file
the complaint.

report / complaint

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All county prosecutors may, and indeed
should, use available \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
funds for the critical function of
relocating victims and witnesses
deemed necessary to protect those
individuals against intimidation.

forfeiture

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Almost _________________ % of people with
Alzheimer’s disease will wander and
become lost.

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AMBER Alerts are intended to be issued
when there is reason to believe that a
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has been abducted and
may be in danger of death or serious
bodily injury.

child

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The automated pretrial risk-assessment
process does not account for a
defendant’s involvement in the
____________________ justice system.

juvenile

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The automated pretrial risk-assessment
process produces a Public Safety
Assessment (PSA) that provides three
pretrial risk indicators: a six-point “failure-toappear”
(FTA) scale, a six-point “new
criminal activity” (NCA) scale, and a “new
____________________ criminal activity (NVCA)” flag.

violent

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Charging by complaint-_________________ rather
than by complaint-__________________ generally
would be appropriate when the facts
known at the time of the charging
decision reliably indicate that the
defendant requires no monitoring or
only minimal monitoring upon release.

summons / warrant

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The chief executive of every law enforcement agency operating under the authority of the laws of the State of New Jersey shall take such steps necessary to ensure that every sworn officer assigned to patrol duty, every sworn officer who directly supervises officers
assigned to patrol duty, and every sworn officer whose duties include investigating the circumstances of or related to a domestic violence incident receives the computer/web-based training developed pursuant to this subsection. Such officers shall receive training within ________________ days of the training program being made available by the Division of Criminal Justice. A law enforcement officer must complete
the training program before he or she can administer the ODARA.

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The cultural diversity training course
should not merely present factual
information, but rather shall, to the
extent practicable, present and discuss
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (i.e., scenario-based
training) designed to enhance an
officer's decision-making skills.

scenarios

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The decision to activate a Body Worn
Camera (BWC) must be based on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ criteria (e.g., the initiation
of a specified type of police action,
such as a consensual field inquiry, or
the start of an officer's duty shift).

objective

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The decision to issue a complaint-summons or apply for
a complaint-warrant should be informed by the results
of the automated pretrial ______________________-
______________________ process, which is initiated after the
defendant’s fingerprints are taken at a police station
with the Live Scan system. This means that the
complaint-summons versus complaint-warrant decision
ordinarily will be made after the defendant has been
arrested within the meaning of the Fourth Amendment.

risk-assessment

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The determination as to what constitutes a
reasonable period of time to delay the
charging decision while awaiting the results
of the automated pretrial risk- assessment
process following Live Scan fingerprinting
shall be based on the ___________________________
burdens placed on the department by the
delay.

administrative

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The determination whether to apply for
a complaint-\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ under this
directive generally occurs after the
defendant has been arrested,
transported to the police station for
processing, and fingerprinted using the
Live Scan system.

warrant

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An effective deconfliction process involves both
“__________________ deconfliction” (to ensure that agencies
investigating a specific person, group, or business
entity are made aware that another agency is also
investigating that person, group, or business entity)
and “_________________ deconfliction” (to ensure that
planned operations undertaken by two or more law
enforcement agencies do not occur at the same time
and location.

target / event

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Every sworn officer employed on a full- or part-time
basis by a law enforcement agency operating under
the authority of the laws of the State of New Jersey
shall participate in not less than ____________________ credit
hours of qualifying continuing education as defined
in this Directive. Thereafter, such officers shall
participate in not less than ____________________ credit
hours of qualifying continuing education per year.

five / three

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The following criteria shall be met before an AMBER Alert is
activated:
a. There is reason to believe that a child under the age of ________________
has been abducted.
b. There is reason to believe that the abducted child may be in danger
of death or _________________ bodily injury.
c. There is reason to believe that an AMBER Alert would assist in
locating the child considering all relevant circumstances, including
whether there is enough descriptive information available, and the
amount of ___________________ that has elapsed since the child was last seen
and was reported missing.

18 / serious / time

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For the purpose of scoring the ODARA:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ - any act of violence
that involved physical contact with the
index victim or a credible threat of
death made with a weapon displayed in
the presence of the victim.

Assault

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For the purpose of scoring the ODARA:
____________________ - a person who currently is, or
previously was, involved with the defendant
in an intimate relationship. This includes
current or former spouses, current or former
intimate cohabitants, co-parents, and those
currently or formerly in a dating relationship.

