California Commission on Peace Officer Standards and Training Basic Course Workbook Series PDF

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 7 Crimes Against Persons/Death Investigations Version 5.9 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHAN...

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 7 Crimes Against Persons/Death Investigations Version 5.9 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES  Basic Course Workbook Series Student Materials Learning Domain 7 Crimes Against Persons/Death Investigations Version 5.9 © Copyright 2007 California Commission on Peace Officer Standards and Training (POST) All rights reserved. Published 1998 Revised June 2001 Corrected October 2005 Revised January 2006 Revised July 2007 Correction November 2015 Correction April 2019 This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception: California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California basic course instructional system are allowed to copy this publication for non-commercial use. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in state or out-of- state may purchase copies of this publication, at cost, from POST as listed below: From POST’s Web Site: www.post.ca.gov Go to Ordering Student Workbooks  COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING COMMISSIONERS Joyce Dudley – Chair District Attorney Santa Barbara County Rick Braziel – Vice Chair Educator Humboldt State University Alan Barcelona Special Agent California Department of Justice Lai Lai Bui Sergeant Sacramento Police Department Thomas Chaplin Chief Walnut Creek Police Department Barry Donelan Sergeant Oakland Police Department Robert Doyle Sheriff Marin County Geoff Long Public Member John McMahon Sheriff San Bernardino County Jethroe Moore, II Public Member James O’Rourke Officer California Highway Patrol Batine Ramirez Sergeant Placer County Sheriff’s Department Laurie Smith Sheriff Santa Clara County Walter Vasquez Chief La Mesa Police Department Kevin Gardner Chief Representing Xavier Beccera Director of Division of Law Enforcement Attorney General Ex-Officio Member  THE ACADEMY TRAINING MISSION The primary mission of basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society.  FOREWORD The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this workbook. We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials. This student workbook is part of the POST Basic Course Training System. The workbook component of this system provides a self-study document for every learning domain in the Basic Course. Each workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve. The content of each workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course. It is our hope that the collective wisdom and experience of all who contributed to this workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer. MANUEL ALVAREZ, Jr. Executive Director  LD 7: Crimes Against Persons/Death Investigations Table of Contents Topic See Page Preface iii Introduction iii How to Use the Student Workbook iv Chapter 1: Identifying and Classifying Crimes Related 1-1 to Injury Overview 1-1 Crimes Against Persons 1-3 Report Writing Tip 1-4 Battery 1-6 Assault with a Deadly Weapon or by Means of Force 1-10 Elder or Dependent Adult Abuse 1-13 Chapter Synopsis 1-17 Workbook Learning Activities 1-18 Chapter 2: Identifying and Classifying Crimes Related 2-1 to Kidnapping Overview 2-1 Kidnapping 2-3 False Imprisonment 2-6 Child Abduction without Custodial Right 2-8 Child Abduction with Custodial Right 2-11 Chapter Synopsis 2-13 Workbook Learning Activities 2-14 Continued on next page LD 7: Crimes Against Persons/Death Investigations i Table of Contents, Continued Topic See Page Chapter 3: Identifying and Classifying Crimes 3-1 Related to Robbery Overview 3-1 Robbery 3-2 Carjacking 3-6 Chapter Synopsis 3-8 Workbook Learning Activities 3-9 Chapter 4: Identifying and Classifying Crimes 4-1 Related to Homicide Overview 4-1 Murder 4-2 Manslaughter 4-5 Chapter Synopsis 4-9 Workbook Learning Activities 4-10 Chapter 5: Death Investigations 5-1 Overview 5-1 Death Investigations 5-3 Homicide Investigations 5-16 Suicide Investigations 5-19 Deaths Involving Poison 5-23 Deaths Involving Children 5-24 Chapter Synopsis 5-36 Workbook Learning Activities 5-37 Glossary G-1 ii LD 7: Crimes Against Persons/Death Investigations How to Use the Student Workbook Introduction This workbook provides an introduction to the training requirements for this Learning Domain. It is intended to be used in several ways: for initial learning prior to classroom attendance, for test preparation, and for remedial training. Workbook To use the workbook most effectively, follow the steps listed below. format Step Action 1 Read the first two sections: Preface and How to Use the Workbook, which provide an overview of how the workbook fits into the POST Instructional System and how it should be used. 2 Refer to the overview section at the start of each chapter to review the learning objectives. 3 Read the text. 4 Refer to the Chapter Synopsis section at the end of each chapter to review the key points that support the chapter objectives. 5 Complete the Workbook Learning Activities at the end of each chapter. These activities reinforce the material taught in the chapter. 6 Refer to the Glossary section for a definition of important terms. The terms appear throughout the text and are bolded and underlined the first time they appear (e.g., term). LD 19: Vehicle Operations iii  Preface Introduction Student The student workbooks are part of the POST Basic Course Instructional workbooks System. This system is designed to provide students with a self-study document to be used in preparation for classroom training. Regular Basic Completion of the Regular Basic Course is required, prior to exercising peace Course officer powers, as recognized in the California Penal Code and where the training POST-required standard is the POST Regular Basic Course. requirement Student The following elements are included in each workbook: workbook elements chapter contents, including a synopsis of key points supplementary material a glossary of terms used in this workbook iv LD 7: Crimes Against Persons/Death Investigations  Chapter 1 Identifying and Classifying Crimes Related to Injury Overview Learning need Arrest and successful prosecution depends on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to injury, and to correctly categorize these crimes as misdemeanors or felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will Objective ID be able to: recognize the crime elements required to arrest for: - battery 7.01.2 - assault with a deadly weapon or by means of force 7.01.3 - elder or dependent adult abuse 7.01.6 recognize the crime classification as a misdemeanor or 7.01.7 felony Continued on next page LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-1 Overview, Continue In this chapter This chapter focuses on recalling, classifying, and categorizing crimes related to injury. Refer to the following chart for specific topics. Topic See Page Crimes Against Persons 1-3 Report Writing Tip 1-4 Battery 1-6 Assault with a Deadly Weapon or by Means of Force 1-10 Elder or Dependent Adult Abuse 1-13 Chapter Synopsis 1-17 Workbook Learning Activities 1-18 1-2 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury Crimes Against Persons Introduction The effective investigation of crimes against persons involves apprehending criminals, assisting crime victims, and protecting the community. To be an effectual peace