Criminal Digest Flashcards

(126 cards)

1
Q

______________- with respect to a controlled dangerous

substance, means to produce, prepare, propagate, compound, convert, or process a controlled dangerous substance:

A

Manufacture

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2
Q

A member of the organized ________ may not be arrested on any process not issued by a military authority while going to, remaining at, or returning from a place that the member is required to attend for litany duty.

A

Militia

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3
Q

________________An out of court statement which is offered at trial, by someone who heard it, to establish the truth of the matter asserted in the statement. What the witness heard another person say. Generally inadmissible but can be admissible if certain exceptions apply, such as prior statements, excited utterances, dying declarations, statement against interest, etc.

A

Hearsay evidence

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4
Q

______________ is testimony about a relevant fact by a witness describing what he saw or knows of his own knowledge.

A

Direct evidence

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5
Q

_______________-means a person who:

(1) is using a controlled dangerous substance; and
(2) is in a state of psychological or physical dependence, or both,
that: (i) arises from administration of that controlled dangerous substance on a continuous basis; and
(ii) is characterized by behavioral and other responses that include a strong compulsion to take the substance on a continuous basis in order to experience its psychological effects or to avoid the discomfort of its absence.

A

Drug dependent person

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6
Q

__________________ A statement made by a declarant while believing his death was imminent, concerning the cause or circumstances of what the declarant believed to be his impending death, is admissible if the declarant is now unavailable as a witness. The courts have held that it is reasonable to assume that an individual who knows he is going to die is more likely to tell the truth than if he is in perfect health and under oath.

A

Dying Declarations

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7
Q

_____________- is the taking, seizing, or detaining of the person of another by touching or putting hands on him; or by any act that indicates an intention to take him into custody that subjects him to the actual control and will of the person making the arrest; or by the consent of the person to be arrested.

A

Arrest

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8
Q

__________________ Testimony given as a witness in any proceeding, or in a deposition taken in compliance with law, if the party against whom the testimony is now offered had an opportunity and motive to develop that testimony, and of the declarant is now unavailable as a witness.

A

Former testimony

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9
Q

_______________- means equipment, a product, or material that is used, intended for use, or designed for use, in: (i) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, CDS (ii) injecting, ingesting, inhaling, or otherwise introducing into the human body a CDS (i) a kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a CDS (ii) a kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a CDS; (v) a scale or balance used, intended for use, or designed for use in weighing or measuring a CDS (vii) a separation gin or sifter used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (viii) a blender, bowl, container, spoon, or mixing device used

A

Drug paraphernalia

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10
Q

__________________-does not require police to stop a person who enters a police station and states that he wishes to confess to a crime, or a person who calls the police to offer a confession or any other statement he desires to make

A

Voluntary confession

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11
Q

In reference to evidence ____________ matters pertaining to the issue through medium of persons qualified to testify

A

Competent

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12
Q

_________________- includes to prescribe, administer, package, label, or compound a substance for delivery.

A

Dispense

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13
Q

A relative of a child under ______ who knows that another person is the lawful custodian of the child may not:

(1) abduct, take, or carry away the child from the lawful custodian to a place within this State;
(2) having acquired lawful possession of the child, detain the child within this State for more than 48 hours after the lawful custodian demands that the child be returned;
(3) harbor or hide the child within this State, knowing that possession of the child was obtained by another relative in violation of this subsection; or
(4) act as an accessory to an act prohibited by this section.

A

16

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14
Q

The state or law enforcement has between 24 hours and _________ days after receiving a report of suspected neglect or suspected mental injury of a child who lives in this state to see the child, attempt to have an on-site interview with the caretaker and conduct an investigation.

A

5 days

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15
Q

________________ Given in relation to scientific, professional or technical matter by experts qualified to speak with authority by reason of their special training, skill or familiarity with subject at issue.

A

Expert Evidence

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16
Q

_______________ sworn statement

A

Testimonial Evidence

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17
Q

______________ is the indirect evidence, that from which something may be inferred

A

Circumstantial evidence

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18
Q

_________________ That which is so strong and convincing as to overbear all proof to the contrary beyond any reasonable doubt.