Partner

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For the purpose of scoring the ODARA:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ - the
most recent incident in which the
person being assessed assaulted his/her
current or former partner.

Index Assault

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From the law enforcement perspective, the
most important feature of the Bail Reform
Law is that dangerous defendants can be
detained by _______________ order. Consistent
with law enforcement’s core mission, our
principal goal in implementing the new
statute is to protect the _________________________ of
the community, victims, and witnesses.

court / safety

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The general requirement to consult with an
assistant prosecutor or deputy attorney
general does not apply if the most serious
offense for which a defendant is arrested is a
____________________ _____________________ offense other
than one involving domestic violence where
any of the grounds specified in N.J.S.A.
2C:25-2l(a)(l) to (4) apply.

disorderly persons

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If a defendant is arrested for an offense committed
under the laws of another state, or the United States,
and is not charged with an offense under New Jersey
law, the Bail Reform Law does ____________________
____________________, and the agency making the arrest or
having custody of the defendant shall proceed in
accordance with the laws, practices, and procedures
currently in place.

not apply

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If a law enforcement officer or agency making an
arrest has reason to believe that the defendant may
be charged with offenses committed in more than
one county, the officer or agency shall immediately
contact the on-call duty _________________________
_________________________, who shall contact the prosecutor’s
office(s) in the other county(ies) where offenses were
committed to coordinate the charging/pretrial
release decision.

assistant prosecutor

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``` If an officer decides not to provide notification of a BWC activation because it is unsafe or infeasible to do so, the officer shall document the reasons for that decision in a _______________________ and/or by narrating the reasons on the BWC recording. ```

report

If an officer makes an arrest or is conducting an investigation becomes aware that a defendant might attempt to threaten or otherwise intimidate a victim or witnesses, the officer shall promptly communicate those concerns to the __________________ responsible for the case.

prosecutor

If a prosecutor becomes aware of any conduct designed or reasonably likely to threaten or intimidate a victim or witness while the defendant is on pre-trial release, the prosecutor presumptively and immediately shall seek _____________________ of that defendant's release.

revocation

If either the Live Scan system or the Judiciary's automated PSA system is not operational, or if the results of a preliminary automated pretrial riskassessment otherwise are not or will not be available within _____________________ hours of fingerprinting the defendant, an assistant prosecutor or deputy attorney general consulted, may proceed to make the complaint-summons versus complaint-warrant determination.

two

If notification of case-specific victim/witness intimidation concerns is given to the prosecutor, or if a prosecutor otherwise has reason to believe that a defendant or his associates might engage in victim or witness intimidation, the prosecutor must notify the police department before producing _______________________ to defense counsel, if that discovery could reveal the identity of the victim or witness.

discovery

If the BWC malfunctions while out in the field, the malfunction upon its discovery shall be reported to the officer's supervisor as soon as it is ___________________ and practicable to do so.

safe

If the results of an automated pretrial risk assessment are not available because of problems taking the defendant's fingerprints, the assistant prosecutor, deputy attorney general, or supervisory officer shall, when feasible, ascertain the defendant's criminal history by making an _____________________ / CCH or Interstate Identification Index query that does not require fingerprint verification.

NCIC

``` In a child abduction response team activation, the agency receiving the report shall remain the __________________ agency unless or until the county prosecutor determines otherwise. ```

lead

``` In cases involving a sexual offense, the police officer making the arrest shall check the central registry to determine whether the defendant is subject to a _______________________ order issued pursuant to the Sexual Assault Survivor Protection Act. ```

protective

In cases where the defendant is less than ____________________ years old at the time of arrest, before the decision is made whether to issue a complaintsummons or apply for a complaint-warrant, the _________________________ Central Registry shall be checked to determine whether the defendant has a juvenile record that might have a material bearing on the charging/pretrial release decision.