officer, the student must understand how each of these components interconnect. Leadership A peace officer who responds to a call of a crime against a person has to wear many hats. Emergency care for victims, protection of community members against further harm, apprehension of the perpetrator, and preserving the integrity of the scene are all part of the job. Ethics A peace officer responding to a call where a person has been seriously injured at the hands of another may experience many difficult emotions including revulsion, anger, and the desire for revenge. Peace officers and community members share these reactions, which cannot easily be brushed away. It is the peace officer’s job to keep a clear head, bring the situation back to normal as quickly as possible, and avoid the temptation of dispensing street justice or engaging in retaliation. Policing A peace officer must be able to explain how these crimes impact a in the community’s perception of crime, fear, and law enforcement. community LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-3 Report Writing Tip Battery: Ask questions that will bring the observations or thoughts of others into a intent-action- clear picture of what happened. Organize your report in such a way that the result nexus between intent, action, and result makes sense to your audience. 1. Intent (why the willful and unlawful happened): Give accurate and factual details of who said what (victim and suspect quotes). Describe the context or relationship (argument, retribution, heated discussion, debate, etc.) Victim Miller told me that he and the suspect were involved in a minor traffic collision in the intersection of Main Street and Parker Boulevard. Miller said he and the suspect were “arguing over who was at fault.” 2. Action (how the unlawful force of violence happened): Accurately and thoroughly describe the unlawful use of force or violence upon the person of another (fist or foot - right or left, punched, kicked, etc.) Miller told me the suspect was standing approximately four feet from him when the suspect, without warning “punched me in the face.” Miller recalled the suspect used his right fist while simultaneously shouting, “Learn how to drive!” Continued on next page 1-4 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury Report Writing Tip, Continued Battery: 3. Result (what were the bodily injuries, wounds, complaints of pain): intent-action- Describe injuries using measurements (length, width, depth, diameter), result bleeding, colors, swelling. Include complaints of pain using “quotes,” (continued) especially if there are no visible injuries. Remember, photographs are worth a thousand words! I saw an approximate two-inch in diameter dark reddish bruise on victim Miller’s left cheek. The bruise was swollen approximately one-half inch above the surrounding facial skin. I asked Miller if he needed any medical attention and he said, “No, I’ll see my own doctor later.” I took a photograph of victim Miller’s injury. The link In any investigative report, ask questions that will bring observations or thoughts into a clear picture of what happened. Your audience will be using your words to visualize the incident in their own minds. The correlation of intent, action, and result are very important. LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-5 Battery Definitions A battery is any willful and unlawful use of force or violence upon the person of another. Battery causing/inflicting serious bodily injury means a serious impairment or physical condition, including, but not limited to: concussion loss of consciousness bone fracture protracted loss or impairment of any member or organ extensive suturing serious disfigurement Penal Battery is covered under Penal Code Section 242. code section Battery causing/inflicting serious bodily injury is covered under Penal Code Section 243(d). Crime To arrest a subject for the crime of battery, the necessary crime elements elements must include: willful and unlawful use of force or violence on the person of another NOTE: Every battery contains the lesser crime of assault. Continued on next page 1-6 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury Battery, Continued Crime elements NOTE: The crime of battery requires actual physical contact with the (continued) victim or with items closely associated with the victim’s person (i.e., clothing, canes, and other walking devices). NOTE: Battery as it relates to domestic violence is covered in Penal Code Section 243(e)(1) and is referenced in LD 25: Domestic Violence. Related To understand the crime of battery, peace officers need to become familiar terms with the following terms: Willful implies a purpose or willingness to commit the act. Unlawful means without legal excuse or justification such as self-defense. Use of force or violence in the context of battery means any force or violence. The degree of force is not a consideration in the crime, and battery doesn’t require an injury. Classification Battery is a misdemeanor. (Penal Code Section 242) Battery upon a specified person is a misdemeanor. (Penal Code Section 243(b)) Battery upon a specified person with treatable injury is a felony. (Penal Code Section 243(c)(1)) Battery causing/inflicting serious bodily injury is a felony. (Penal Code Section 243(d)) Continued on next page LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-7 Battery, Continued Battery A battery upon a peace officer can only occur when the officer is engaged in on a the lawful performance of his/her duties. The person committing the offense peace must know or reasonably know that the victim is a peace officer. (Penal officer Code Section 243(b)) NOTE: This offense cannot occur in the course of an illegal arrest or an arrest involving the use of excessive force because then the officer is not engaged in a lawful activity. Battery A battery on a sports official can occur when a person is engaged in the on a lawful performance of his/her duties. The person committing the offense sports must know or reasonably know that the victim is a sports official. (Penal official Code Section 243.8) Battery If a person commits an assault or battery on school property (K-12, on school community college, adult school, evening high school) during hours when property school activities are being conducted, peace officers may, without a warrant, arrest the person who commits the assault or battery. (Penal Code Section 243.5) NOTE: This is an exception to the general rule requiring that the misdemeanor was committed in the officer’s presence. Examples Two men argued over the final results of the football game. The first man didn’t think his friend knew what he was talking about and spit at him; the spittle landed on his friend’s shirt. The first man has committed the crime of battery because he made contact even though he caused no harm. Continued on next page 1-8 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury Battery, Continued Examples A woman walked into the local bar and saw her (continued) boyfriend with another woman. She went to the table and hit him on the head. He fell off his barstool, struck his head on the floor and was knocked unconscious. She has committed the crime of a battery causing/inflicting serious bodily injury. LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-9 Assault with a Deadly Weapon or by Means of Force Definition An assault with a deadly weapon or by means of force is an attempt upon the person of another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury. Penal