A

Conclusive Evidence

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19
Q

__________________ Not deemed sufficient unless corroborated by another witness, not an accomplice

A

Accomplice’s evidence

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20
Q

True or False: For purposes of criminal charges, there is no difference between an accessory before the fact and a principal. An accessory before the fact may be charged, tried, convicted, and sentenced for a crime regardless of whether the principal in the crime has been convicted or even charged with that crime.

A

True

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21
Q

How many schedules of controlled dangerous substances are there?

A

5

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22
Q

_____________________-means a studious and serious inquiry, examination, investigation, or experimentation designed to discover or accumulate data, theories, technologies, or applications for a governmental, scientific, educational, or proprietary purpose.

A

Research

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23
Q

True or False: When possible, the victim of the crime and the person accused should confront each other. Important admissions or identifications are often obtained this way.

A

True

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24
Q

Complete, accurate, truthful, convincing ________________, and plenty of it, is what secures convictions.

A

Evidence

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25
_____________ and their attendants, ambassadors, diplomatic agents, public ministers, their attendants, household and retinue are exempt from arrest, entry of their houses, or subjection to the process of late of the country visited.
Friendly foreign sovereigns
26
__________________ requires no explanation, merely identification of photographs, X-rays, knife, bullet, etc.
Physical evidence
27
__________ The amount of proof which would satisfy an unprejudiced mind beyond a reasonable doubt
Legally Sufficient Evidence
28
True or False: In reference to dying declarations If the victim is about to die, and does not believe it, a doctor should be requested to tell him so. If he still refuses to admit his belief in near death, the statement cannot be admitted as evidence. It should be taken anyhow.
True
29
_________________- means a structure any part of which has been adapted for overnight accommodation of an individual, regardless of whether an individual is actually present. It includes a kitchen, shop, barn, stable, or outbuilding that is a parcel to, belongs to, or adjoins the residence.
Dwelling
30
Children between 7 and 13 years are presumed incapable of criminal intent, but the strength of that presumption decreases as a child approaches ________.
13
31
____________________- means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient’s medical condition.
Bona fide physician–patient relationship
32
_________________-means a building, structure, aircraft, watercraft, or vehicle, and each: 1. separately secured or occupied portion of it; and 2. structure appurtenant or connected to it. Includes a trailer and a sleeping car.
Enclosure
33
___________________ A conclusion of what the witness thinks, believes, or infers in regard to the fact at issue.
Opinion Evidence
34
_______________ More evidence proving a point already | established.
Cumulative Evidence
35
True or false: A defendant is presumed to be innocent of a crime charged unless the contrary can be proved.
True
36
_______________________-means any professional employee of any correctional, public, parochial or private educational, health, juvenile service, social or social service agency, institution, or licensed facility.7
Educator or human service worker
37
_____________________- A court may take judicial notice of facts that are either generally known within the jurisdiction or capable of accurate and ready determination by referring to sources whose accuracy cannot reasonably be questioned: the explosive nature of gasoline; the sun rises in the east; name of the President, etc.
Judicial notice
38
______________- means using a dog to train a fighting dog or to test the fighting or killing instinct of another dog.
Baiting
39
______________- means an enclosure or separately secured yard, pad, pond, laboratory, pasture, or pen used to conduct research, house research subjects, or store supplies, records, data, prototypes, or equipment necessary to or derived from research.
Research facility
40
Within ________ days after the local department or law enforcement agency receives the first notice of suspected abuse of a child who lives in this State that is alleged to have occurred in this State, the local department or law enforcement agency shall report to the local State’s Attorney the preliminary findings of the investigation.
10
41
____________________- means the unnecessary or unjustifiable physical pain or suffering caused or allowed by an act, omission, or neglect. Including torture or torment.
Cruelty
42
What are the three classifications of evidence according to Black’s Law Dictionary?
- Direct - Circumstantial - Physical
43
To be charged as accessory _______________, the accessory must take some action to assist the felon avoid the consequences of his crime, and must not be guilty of the underlying felony as a principal.
After the fact
44
____________________ is a plan or understanding between two or more persons to commit an unlawful act. The crime is complete when the agreement is entered into.
Conspiracy
45
__________ opposite of relevant
Irrelevant Evidence
46
In reference to evidence the _____________ affects fact or issue in case significantly
Material
47
____________________ It is not permitted to be presented in relation to the particular matter at issue, due to the lack of originality or of some defect in the witness, document or of the evidence itself.
Incompetent Evidence