28 / Juvenile

A ____________________-____________________, in contrast, generally should be sought when the defendant poses a moderate or high risk of flight, new criminal activity or violence, or threat to the criminal justice process that should be managed by monitored release conditions, if not by the defendant's pretrial detention.

complaint-warrant

In determining whether to apply for a complaint-summons or a complaint-warrant in domestic violence cases, the police officer or assistant prosecutor or deputy attorney general or supervisory officer shall give special consideration to the following circumstances relevant to the risks that would be posed to the victim if defendant were to be released on a complaint-summons: o whether the victim exhibited signs of _______________, and the extent of such injury; o whether any type of _______________ was used against the victim, or was threatened to be used; o whether the defendant has at any time previously violated a temporary or final ___________________ _________________, cf. subsection 4.5.2 (creating a presumption of applying for a complaint-warrant if the present offense was committed in violation of a restraining order or release condition), and the nature and seriousness of such previous violation(s); o there is reason to believe that the defendant possesses one or more __________________ that for practical or other reasons cannot be seized or surrendered pursuant to the Prevention of Domestic Violence Act before the defendant's release from custody on a complaint-summons.

injury / weapon / restraining order/ | firearms

In determining whether to overcome the presumption of issuing a complaintsummons, a prosecutor or supervisory officer designated may consider ____________________ records as part of the totality of relevant circumstances.

expunged

In regards to New Jersey's safe haven protection act, a law enforcement officer shall ask the person who delivers an infant to the police station whether that person is the ___________________, whether the infant is no more than ________________ days old, whether the infant is being delivered voluntarily, and whether the parent intends to return for the infant.

parent / 30

``` In the event of a ___________________ alert from a deconfliction query, it shall be the affirmative responsibility of the agency making the query to reach out to the other interested agency to determine how best to resolve the conflict alert. ```

conflict

In the event that a BWC captures the image of a patient in a _________________ _________________ treatment facility, the County Prosecutor or designee, or Director of the Division of Criminal Justice or designee, shall be notified.

substance abuse

In the event that the charging decision is made without the benefit of a preliminary automated risk assessment, when determining whether to overcome a presumption of issuing a complaint-summons, the assistant prosecutor, deputy attorney general, or designated supervisory officer shall give special consideration to the interest of public ______________________ served by providing the pretrial services program with an opportunity to conduct an objective assessment and to make recommendations as to any conditions that may be needed to manage the risks that would be posed by defendant's release.

protection

It is acknowledged that ____________________ can include physical contact. However, with a very limited exception, ____________________ constitutes a petty disorderly persons offense and, for that reason, does not fall within the realm of the Bail Reform Law, N.J.S.A. 2C:162-16 to -26. For this reason, ____________________ has not been included in the list of offenses triggering a mandatory assessment under the ODARA.

harassment / harassment / harassment

It is essential that prosecutors provide this advance notice to police officers because defendants often first learn (or discern) the identity of victims or witnesses through discovery. Police officers therefore must have advance notice, before discovery is provided to a defendant, so they can take all necessary steps to ________________, protect, and/or _______________________ any victims or witnesses who face potential intimidation.

warn / relocate

It is necessary to engage officers in training that enables them to explore why those policies and protocols are needed to enhance their relationship with the citizens they protect and serve. The concerns, ideals, and values candidly expressed at community-outreach events must be ingrained in the ____________________ of modern policing, and thus must be shared with every officer in every duty assignment.

culture

A law enforcement agency shall apply for a complaint-warrant if there is reason to believe that the present offense (1) constitutes a violation of any ____________________ violence restraining order or release condition, or (2) constitutes a violation of any ____________________ Assault Survivor Protection Act order or release condition, unless an assistant prosecutor or deputy attorney general consulted, or a supervisory officer who is authorized by the County Prosecutor to overcome presumptions, determines that the presumption of charging by complaint-warrant is overcome, giving special consideration to the interests and opinion of the victim and whether mandatory detention for up to 48 hours would exacerbate the situation or discourage the victim from cooperating with the investigation or prosecution.

domestic / Sexual

``` Law enforcement officials, community and religious leaders, and citizens alike have spoken out with one voice about a vexing challenge: the pervasive and deeply destructive practice of victim and witness intimidation, including tampering and _______________________. ```

retaliation

``` Monetary bail remains an available option under the Bail Reform Law, but only as a _____________________ ____________________ when the court finds that release on non-monetary conditions will not reasonably assure the defendant's appearance in court when required. ```

last resort

Most commonly applicable, N.J.S.A. 2C:28-5 proscribes a broad range of conduct that includes acts of tampering and retaliation. ______________________ involves causing a person - during an official proceeding or investigation to: o Testify or inform falsely; o Withhold any testimony, information, document or thing; o Elude legal process summoning him to testify or supply ____________________;

Tampering / evidence