Assault with a deadly weapon or by means of force is covered under Penal code Code Section 245. section Crime To arrest a subject for the crime of assault with a deadly weapon or by means elements of force, the necessary crime elements must include: unlawful attempt, and the present ability to commit a violent injury upon the person of another by use of a deadly weapon or force likely to produce great bodily injury Classification Assault with a deadly weapon or by means of force is a felony. Related To understand the crime of assault with a deadly weapon or by means of term force, peace officers need to become familiar with the following terms: A deadly weapon can be any object capable of causing death or great bodily injury from the manner in which it is used. Present ability means the present capability to accomplish the act of applying force. Great bodily injury means a significant or substantial physical injury. Continued on next page 1-10 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury Assault with a Deadly Weapon or by Means of Force, Continued Physical Any physical force is sufficient if it is capable of producing great bodily force injury. It is not necessary that an actual injury result from the assault. However, if an injury does occur, additional punishments may apply. Examples of physical force with a deadly weapon or causing great bodily injury include: throwing a hard object (e.g., a rock, full beer can, etc.) kicking or beating someone severely throwing someone against or off something Examples Two men were arguing during a baseball game. One man picked up a baseball bat and swung at the other man. The second man ducked to avoid being hit on the head. The first man committed the crime of assault with a deadly weapon because he attempted to cause harm by using the bat as a weapon. During a bar fight, a man stabbed another man in the arm with a knife. The first man has committed the crime of assault with a deadly weapon. Continued on next page LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-11 Assault with a Deadly Weapon or by Means of Force, Continued Examples A young man walking in a gang area is confronted by (continued) four other young men. The four shoved him to the ground and kicked him until he was unconscious. The four committed assault with force likely to produce great bodily injury. Related The following chart lists additional penal code sections. statutes Circumstance of Crime Crime Penal Classification Code Section Assault with a firearm felony 245(a)(2) Assault with other than a firearm on a felony 245(c) peace officer Assault with a firearm upon a peace felony 245(d) officer or firefighter Assault with caustic chemicals felony 244 Assault with stun gun or taser misdemeanor or 244.5 felony 1-12 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury Elder or Dependent Adult Abuse Definition The crime of elder or dependent adult abuse refers to the infliction of unjustifiable physical pain or mental suffering upon an elder or dependent adult or theft or embezzlement from an elder or dependent adult. Penal Elder or dependent adult abuse is covered by Penal Code Section 368. code section Crime To arrest a subject for the crime of elder or dependent adult abuse, the elements necessary crime elements must include: any person who willfully causes or permits an elder or dependent adult to suffer or inflicts unjustifiable physical pain or mental suffering willfully causes or permits the elder or dependent adult to be injured or endangered violates any provision of law proscribing theft or embezzlement to the property of that elder or dependent adult Continued on next page LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-13 Elder or Dependent Adult Abuse, Continued Classification The following chart lists the Penal Code sections related to the crime of elder and dependent adult abuse and the related crime classifications. Circumstance of Crime Crime Penal Classification Code Section Any person who knows or should know felony 368(b) that a person is an elder or dependent adult and who, under any circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to: suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having care and custody, permits the person or health to be injured, or be placed in a situation such that the person or health is endangered. Any person who knows or reasonably misdemeanor 368(c) should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. Continued on next page 1-14 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury Elder or Dependent Adult Abuse, Continued Classification Circumstance of Crime Crime Penal (continued) Classification Code Section Any person or caretaker who violates misdemeanor, or 368(d) any provisions of the law proscribing theft felony (Same as 368(e) or embezzlement with respect to the theft) property of the elder or dependent adult. Any person who commits false felony 368(f) imprisonment of an elder or dependent adult by use of violence, menace, fraud, or deceit. Related To understand the crime of elder or dependent adult abuse, peace officers terms need to become familiar with the following terms: Elder means any person who is 65 years of age or older. Caretaker means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or dependent adult. Dependent adult means any person, between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights. This includes, but is not limited to, persons who have physical or developmental disabilities or whose mental abilities have diminished because of age. This includes any patient between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility. Continued on next page LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-15 Elder or Dependent Adult Abuse, Continued Examples A paraplegic adult required home care. The caretaker arrived every morning to dress the paraplegic and clean the apartment. The caretaker saw a wad of money in the dresser drawer. One day, after completing the daily tasks, he took the cash and left the apartment. The caretaker has committed the crime of dependent adult abuse because he stole the money. The amount of money will determine whether the crime is a felony or misdemeanor. As a 67-year-old woman became more senile, she became more demanding. One day she demanded repeatedly to have her hair brushed. Her daughter brushed it again and again and became increasingly frustrated. Finally, the daughter got so frustrated, after the mother asked her to brush her hair again, that she hit her mother repeatedly with the brush. The daughter committed a crime of elder abuse because she caused her mother physical pain. 1-16 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury Chapter Synopsis Learning need Arrest and successful prosecution depends on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to injury, and to correctly categorize these crimes as misdemeanors or felonies. Battery Willful and unlawful use of force or violence on the person of another is a [7.01.2, 7.01.7] misdemeanor; felony, when serious bodily injury, or battery and injury against certain classes of victims. Assault with Unlawful attempt coupled with the present ability to commit a violent injury a deadly upon the person of another by use of a deadly weapon or force likely to weapon or produce great bodily harm is a felony. by means of force [7.01.3, 7.01.7] Elder or Willfully causes or permits an elder or dependent adult to suffer unjustifiable dependent physical pain or mental suffering or to be placed in a condition or situation adult abuse likely to produce great bodily harm or death or violates any provision of law [7.01.6, 7.01.7] proscribing theft or embezzlement to the property of that elder or dependent is a felony abuse involving theft or embezzlement is misdemeanor, below $950, and a felony, over $950. LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-17 Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. After receiving complaints from nursing home residents, a peace officer questions discovered that an attendant had been frightening residents into turning over money. Two residents who didn’t comply were struck by the attendant. In one case this resulted in the patient’s arm being broken. What crimes have been committed? Which are felonies and which are misdemeanors? 