48
Possession of less than 10 grams of marijuana is a ______________ offense
Civil
49
_________________- means property, regardless of value, related to research in a research facility. Includes a sample, specimen, research subject, record, data, test result, or proprietary information.
Research property
50
In a criminal action no person can be compelled to testify against __________.
Himself
51
______________________- means (1) a hypodermic syringe, needle, or any other object or combination of objects adapted to administer a controlled dangerous substance by hypodermic injection; (2) a gelatin capsule, glassine envelope, or other container suitable for packaging individual quantities of a controlled dangerous substance; or (3) lactose, quinine, mannite, mannitol, dextrose, sucrose, procaine hydrochloride, or any other substance suitable as a diluent or adulterant.
Controlled paraphernalia
52
“Caregiver” means an individual designated by a patient with a debilitating medical condition to provide physical or medical assistance to the patient, including assisting with the medical use of marijuana, who (List 9):
A. is a resident of the State; B. is at least 21 years old; C. is an immediate family member, a spouse, or a domestic partner of the patient; D. has not been convicted of a crime of violence E. has not been convicted of a violation of a State or federal controlled dangerous substances law; F. has not been convicted of a crime of moral turpitude; G. has been designated as caregiver by the patient in writing that has been placed in the patient’s medical record prior to arrest; H. is the only individual designated by the patient to serve as caregiver; and I. is not serving as caregiver for any other patient
53
________________ Strengthening or confirming, also additional evidence of a different character in support of the same point.
Corroborative Evidence
54
_______________ means a written charging document that a police officer or Fire Marshal issues to a defendant, alleging the defendant has committed a crime
Citation
55
A police officer may charge a defendant by citation only if:
(I)the officer is satisfied with the defendant’s evidence of identity; (ii) the officer reasonably believes that the defendant will comply with the citation; (iii) the officer reasonably believes that the failure to charge on a statement of charges will not pose a threat to public safety; (iv) the defendant is not subject to arrest for another criminal charge arising out of the same incident; and (v) the defendant complies with all lawful orders by the officer
56
The basic distinction in Maryland’s law of arrest is that between a _____________ and a _____________.
Felony | Misdemeanor
57
True or False: When the written statement is not in the handwriting of the person making it, the following phrase, or one substantially like it, should be added: “I have read the above statement consisting of ____pages, and I wish to state that the facts and matters therein contained are true and correct”.
True
58
_________________ is “any species of proof, or probative matter, legally presented at the trial of an issue by the act of the parties and through the medium of witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention”
Evidence
59
________________ Supplied by writing and documents by which ideas are represented on material substances relative to the fact at issue.
Documentary Evidence
60
Under Maryland common law, the infancy defense is a complete defense to the criminal prosecution of children under _______ years, because they are conclusively presumed incapable of criminal intent.
7
61
A parent or other person who has permanent care or custody or responsibility for the supervision of a minor shall report the death of the minor to the appropriate law enforcement agency or medical authority within _______ hours of becoming aware of the death.
5
62
What are the four elements that constitute a legal arrest?
1. An intent to arrest 2. Under real or pretended authority 3. Accompanied by a seizure or detention of the person 4. Which is understood by the person arrested
63
______________ Good and sufficient on its face; and if not rebutted or contradicted, will remain sufficient.
Prima Facie Evidence
64
_____________________- means the Department’s confidential computerized data system that contains information regarding child abuse and neglect investigations and assessments.
Centralized confidential database
65
___________________ refers to the defendant’s reputation as spoken of or discussed in the community in which he lives, not among a few business associates.
Character evidence
66
A federal law enforcement officer may make an arrest with or without a warrant for violations of the _____________ and carry firearms in the performance of the officer’s duties.
United States Code
67
In reference to evidence ______________tends to establish the fact at issue
Relevant
68
___________________- means an instrument or device issued by an issuer for the use of a cardholder in obtaining money, goods, services, or anything of value on credit.
Credit card
69
________________ does not include a check, draft, or similar paper instrument.
Credit card
70
_____________- means a business organization or financial institution that issues a credit card or the authorized agent of the business organization or financial institution.
Issuer
71
_________________- means a credit card that lacks any stamped, embossed, imprinted, or written matter, other than the signature of the cardholder, that an issuer requires to appear on a credit card before a cardholder can use the credit card.
Incomplete credit card
72