``` Much of the decision-making framework in our new bail reform system is guided by a risk assessment instrument, known as the ______________________ ______________________ Assessment or "PSA." ```

Public Safety

The new law, P.L. 2016, c. 23, requires the Department of Law and Public Safety to create or identify a uniform _____________________ ____________________ training course to promote positive interaction with, and community outreach to, all residents within a community, including residents of all racial, ethnic, and religious backgrounds and lesbian, gay, bisexual, and transgender individuals.

cultural diversity

Nothing shall be construed to authorize delay to the extent that the defendant is not presented to a judge or other judicial officer within ____________________ hours of arrest as required by Rule 3:4-1.

An officer equipped with a BWC shall be responsible for determining that the device is fully functional and that its battery is adequately charged at the start of the officer's duty shift and before going into the field. If a malfunction is detected, the officer shall report the malfunction to a ____________________ before going into the field.

supervisor

One of the significant practical consequences of the initial charging decision is that when a complaint-warrant is issued by a judge or other authorized judicial officer, the defendant must be taken to a county jail, where he or she will be held for up to ____________________ hours.

``` A person commits the offense of _______________________ when, through an unlawful act, he or she harms another person in retaliation for or on account of that person's service as a witness or informant. ```

retaliation

Police officers in this State should be aware of and watchful at all times for the indicators of human trafficking activity. Vigilance by law enforcement officers is especially important when their duties bring them into contact with the kinds of commercial establishments or places that past experience has shown, may be used to harbor and conceal human trafficking activities, such as "strip clubs" and other sexually oriented businesses, massage parlors, or nail salons. By way of example, a police officer should know to take note if he or she were to see evidence that suggests that persons are ________________ or _________________ at a commercial establishment that is not ordinarily considered to be a residential premise.

sleeping / living

Police officers must be aware that the ________________________ system is designed to capture victim contact information through a separate tab so that this information will be accessible to the judiciary (but not defense counsel) solely for the purpose of generating automated victimnotification communications, and will not be shared with anyone other than the prosecutor.

eCDR

Police officers who issue complaintsummonses and apply for complaintwarrants must ensure that information that identifies the names and addresses of victims and civilian witnesses is not included in _________________________ reports.

PLEIR

____________________ policing, after all, is more than having uniformed officers walk a beat. Rather, it is an overarching strategy that depends on collaboration between police departments and community groups to identify and solve local neighborhood problems.

Community

Prosecutors and police officers across the state must use anonymous ______________________- such as "John Doe" or "Jane Doe" (whose true identity is known to law enforcement) and "Victim # 1," or "Witness #2,"or some other anonymized moniker - when referencing victims and witnesses where the potential exists for intimidation.

pseudonyms

``` The PSA is objective and standardized, and was developed based upon analysis of empirical data and risk factors pertinent to an individual's failure to appear in court and the level of _______________________ to the community while on release. ```

danger

____________________ query means the process of using an automated deconfliction system in accordance with the procedures and protocols prescribed by the Director of the Division of Criminal Justice pursuant to the Directive to determine whether any other law enforcement agency has a shared interest in a person, group, vehicle, business entity, premises, or location that pertains to a planned operation or investigation, or whether any other agency is planning to conduct an operation contemporaneous with and in close proximity to an operation planned by the agency making the query.

Deconfliction

Rule 3:2-1 (c) provides that when a complaintsummons is issued "all available investigative reports shall be forwarded by law enforcement to the prosecutor within _________________ hours." And it provides that when a complaint-warrant is issued "all available investigative reports shall be forwarded by law enforcement to the prosecutor _______________________ upon issuance of the complaint."