2. What distinguishes misdemeanor battery from felony battery? Continued on next page 1-18 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury Workbook Learning Activities, Continued Activity 3. Peace officers on patrol respond to a scene where two adult women are questions fighting on a front lawn. The women are slapping and punching each (continued) other. During the fight, one of the women accidentally knocked the other woman’s tooth out. For what, if any, other crimes should the women be arrested? Ask your instructor to work with you in completing a crime report on this incident. To refresh your memory, turn to the Report Writing Tip at the beginning of this chapter. Identify Intent Identify Action Identify Result Continued on next page LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury 1-19 Workbook Learning Activities, Continued Activity 4. List ten objects, other than firearms or knives, and describe circumstances questions under which they could be considered deadly weapons. (continued) 1-20 LD 7: Chapter 1 – Identifying and Classifying Crimes Related to Injury  Chapter 2 Identifying and Classifying Crimes Related to Kidnapping Overview Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to kidnapping, and to correctly categorize these crimes as misdemeanors or felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will Objective ID be able to: recognize the crime elements required to arrest for: - kidnapping 7.02.1 - false imprisonment 7.02.2 - child abduction without custodial right 7.02.3 - child abduction with custodial right 7.02.4 recognize the crime classification as a misdemeanor or 7.02.5 felony Continued on next page LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-1 Overview, Continued In this chapter This chapter focuses on recalling, classifying, and categorizing crimes related to kidnapping. Refer to the following chart for specific topics. Topic See Page Kidnapping 2-3 False Imprisonment 2-6 Child Abduction without Custodial Right 2-8 Child Abduction with Custodial Right 2-11 Chapter Synopsis 2-13 Workbook Learning Activities 2-14 2-2 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping Kidnapping Definition The crime of kidnapping occurs when a person forcibly, or by means of instilling fear, takes another person to another place. Penal Kidnapping is covered under Penal Code Section 207(a). code section Crime To arrest a subject for the crime of kidnapping, the crime elements must elements include: unlawful taking of a person against his or her will by force or fear from one place to another. NOTE: The movement involved in any taking does not refer to a specific distance; rather it refers to whether or not the victim was exposed to additional danger because of the movement. Classification Kidnapping is a felony. Amount The force used to effect the kidnapping does not need to be physical force. of force As long as the suspect gives orders which the victim feels compelled to obey, and the victim reasonably believes some kind of harm will occur if he or she doesn’t cooperate, the force used is sufficient to complete the crime of kidnapping. Continued on next page LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-3 Kidnapping, Continued Examples A hitchhiker was picked up by a passing driver. As he entered the car, the hitchhiker asked the driver to drop him off at a specific location. The driver agreed initially, but later drove past the specified location in spite of the hitchhiker’s protests. The driver took the hitchhiker to another location against the hitchhiker’s will, refused to stop, and refused to let him out of the car when he asked to leave. The driver has committed the crime of kidnapping because the hitchhiker’s consent was withdrawn when he wanted to get out, but the driver refused. A man wanted to date a coworker. One day in the company parking lot, he saw her next to her car which had a flat tire. The man offered to give her a ride to the gas station. When she refused, he grabbed her, shoved her into the car, locked the doors, and drove until they entered another state. The man committed the crime of kidnapping, since he forced the woman against her will to go with him. Continued on next page 2-4 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping Kidnapping, Continued Related The following chart lists additional penal code sections related to the crime statutes of kidnapping. Circumstance of Crime Crime Penal Classification Code Section Kidnapping a child under 14 felony 207(b) Kidnapping for ransom felony 209 Taking of hostages felony 210.5 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-5 False Imprisonment Definition The crime of false imprisonment is the unlawful violation of the personal liberty of another. Penal False imprisonment is covered under Penal Code Section 236. code section Crime To arrest a subject for the crime of false imprisonment, the necessary crime elements elements must include: unlawful violation of the personal liberty of another. Classification False imprisonment is a misdemeanor. False imprisonment if accomplished by means of violence, menace, fraud, or deceit, is a felony. Elements False imprisonment does not require that there be confinement in a jail, prison, or other building. It can be accomplished by: restraining confining detaining compelling someone to stay or go somewhere without their consent NOTE: Human Trafficking is covered under Penal Code Section 236.1. Continued on next page 2-6 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping False Imprisonment, Continued Examples During a break in courtroom proceedings, two attorneys entered an empty elevator. Without warning, the defense attorney pushed the emergency button and began to harass the prosecuting attorney about a suspected ethics violation. When the prosecutor demanded to get off the elevator, the defense attorney refused to reactivate it. This is false imprisonment because the defense attorney confined the other attorney in the elevator. A man lured his ex-girlfriend into his car and then locked the doors to keep her from leaving. He would not unlock the doors until she promised to meet him for a date that weekend. This is false imprisonment because the man deceived the woman, and she couldn’t leave of her own free will. Related There are situations when the law allows individuals to be detained against statute their will. (Penal Code Section 490.5) For example: A merchant has the authority to detain a person suspected of shoplifting, theft, or burglary. A theater owner has the authority to detain a person suspected of operating an unauthorized video device within the premises of a motion picture theater. LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-7 Child Abduction without Custodial Right Definition The