____________________- means to complete a credit card without the authorization of the issuer named on the credit card by adding any of the matter, other than the signature of the cardholder, that the issuer requires to appear on a credit car before it can be used by a cardholder.
Falsely emboss
73
_________________-to make or draw, wholly or partly, a device or instrument that purports to be a credit card but that is not a credit card because an issuer did not authorize the making or drawing; or to alter a credit card that was validly issued.
Falsely make
74
__________________- means a conveyance to which the public or a portion of the public has access to and a right to use for transportation. Includes an airplane, vessel, bus, railway car, school vehicle, and subway car.
Public conveyance
75
If a petitioner has requested notification of the service of a protective order, the Department of_______________________ shall: (i) notify the petitioner of the service on the respondent of an interim or a temporary protective order within one hour after a law enforcement officer electronically notifies the Department of Public Safety and Correctional Services of the service
Public Safety and Correctional Services
76
A temporary protective order hearing shall be held on the first or second day on which a District Court judge is sitting after issuance of the _________ protective order.
Interim
77
An interim protective order shall include in at least ______–point bold type
10
78
Within ______hours after service of the order on the respondent, electronically notify the Department of Public Safety and Correctional Services of the service.
2
79
For temporary protective orders the person eligible for relief appears on the lease or deed to the home or the person eligible for relief has resided in the home with the respondent for a period of at least ________ days within 1 year before the filing of the petition.
90
80
Temporary protective orders shall be effective for not more than _______ days after the service of the order.
7
81
The judge may extend the temporary protective order as needed, but not to exceed ____ months.
The judge may extend the temporary protective order as needed, but not to exceed 6 months,
82
If the court is closed on the day on which the temporary protective order is due to expire, the temporary protective order shall be effective until the _______________on which the court is open, by which time the court shall hold a final protective order hearing.
Second day
83
The judge may issue mutual final protective orders only if the judge makes a detailed finding of fact that (list 2):
1. both parties acted primarily as aggressors; and | 2. neither party acted primarily in self–defense.
84
A final protective order shall be effective for the period stated in the order not to exceed ____ year.
1
85
If the petition is executed properly the emergency facility shall accept the emergency evaluee within ______ hours after an emergency evaluee is brought to a an emergency facility.
6
86
Promptly after the examination, the emergency evaluee shall be released unless the emergency evaluee (list 2):
(i) Asks for voluntary admission; or | (ii) Meets the requirements for involuntary admission.
87
An emergency evaluee may not be kept at an emergency facility for more than ______ hours.
30
88
____________________- means one or more persons demonstrating, picketing, speech making, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. Does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.
Demonstration
89
________________- means a handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or any other firearm, whether loaded or unloaded. (ii) “Firearm” does not include an antique firearm
Firearm
90
A person may not have a firearm in the person’s possession or on or about the person at a demonstration in a public place or in a vehicle that is within ___________feet of a demonstration in a public place after: (i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; (ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.
1,000
91
__________________-means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.
Ammunition
92
___________________- (a) In this subtitle the following words have the meanings indicated. (b) “Antique firearm” means: (1) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar ignition system, manufactured before 1899; or (2) a replica of a firearm described in item (1) of this subsection that: (i) is not designed or redesigned to use rim fire or conventional center fire fixed ammunition; or (ii) uses rim fire or conventional center fire fixed ammunition that is no longer manufactured in the united states and is not readily available in the ordinary channels of commercial trade.
Antique firearm
93
________________- does not include a shotgun, rifle, or antique firearm.
Handgun
94
________________- means a pistol, revolver, or other firearm capable of being concealed on the person. Includes a short-barreled shotgun and a short- barreled rifle.
Handgun
95
Antique firearm” means a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar ignition system, manufactured before _______
1899
96
_________________- means a weapon that is: (1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and (2) designed or redesigned, and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
Rifle
97
________________- (1) a shotgun that has one or more barrels less than 18 inches long; or (2) a weapon that has an overall length of less than 26 inches long and was made from a shotgun, whether by alteration, modification, or otherwise.
Short barreled shotgun
98
___________________-means a device that, when installed in or attached to a firearm, fires both when the trigger is pulled and on release of the trigger.
Binary trigger system
99
___________________- means a device that, when installed in or attached to a firearm, increases the rate of fire of the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger.
Bump stock
100
