421 Crimes v. Persons PDF

421 Crimes v. Persons Learning objectives 1 2 3 4 Identify and discuss the Identify and describe Identify specific items Identify basic practices elements of the offense the duties of the of e...

421 Crimes v. Persons Learning objectives 1 2 3 4 Identify and discuss the Identify and describe Identify specific items Identify basic practices elements of the offense the duties of the of evidence that might related to conducting for the crime of field/investigating be found at the scene an investigation of robbery. officer responding to of a robbery and felony assault. an alleged robbery at explain the value of the preliminary stage. each. Learning objectives 1 2 3 4 5 Identify basic Identify basic Identify the Identify basic Identify local practices related practices related elements of a practices related resources to conducting an to conducting an hate crime in to conducting an available to assist investigation of investigation of Nebraska. investigation of the public with misdemeanor kidnapping and hate crimes. health and human assault. false services needs. imprisonment. Robbery Robbery NRS 28-324  1) A person commits robbery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever.  (2) Robbery is a Class II felony. 421.1 Robbery Investigation  1st Priority is safety – secure all parties if this is in progress and prevent further injury. Control the scene. Weapons? Victim may be in shock.  Medical – do the involved parties require medical attention?  Contain, but separate witnesses/suspects before they leave the scene. Interviews.  Evidence – Photographs, weapons, video (social media), medical treatment records from hospital. What property was taken? (this could be motive) 421.2 Robbery Investigation  Which elements are supported by the physical evidence, witness statements, suspect statements, video, MEDICAL records, weapons, or social media?  WHY …answering the why may fill in the gaps.  Was this robbery or were they looking for someone else?  Were employees involved?  Are there others with similar M.O.? 421.3 Assaults Assault statutes 1st degree assault NRS 28-308  (1) A person commits the offense of assault in the first degree if he or she intentionally or knowingly causes serious bodily injury to another person.  (2) Assault in the first degree shall be a Class II felony. 421.4 What is serious bodily injury?  Serious bodily injury shall mean bodily injury which involves a substantial risk of death, or which involves substantial risk of serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body Assault statutes 2nd degree assault NRS 28-309  (1) A person commits the offense of assault in the second degree if he or she:  (a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument;  (b) Recklessly causes serious bodily injury to another person with a dangerous instrument; or  (c) Unlawfully strikes or wounds another (i) while legally confined in a jail or an adult correctional or penal institution, (ii) while otherwise in legal custody of the Department of Correctional Services, or (iii) while committed as a dangerous sex offender under the Sex Offender Commitment Act.  (2) Assault in the second degree shall be a Class IIA felony. 421.4 What is a dangerous instrument?  A "dangerous instrument" is any object which, because of its nature and the manner and intention of its use, is capable of inflicting bodily injury. The intent required by this subsection is not an intent to cause bodily injury, but rather an intent to use the dangerous instrument in the manner in which it was in fact used. Dangerous instrument Assault 3rd degree assault NRS 28-310  (1) A person commits the offense of assault in the third degree if he:  (a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or  (b) Threatens another in a menacing manner.  (2) Assault in the third degree shall be a Class I misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it shall be a Class II misdemeanor. 421.5 Assaults  Investigation  1st Priority is safety – separate if assault is in progress and prevent further injury. Control the scene. Weapons?  Medical – do the involved parties require medical attention?  Contain, but separate witnesses/suspects before they leave the scene. Interviews.  Evidence – Photographs, weapons, video (social media), medical treatment records from hospital. 421.4 421.5 Assaults  Investigation  Which elements are supported by the physical evidence, witness statements, suspect statements, video, MEDICAL records, weapons, or social media?  WHY …answering the why may fill in the gaps, especially useful for proving hate crimes. 421.4 421.5 Kidnapping  Elizabeth Smart  On June 5, 2002, 14-year-old Smart was abducted at knifepoint from her bedroom in her family's house in Salt Lake City, Utah. For the next nine months, she was raped daily, tied up, and threatened with death if she attempted to escape. She was rescued by police officers on March 12, 2003, on a public street in Sandy Utah, 18 miles from her home. Two witnesses recognized abductors Brian David Mitchell and Wanda Ileen Barzee from an America’s Most Wanted episode. Jason Jolkowski (19) Missing date: 6/13/2001  Jason was last seen bringing in garbage cans up to his residence. He was leaving to go meet a co- worker at the high school only 8 blocks away to get a ride to work but never arrived. He has not accessed his bank account and has not cashed checks from his employer. He was wearing white "CHICAGO CUBS" or "SAMMY SOSA" t-shirt, black dress pants, blue "CUBS" cap, dress shoes and also carrying red work shirt. Terms (NRS 28-312)  (1) Restrain shall mean to restrict a person's movement in such a manner as to interfere substantially with his liberty:  (a) By means of force, threat, or deception; or  (b) If the person is under the age of eighteen or incompetent, without the consent of the relative, person, or institution having lawful custody of him; and  (2) Abduct shall mean to restrain a person with intent to prevent his liberation by:  (a) Secreting or holding him in a place where he is not likely to be found; or  (b) Endangering or threatening to endanger the safety of any human being. Kidnapping NRS 28-313  (1) A person commits kidnapping if he abducts another or, having abducted another, continues to restrain him with intent to do the following:  (a) Hold him for ransom or reward; or  (b) Use him as a shield or hostage; or  (c) Terrorize him or a third person; or  (d) Commit a felony; or  (e) Interfere with the performance of any government or political function.  (2) Except as provided in subsection (3) of this section, kidnapping is a Class IA felony. 421.6 Kidnapping NRS 28-313  (3) If the person kidnapped was voluntarily released or liberated alive by the abductor and in a safe place without having suffered serious bodily injury, prior to trial, kidnapping is a Class II felony. Kidnapping Investigation  1st Priority is safety – secure all parties if this is in progress and prevent further injury. Control the scene. Weapons? Victim may be in shock. Hostage situation? Specialized units? Negotiator?  Medical – do the involved parties require medical attention?  Contain, but separate witnesses/suspects before they leave the scene. Interviews.  Evidence – Photographs, weapons, video (social media), medical treatment records from hospital. 421.6 Kidnapping Investigation  Which elements are supported by the physical evidence, witness statements, suspect statements, video, MEDICAL records, weapons, or social media?  WHY …answering the why may fill in the gaps.  Why take this victim? Previous relationship, ransom, or revenge?  How were they kept involuntarily? Restraints? False Imprisonment False Imprisonment NRS 28-314  (1) A person commits false imprisonment in the first degree if he or she knowingly restrains or abducts another person (a) under terrorizing circumstances or under circumstances which expose the person to the risk of serious bodily injury; or (b) with intent to hold him or her in a condition of involuntary servitude.  (2) False imprisonment in the first degree is a Class IIIA felony. 421.6 False Imprisonment  NRS 28-315  (1) A person commits false imprisonment in the second degree if he knowingly restrains another person without legal authority.  (2) In any prosecution under this section, it shall be an affirmative defense that the person restrained  (a) was on or in the immediate vicinity of the premises of a retail mercantile establishment and he was restrained for the purpose of investigation or questioning as to the ownership of any merchandise; and  (b) was restrained in a reasonable manner and for not more than a reasonable time; and  (c) was restrained to permit such investigation or questioning by a police officer, or by the owner of the mercantile establishment, his authorized employee or agent; and  (d) that such police officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft of merchandise on the premises; Provided, nothing in this section shall prohibit or restrict any person restrained pursuant to this section from maintaining any applicable civil remedy if no theft has occurred.  (3) False imprisonment in the second degree is a Class I misdemeanor. False Imprisonment Investigation  1st Priority is safety – secure all parties if this is in progress and prevent further injury. Control the scene. Weapons? Victim may be in shock.  Medical – do the involved parties require medical attention?  Contain, but separate witnesses/suspects before they leave the scene. Interviews.  Evidence – Photographs, weapons, video (social media), medical treatment records from hospital. 421.6 False Imprisonment Investigation  Investigation  Which elements are supported by the physical evidence, witness statements, suspect statements, video, medical records, weapons, or social media?  WHY …answering the why may fill in the gaps.  Was this an abduction or detaining for shoplifting?  How were they kept involuntarily? Restraints?  Hate Crimes NRS 28-110  A person in the State of Nebraska has the right to live free from violence, or intimidation by threat of violence, committed against his or her person or the destruction or vandalism of, or intimidation by threat of destruction or vandalism of, his or her property regardless of his or her race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability.  Hate Crimes NRS 28-111 Enhanced penalty  Any person who commits on or more of the following criminal offenses against a person or a person’s property because the person’s race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability or because of the person’s association with a person of a certain race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the criminal offense, unless such criminal offense is already punishable as a Class IB felony or higher classification: 421.7  Hate crimes 28-111 Enumerated offenses  Manslaughter  assault  terroristic threats  stalking  kidnapping  false imprisonment  sexual assault  sexual assault of a child  arson  criminal mischief  Graffiti  criminal trespass  Hate Crimes  NRS 28-112 – It is the burden of the prosecuting attorney to prove the allegations beyond a reasonable doubt  NRS 28-113 – Civil Action authorized  Victim of a hate crime may bring civil action for equitable relief, general and special damages, reasonable attorney’s fees and cost  Must be brought within four years of the violation  In a civil action brought pursuant to the section, the burden of proof, preponderance of the evidence, is on the victim Investigating Hate Crimes  These crimes are investigated like any other crime. Put together the evidence.  Motivation  Always use caution when investigating hate crimes. You will be the first responder.  Some hate groups do not recognize your authority as law enforcement.  Hate itself is not a crime, nor is membership in a group.  Be objective, even when you don’t agree. 421.8 What about white nationalist groups?  Association or a confirmed membership with a white nationalist group absent a criminal offense does not meet the threshold for enhancement of a hate crime. Resources ▪ Nebraska Victims of Crime Alert Portal (NEVCAP) ▪ DHHS ▪ County Attorney’s Office Victim Assistance Program ▪ Protection Order offices ▪ CASA ▪ WCA ▪ Lutheran Family Services ▪ Heartland Family Services 421.9