crime of child abduction without custodial right occurs when a person, not having a right of custody, restrains or withholds the child from the person having lawful custody. Penal Child abduction without custodial right is covered under Penal Code code Section 278. section Crime To arrest a subject for child abduction without custodial right, the necessary elements elements must include: every person not having the right of custody, who maliciously takes, entices away, keeps, withholds, or conceals any minor child with the intent to detain or conceal from a person having lawful custody Classification Child abduction without custodial right is a felony. Related To understand child abduction crimes, peace officers need to become terms familiar with the following terms: Child means a person under the age of 18 years. Continued on next page 2-8 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping Child Abduction without Custodial Right, Continued Related Court order or custody order means a permanent or temporary custody terms determination decree, judgment, or order issued by a court of competent (continued) jurisdiction. The decree, which can be initial or modified, must affect the custody or visitation of a child, and must have been issued in the context of a custody proceeding. Any order, once made, continues in effect until it expires, is modified, is rescinded, or terminates by operation of law. Operation of law means that natural parents have equal rights to custody of their children, in the absence of a court order. A right to custody means the right to the physical care, custody, and control of a child pursuant to a custody order or by operation of law. Visitation means the time for access to the child allotted to any person by court order. Lawful custodian means a person, guardian, or public agency having a right to custody of a child. Custodial proceeding means a hearing in which a custody determination is an issue including, but not limited to, an action for dissolution or separation, dependency, guardianship, termination of parental rights, adoption, paternity, or protection from domestic violence proceedings including emergency protective order. NOTE: Parents, in the absence of a court order, have equal rights of custody to their children. Continued on next page LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-9 Child Abduction without Custodial Right, Continued Good Penal Code Section 278.7 provides a Good Samaritan exception to the Samaritan prohibition against detainment or concealment of a child from legal exception custodians. Under this code, it will not be considered a crime to detain or conceal a child if the person doing so is acting under good cause. Good cause is a good faith belief that the taking, detaining, concealing, or enticing away of the child is necessary to protect the child from immediate bodily injury or emotional harm. Examples A boy lived with his father who had legal custody, but the boy still wanted to see his mother, the man’s ex-wife. The boy’s father decided to allow the boy to visit with his mother and took him to the mother’s apartment. When he came to pick the boy up, the mother refused to let the boy go home with his father. The mother committed the crime of child abduction without custodial right because she prevented the child from returning to his father, the custodial parent. While playing in her yard, a girl’s noncustodial father drove by, stopped, and asked her to come with him to get an ice cream. When the girl said she needed to tell her mother, the custodial parent, he said that it wasn’t necessary because they would be right back. Instead, the father took the girl to live with his parents in another country. The father has committed the crime of child abduction without custodial right because he enticed the girl away from her mother without asking permission. Continued on next page 2-10 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping Child Abduction without Custodial Right, Continued Student notes LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-11 Child Abduction with Custodial Right Definition Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation. Penal Child abduction with custodial right is covered under Penal Code code Section 278.5. section Crime To arrest a subject for child abduction with custodial right, the necessary elements crime elements must include: every person who entices away, keeps, withholds, or conceals with intent to deprive the other person of his or her right to custody or visitation Classification Child abduction with custodial right is a felony. Continued on next page 2-12 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping Child Abduction with Custodial Right, Continued Examples Martinez and his wife, in the process of a divorce, obtained a temporary custodial decree. The decree granted them joint custody of their 6-month-old daughter. Martinez was to have the daughter on weekends. Martinez decided to go on an extended weekend trip with his daughter and did not tell his wife. When he did not arrive with their daughter at the normal time his wife frantically called him. He told his wife that she did not need to worry and indicated he would bring their daughter back in a few days. Martinez further stated to his wife that since she had never treated him right during their marriage, he felt that she deserved to know how it felt to be mistreated. Martinez has committed the crime of child abduction with custodial right. Smith and her ex-husband have been divorced for years. Smith had never liked the terms of their divorce granting them joint physical custody on alternating weeks. Smith decided to take the children to Europe for three weeks. Smith’s ex-husband told her she couldn’t because the trip would interfere with his custodial rights. Smith told him that he should talk to her lawyer and took the children to Europe. Smith has committed the crime of child abduction with custodial right. LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-13 Chapter Synopsis Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to kidnapping, and to correctly categorize these crimes as misdemeanors or felonies. Kidnapping Unlawful taking of a person against his or her will, by force or fear, from one [7.02.1, place to another is a felony. 7.02.5] False Unlawful violation of the personal liberty of another is a misdemeanor; imprisonment felony, if accomplished by violence, menace, fraud, or deceit. [7.02.2, 7.02.5] Detainment or Every person not having the right of custody, who maliciously takes, entices, concealment of or conceals away any minor child with the intent to detain or conceal from a a child from person having lawful custody is a felony. legal custodian [7.02.3, 7.02.5] Deprivation Every person who has the shared right of custody or visitation pursuant to a of custody court order who detains, conceals, takes, or entices away with intent to of a child deprive the other person of custody is a felony. [7.02.4, 7.02.5] 2-14 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. Explain the differences between the crime of child abduction without questions custodial right and the crime of child abduction with custodial right. 