_________________- means a device that, when installed in or attached to a firearm, allows the firearm to discharge two or more shots with a single pull of the trigger by altering the trigger reset.
Burst trigger system
101
If a parent, guardian, or custodian fails to bring the child before the court when requested, the court may issue a ___________________ directing that the child be taken into custody and brought before the court.
Writ of attachment
102
If a law enforcement officer takes a minor into custody, the law enforcement officer or the officer’s designee shall make a reasonable attempt to notify the parent or guardian of the minor within ______hours of the arrest of the minor.
48
103
A person may not, without color of right: (i) forcibly abduct, take, or carry away a child under the age of ______ years from: 1. the home or usual place of abode of the child; or 2. the custody and control of the child’s parent or legal guardian; (ii) without the consent of the child’s parent or legal guardian, persuade or entice a child under the age of 12 years from: 1. the child’s home or usual place of abode; or 2. the custody and control of the child’s parent or legal guardian; or (iii) with the intent of depriving the child’s parent or legal guardian, or any person lawfully possessing the child, of the custody, care, and control of the child, knowingly secrete or harbor a child under the age of 12 years.
12
104
A person may not, by force or fraud, kidnap, steal, take, or carry away a child under the age of _____ years.
16
105
If the state intends to seek a sentence of imprisonment for life without the possibility of parole under sub-subparagraph (i) of this subparagraph, the state shall notify the person in writing of the state’s intent at least _______ days before trial.
30
106
A qualifying patient (for marijuana) may designate an individual ________ years or older to serve as a caregiver by logging onto the Commission website.
21
107
If an individual attempts to use a qualifying patient or caregiver identification card to whom it has not been issued, any registered dispensary agent to who it is offered shall confiscate it and initiate the return of the card to the Commission within ______ business days.
5
108
“Under the influence of alcohol per se” mean shaving an alcohol concentration at the time of testing of at least _______ as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
0.08
109
_______________- the interstate transportation of stolen vehicles a federal crime
Dyer Act
110
An individual who is under the age of 18 years may not use a wireless communication device while operating a motor vehicle. If the Administration receives satisfactory evidence that an individual has violated this section, the Administration may suspend the individual’s driver’s license for not more than _____ days
90
111
The death penalty was repealed in Maryland by Chapter 156 (Senate Bill 276) of the Acts of the General Assembly of ________ (year).
2013
112
__________________- “the unlawful and felonious killing of another, without malice aforethought, either express or implied, and is either voluntary or involuntary homicide, depending upon the fact whether there was an intention to kill or not. ” Selby v. State
Manslaughter
113
____________________ “an intentional homicide, done in a sudden heat of passion, caused by adequate provocation, before there has been a reasonable opportunity for the passion to cool. ” Selby v. State
Voluntary Manslaughter
114
________________- is an “unintentional killing done without malice, by doing some unlawful act endangering life, or in negligently doing some act lawful in itself, or by the negligent omission to perform a legal duty. ” Selby v. State
Involuntary Manslaughter
115
True or False: If any person be feloniously stricken or poisoned in one county, and die of the same stroke or poison in another county, the offender shall be tried in the court within whose jurisdiction such county lies where the stroke or poison was given.
True
117
Each child who resides in this State and is ____years old or older and under _____ shall attend a public school regularly during the entire school year.
6 | 16
118
____________________- means the transmission of information, data, or a communication by the use of a computer or any other electronic means that is sent to a person and that is received by the person.
Electronic mail
119
______________________- means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a system that provides access to the Internet and cellular phones.
Interactive computer service
120
_______________- includes to take, carry away, appropriate to a person’s own use or sell, convey, or transfer title to an interest in or possession of property.
Exert control
121
_____________________- means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server.
Interactive computer service
122
____________- means an object that, because of its size, shape, or other quality, can be deposited or inserted in a vending machine as an improper substitute for the payment required to operate the vending machine.
Slug
123
____________- means domination and influence amounting to force and coercion exercised by another person to such an extent that a vulnerable adult or an individual at least 68 years old was prevented from exercising free judgment and choice.
Undue influence
124
_______________- means a person whose name appears on a check as the primary obligor, whether the actual signature on the check is that of the person or of another purportedly authorized to draw the check on the person’s behalf.
Drawer
125
__________________-means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.
Nunchaku
126
_____________- means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.
Star knife
127
_____________- includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.
Weapon