48 / immediately

Some physical clues for people who have Alzheimer's disease include a ________________ facial expression; unsteady walk/loss of balance; age (common age of onset 65+); repeats questions; has inappropriate clothing for the season; and has a __________________ Return Identification.

blank / Safe

Specific topics relevant to the general goal of enhancing police-community relations may include, but need not be limited to: _______________________ techniques; cultural diversity and cultural awareness; racial profiling/racially-influenced policing; implicit bias; ____________________ resolution; communications skills; ____________________ intervention training and responding to persons with special needs (e.g., mental health issues); and investigating bias crimes.

de-escalation / conflict / crisis

``` The standard for witness intimidation notification is intended to be comparable to the "specific and articulable facts warranting heightened ______________________" standard used in New Jersey search and seizure case law. ```

caution

The statute requires the uniform cultural diversity course to include instruction on: o the various cultural communities and the effects of ____________________ on community relations within a community; o appropriate methods by which an officer may interact with people of various cultures and religions in the community, with an emphasis on officer ____________________ skills and ____________________ resolution techniques; o best practices in law enforcement techniques when analyzing and solving local neighborhood problems, meeting with community groups, and working with citizens on crime prevention programs; and o the impact that police diversity skills have on overall law enforcement effectiveness.

diversity / safety / conflict

To ensure that all citizens are treated uniformly when officers decide to electronically record an encounter, the department's policy, standing operating procedure, directive, or order must limit the _____________________ of officers in the field.

discretion

Under the criminal justice reform, a defendant need be charged by complaint-warrant only when some release condition or conditions are appropriate to manage the risk of ___________________, the risk to the ____________________ of the community, witnesses, and victims, and/or the risk that defendant will _______________________ the criminal justice process.

flight / safety / obstruct

Under the safe haven law, an officer should immediately make a visual _____________________ of the infant for readily apparent signs of abuse or neglect.

assessment

A uniformed officer equipped with a BWC shall be required to activate the device as soon as it is safe and practicable to do so when the officer initiates an investigative ____________________, the officer is responding to a call for service and is at or near the location to which the officer has been dispatched, and the officer is conducting a motorist aid or community ______________________ check.

detention / caretaking

``` Unlike the PSA, which is an automated process, the ODARA is administered ____________________ by law enforcement officers through an interview with the victim and/or others and a review of the defendant's criminal history and related records. ```

manually

Upon receipt of any complaint from a victim or witness, or upon receipt of any information indicating the reasonable probability of witness intimidation, an officer shall be assigned to conduct a _____________________ _______________________ and an investigation into the allegations of any wrongful conduct.

threat assessment

When a law enforcement officer makes an arrest or otherwise develops probable cause to believe that the crime of human trafficking has been or is being committed, the arresting officer or another member of the officer's agency shall ________________ __________________ the matter to the designated County Prosecutor's Office Human Trafficking Liaison.

immediately report

When a law enforcement officer operating under the authority of the laws of the State of New Jersey makes an arrest for any __________________________ crime, or for a disorderly persons offense involving domestic violence, the officer shall contact the appropriate County Prosecutor's office, or the Division of Criminal Justice where appropriate, as soon as it is safe and feasible to do so.

indictable

When considering an amber alert activation in family abduction cases, the law enforcement officials should consider the following specific circumstances, when information about these circumstances is available: a. Whether any threats of ________________ to the child were made by the abductor at any time before the abduction, or during the course of the abduction (including implied threats such as "if I can't have custody, then no one will"); b. Any past history of ___________________ by the abductor directed against the child, or abuse or neglect of the child, or any other child.

harm / violence

``` Whenever pre-trial release conditions are necessary to protect victims or witnesses from potential intimidation, the prosecutor must apply for a complaint- ____________________ so that the court may impose such conditions on the defendant. ```

warrant

``` When searching for a person with Alzheimer's Disease who is lost or has wandered, remember most are found within _________________ mile of their last location. ```

1/2

When you approach a person you believe has or may have Alzheimer's disease, ask for identifying information. In addition, look for a _________________ _________________ bracelet, necklace, lapel pin, key chain, or label inside their clothing collar. Safe return identification provides the first name of a person bearing this ID, indicates that he or she has a memory impairment, and gives the 24- hour toll-free number for the Alzheimer's Association's Safe Return Program.

safe return

Where an officer or another member of the officer's agency pursues the investigation of a possible violation of N.J.S.A. 2C:13-8 without referring the matter to the County Prosecutor's office or the Division of Criminal Justice for investigation by the County Prosecutor or division, the agency shall, within ____________________ hours of initiating its investigation, notify the County Prosecutor's human trafficking liaison that a human trafficking investigation has been initiated, the circumstances that prompted the investigation, and the results of the investigation to date.

AG Guidelines Set 4 of 4 Flashcards

(79 cards)