2. A young mother, upset over a custody decree giving custody of her son to her ex-husband, picks her son up from school and flees with him. A month later peace officers locate the mother and child in a small town. What crime has the woman committed? How should peace officers proceed, if at all, if the woman claims she was only trying to protect her son from abuse by the father’s family? Continued on next page LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-15 Workbook Learning Activities, Continued Activity 3. Peace officers on patrol are approached by a distressed woman who tells questions them what has just happened. The woman relates that at the end of the (continued) date when she did not invite the man up to her apartment, instead of stopping, he sped away and drove around at high speeds, so she couldn’t get out for about one hour while he talked. In the end, he dropped her off several blocks from her home, apologized, and left the scene. What, if any, crimes has the man committed? Which are felonies and which are misdemeanors? 4. A divorced couple agrees that the father should visit his daughter every weekend, instead of every other weekend as specified in the court decree. They make this arrangement themselves, without notifying the court. Have any crimes been committed? From a peace officer’s perspective, how would the situation change if the mother wants to return to the every other week schedule, but the father continues to pick his child up from school every Friday against the mother’s wishes? 2-16 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping Workbook Corrections Suggested corrections to this workbook can be made by going to the POST website at: www.post.ca.gov Continued on next page LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping 2-17 Workbook Corrections, Continued Student notes 2-18 LD 7: Chapter 2 – Identifying and Classifying Crimes Related to Kidnapping  Chapter 3 Identifying and Classifying Crimes Related to Robbery Overview Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers need to know the elements required to arrest for robbery and to correctly categorize these crimes as felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will Objective ID be able to: recognize the crime elements required to arrest for: - robbery 7.03.1 - carjacking 7.03.2 recognize the crime classification as a felony 7.03.3 In this chapter This chapter focuses on recalling, classifying, and categorizing crimes related to robbery. Refer to the following chart for specific topics. Topic See Page Robbery 3-2 Carjacking 3-6 Chapter Synopsis 3-8 Workbook Learning Activities 3-9 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery 3-1 Robbery Definition The crime of robbery is the felonious taking of personal property in the possession of another. This requires the taking of property from a person or from his or her immediate presence, and against the person’s will, by means of force or fear. Penal Robbery is covered under Penal Code Section 211. code section Crime To arrest a subject for robbery, the necessary crime elements must include: elements taking of personal property of another from the person or immediate presence against the person’s will accomplished by means of force or fear Classification Robbery is a felony. Related To understand the crime of robbery, peace officers need to become familiar terms with the following terms: Immediate presence means an area within which the victim could reasonably be expected to exercise some physical control over his or her property. Force means the overcoming of resistance by the exertion of strength, weight, power, threat, or duress. Any force directed at a victim is sufficient. Continued on next page 3-2 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery Robbery, Continued Related Fear means the reasonable apprehension of danger to oneself or another. terms This means a reasonable person, under the same set of circumstances, would (continued) be in fear of life, fear of danger of injury, or fear that personal property may be injured or damaged. Fear of In the course of a robbery, there must be a reasonable apprehension of unlawful danger. The apprehension of danger is defined as (Penal Code Section 212): injury the fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery Other Circumstances of Crime Crime Penal related Classification Code crimes Section Robbery of hired vehicle felony 212.5(a) Robbery at an Automated Teller Machine felony 212.5(b) (ATM) Any other type of robbery or robberies not felony 212.5(c) listed in subdivisions (a) and (b) are of the second degree Continued on next page LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery 3-3 Robbery, Continued Examples A woman cashed a check at a liquor store for $100. As she walked away, a man approached her and demanded her handbag. She refused and clutched the handbag tightly in her arms. The man grabbed the handbag, but the woman wouldn’t let go. The man pulled the handbag away from her and knocked her off balance. She fell and hit the ground, and the man ran off with the handbag. The man has committed the crime of robbery because he used force to take the woman’s handbag. A boy was walking toward the entrance of his school wearing a new school jacket. Two older boys stepped in front of him and demanded that he hand over the jacket. The boy refused and tried to walk away. The two older boys knocked him down, forcefully took the jacket off of him, and ran away with it. By taking the jacket against the owner’s will, the two older boys have committed the crime of robbery. A night watchman was sitting at his desk, when a group of masked men entered the room and tied him to his chair. They then went down the hall and stole several pieces of computer equipment that were under his protection. Even though the property was not taken directly from the watchman’s person, it was taken in the watchman’s immediate presence. The masked men have committed the crime of robbery. Continued on next page 3-4 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery Robbery, Continued This page was intentionally left blank. LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery 3-5 Carjacking Definition The crime of carjacking is the felonious taking of a motor vehicle in the possession of another, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear. The vehicle must be taken from the person or from the immediate presence of a person in possession or from the person or immediate presence of a passenger of the motor vehicle. Penal Carjacking is covered under Penal Code Section 215. code section Crime To arrest a subject for carjacking, the necessary crime elements must include: elements taking of a motor vehicle from the person or immediate presence of a possessor or passenger by means of force or fear with the intent to either, permanently or temporarily deprive the possessor or passenger Classification Carjacking is a felony. Completing A subject has completed the crime of carjacking once he or she has dominion the crime and control over the vehicle. It is not necessary for the possessor to be removed from the vehicle for the crime to be committed. The possessor might, for instance, be shoved over in the seat. The key is that the possessor has had to give up dominion and control. Continued on next page 3-6 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery Carjacking, Continued Other Penal Code Section 209.5 states: Any person who, during the commission of related a carjacking and in order to facilitate the commission of the carjacking crimes kidnaps another person who is not a principal in the commission of the carjacking has committed the crime of kidnapping. Classification Kidnapping while committing a carjacking is a felony. Examples A woman was sitting in her car at a red light. The driver’s side door was opened and a man pulled her from the car and drove off. The man has committed the crime of carjacking because he forced the driver out of the car and stole her vehicle. A woman put the groceries in the back of the car. As she attempted to get into the driver’s seat, a man pushed her aside, jumped into the driver’s seat, and drove off. The man committed the crime of carjacking because he forcibly took the car. LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery 3-7 Chapter Synopsis Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers need to know the elements required to arrest for robbery and to correctly categorize these crimes as felonies. Robbery Taking of personal property of another from the person or immediate [7.03.1, presence against the person’s will accomplished by means of force or fear 7.03.3] with the specific intent to permanently deprive that person of the property is a felony. Carjacking Taking of a motor vehicle from the person or immediate presence of a [7.03.2, possessor or passenger by force or fear with the intent to either permanently 7.03.3] or temporarily deprive the possessor or passenger is a felony. 3-8 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. One roommate, Alice, calls peace officers to report a robbery. When they questions arrive, she says that she is just fed up with her roommate who always borrows her clothes without asking. Alice relates that she had just arrived home from work to discover that her roommate has borrowed an expensive designer dress from her closet. The roommate left a note, saying she would return the dress tomorrow. What, if any, crime has been committed? How would this change if the roommate threatened to destroy all of Alice’s clothes if she wasn’t allowed to wear the dress? Under what circumstance would the removal of the dress be considered robbery? Continued on next page LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery 3-9 Workbook Learning Activities, Continued Activity 2. Describe an instance in which the illegal taking of a car from a parking questions lot would be an example of carjacking and then give an example in (continued) which it would not be carjacking. What elements distinguish one crime from the other? 3. Two people enter a home when the residents are away and remove numerous valuable belongings. Have they committed robbery? Why or why not? 3-10 LD 7: Chapter 3 – Identifying and Classifying Crimes Related to Robbery  Chapter 4 Identifying and Classifying Crimes Related to Homicide Overview Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to homicide, and to correctly categorize these crimes as felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID recognize the crime elements required to arrest for murder 7.04.5 recognize the crime elements and classification for 7.04.6 manslaughter crimes In this chapter This chapter focuses on recalling, classifying, and categorizing crimes related to homicide. Refer to the following chart for specific topics. Topic See Page Murder 4-2 Manslaughter 4-5 Chapter Synopsis 4-9 Workbook Learning Activities 4-10 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-1 Murder Definition The crime of murder is the unlawful killing of a human being, or a fetus, with malice aforethought. NOTE: Homicide is the taking of life by another human being. NOTE: Standard description regarding murder of a fetus is the viability of the fetus outside the womb. Penal Murder is covered under Penal Code Section 187. code section Crime To arrest a subject for murder, the necessary crime elements for murder must elements include: unlawful killing of a human being or fetus with malice aforethought Classification Murder is a felony. Malice The concept of malice aforethought is key to the definition of murder. It is aforethought what distinguishes murder from the less heinous crime of manslaughter. Malice aforethought may be expressed or implied and is expressed when there is an intent to kill. Malice aforethought is implied when the killer, although not intending to kill, manifests a conscious disregard for life. Conscious disregard for life occurs when the killing results from an intentional act, the natural consequences of which are dangerous to life, and the act is performed by one fully aware of the danger, but who proceeds in spite of the danger. Continued on next page 4-2 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide Murder, Continued Malice Put another way, implied malice aforethought is the state of mind where aforethought there is no intent to kill but, there is a conscious disregard for life. (continued) Felony When murder is perpetuated under the following conditions, it would be degree classified as first-degree murder. (Penal Code Section 189) murder These types of murders can be easily recalled using the acronym “PET PoLy” which stands for: Premeditated, Explosives (including Weapons of Mass Destruction (WMD’s), destructive devices, and metal or armor piercing ammunition) Torture (Penal Code Sections 206 and 12022.7) Poison Lying in wait Destructive devices are defined in Penal Code Section 12301. Explosive devices are defined in Health and Safety Code Section 12000. WMD’s are defined in Penal Code Section 11417. Felony The state of mind of malice aforethought may be implied by operation of murder law. This is called the felony murder rule. This situation occurs when any rule killing happens during the commission of certain felonies listed in Penal Code Section 189. The list of felonies are: - arson - rape - robbery - carjacking - burglary - kidnapping - mayhem - drive by shooting - train wrecking Continued on next page LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-3 Murder, Continued Felony Aiders and abettors who are not the actual Killers must: murder rule - Share the actual killer’s intent to kill (continued) - Be deemed primary participants in the crime. Just being along for the underlying felony (a driver, lookout, etc.) is no longer enough to be guilty of felony murder. A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) in which a death occurs is liable for murder only if one of the following is proven: - the person was the actual killer. - the person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree. - The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of section 190.2(f) Subdivision (e) does not apply to a defendant when the victim is a peace officer who was killed while in the course of his or her duties, where the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her duties. - If there is a killing of any person including suspects, whether intentional, unintentional, or completely accidental, during the commission, or attempted commission of one of these felonies, that killing will be a murder by operation of the felony murder rule. Thus, no matter what the actual state of mind of the perpetrator of a listed felony, the law will consider the state of mind to be malice aforethought. The killing will be a murder under the felony murder rule. Examples A woman discovered that her husband was having an affair with her best friend. She purchased a handgun and returned after a two-week waiting period to pick up the gun. She then drove to her friend’s house and waited for her to come home from work. When the friend got out of her car, the woman shot her several times and killed her. The woman has committed the crime of murder. Continued on next page 4-4 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide Murder, Continued __________________________________________________________________ Examples A teenage boy, armed with a gun, was meeting a man in the park to buy (continued) some crack. When he arrived, the seller said he didn’t have the crack, but he would have it the next day. The boy was so outraged he shot the man, killing him. The boy committed the crime of murder. __________________________________________________________________ LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-5 Manslaughter Definition The crime of manslaughter is the unlawful killing of a human being without malice aforethought. Penal Manslaughter is covered under Penal Code Section 192. code section Crime To arrest a suspect for voluntary manslaughter, the necessary crime elements elements must include: the unlawful killing of a human being without malice. Upon a sudden quarrel or heat of passion. Classification Voluntary manslaughter is a felony. Related To understand the crime of voluntary manslaughter, peace officers need to terms understand the following terms: Heat of passion implies a blinding rage which clouds judgment and common sense and prompts a person to act rashly, without deliberation. Voluntary manslaughter during heat of passion presumes that the act was committed without deliberation or reflection. If a reasonable person would have had time to “cool off” and regain senses between the provocation and the act of killing, the homicide may be presumed to be an act with malice aforethought, a murder, rather than voluntary manslaughter. Imperfect self-defense means the killer had an actual belief in the necessity to use deadly force to defend himself against imminent peril to life or great bodily injury, but under the circumstances, this belief, no matter how genuine, was not reasonable. Continued on next page 4-6 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide Manslaughter, Continued Crime To arrest a suspect for involuntary manslaughter, Penal Code Section 192(b), elements the necessary crime elements must include: in the commission of an unlawful act not amounting to a felony or in the commission of a lawful act which might produce death in an unlawful manner, or without caution and circumspection Classification Involuntary manslaughter is a felony. Vehicular The crime of vehicular manslaughter depends on two elements: The manslaughter intoxication or condition of the driver, the level of negligence displayed by the driver. Vehicular Manslaughter Crime Penal Classification Code Section Gross negligence while intoxicated felony 191.5(a) Gross negligence while not felony 192(c)(1) intoxicated Ordinary negligence while intoxicated felony 192(c)(3) Ordinary negligence while not misdemeanor 192(c)(2) intoxicated NOTE: Gross negligence is defined in Penal Code Section 192. Continued on next page LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-7 Manslaughter, Continued Examples A husband came home unexpectedly in the middle of the day. He walked into his bedroom and found his wife in bed with his best friend. The husband got his gun out of the bedroom closet and killed the man. The husband has committed the crime of voluntary manslaughter because he killed his friend in the heat of passion. A man was in his suburban backyard with a high- powered rifle, practicing shooting into a cardboard target. He hit the target, but the bullet continued into a neighbor’s house where it hit and killed the neighbor. The man has committed the crime of involuntary manslaughter because he didn’t take into account the safety of others (i.e., gross negligence) whose homes were only a short distance away. Leaving the house a few minutes late, a woman began driving to work. She was driving approximately 75 mph in a school zone when suddenly the car in front stopped for a school bus. The woman could not stop and plowed into the car. The car was forced into the stopped bus. The driver of the car hit by the woman was taken to a hospital where he died later that night. The woman has committed the crime of gross vehicular manslaughter. An eighteen-year-old male was driving 30 miles per hour in a 25 zone. His speed prevented him from stopping when a young child ran into the street without looking. The child was killed. The teen has committed vehicular manslaughter with negligence, because his speeding did not constitute a felony and was not excessive enough to show willful and wanton disregard for safety. Continued on next page 4-8 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide Manslaughter, Continued This page was intentionally left blank. LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-9 Chapter Synopsis Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to homicide, and to correctly categorize these crimes as felonies. Murder To arrest a subject, the necessary crime elements for murder must include [7.04.5] unlawful killing of a human being or fetus with malice aforethought. Manslaughter The crime of manslaughter is the unlawful killing of a human being without [7.04.6] malice aforethought. 4-10 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. As part of a fraternity initiation, a college student tampered with a questions railroad signal. As a result of the tampering, a train was switched to the wrong track and collided with an oncoming train. As a result, there were several passenger fatalities. The student has committed what crime? 2. What homicide-related crimes are classified as misdemeanors? Continued on next page LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide 4-11 Workbook Learning Activities, Continued Activity 3. On the steps of a courthouse, peace officers observe a young couple in a questions heated argument. The woman slaps the man, but is horrified when he (continued) loses his balance and falls backward down the stairs. The man strikes his head and dies of this injury two hours later. Has the woman committed any crime? How should peace officers react on the scene? Continued on next page 4-12 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide Workbook Learning Activities, Continued Student notes 4-14 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide Workbook Learning Activities, Continued ____________________________________________________________ This page intentionally left blank. 4-14 LD 7: Chapter 4 – Identifying and Classifying Crimes Related to Homicide  Chapter 5 Death Investigations Overview Learning need Peace officers who are first to arrive at a scene involving a death must be aware of their responsibilities to assess the situation and take an appropriate course of action based on their preliminary investigation. Learning The following table identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to... ID identify information that should be obtained and 7.05.6 documented when conducting an investigation involving the death of a child identify indicators that a child’s death may be due to 7.05.7 Sudden Infant Death Syndrome (SIDS) identify appropriate actions for responding officers 7.05.8 interacting with parents or caregivers involved in a SIDS incident Continued on next page LD 7: Chapter 5 – Death Investigations 5-1 Overview, Continued In this chapter This chapter focuses on the investigation of incidents involving the death of an adult or child. Refer to the table below for a specific topic. Topic See Page Death Investigations 5-3 Homicide Investigations 5-16 Suicide Investigations 5-19 Deaths Involving Poisoning 5-23 Deaths Involving Children 5-24 Chapter Synopsis 5-36 Workbook Learning Activities 5-37 5-2 LD 7: Chapter 5 – Death Investigations Death Investigations Introduction Not every death