Phase 3 Wisconsin Police Academy

(Crimes) What chapters in Wisconsin statutes constitute the criminal code?

Chapters 939-951

(Crimes) What chapter is drug crimes found in Wisconsin statutes?

Chapter 961, Uniform Controlled Substances Act

(Crimes) 939.12 defines crime as?

Crime is conduct which is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime.

(Crimes) Crimes require mental state ____ plus actions _____

- Mens rea

- Actus reus

(Crimes) What are the three mental states for crimes?

- Intent

- Reckless

- Negligent

(Crimes) What is statue 939.24 Criminal Recklessness?

The actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk

(Crimes) What is statue 939.25 Criminal Negligence?

Ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another

(Crimes) What are inchoate crimes?

- Attempt (but for extraneous factor)

- Conspiracy

- Solicitation

(Crimes) What are the elements of a crime for First-Degree Intentional Homicide §940.01 (Felony)

- Causes the death of another

- With the intent to kill that person or another

(Crimes) To charge someone with First-Degree Intentional Homicide the state has to prove beyond a reasonable doubt that?

- The elements of the crime were met

- No mitigating circumstances: adequate provocation, unnecessary defensive force, prevention of felony, and/or coercion; necessity

(Crimes) What are the elements of a crime for First-Degree Reckless Homicide §940.02 (Felony)?

- Recklessly causes the death of another human being

- Under circumstances which show utter disregard for human life

(Crimes) Criminal recklessness is defined in §939.24 as?

Actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk

(Crimes) §939.22 defines great bodily harm as?

Creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury

(Crimes) Under First-Degree Reckless Homicide §940.02, whoever causes the death of another is guilty under any of these circumstances:

- Manufacture, distribution, or delivery of a controlled substance

- If controlled substance is by itself or with any compound, mixture, diluent or other substance mixed or combined

- Any distribution or delivery described whether the distribution or delivery is made directly

(Crimes) What is §940.03 Felony Murder?

Whoever causes the death of another human being while committing or attempting to commit a crime specified in 940.19, 940.195, 940.20, etc.

(Crimes) What are the elements of Second-Degree Intentional Homicide §940.05 (Felony)?

- Causes the death of another human being

- With intent to kill that person or another

(Crimes) What are the elements of Second-Degree Recklessness Homicide §940.06 (Felony)?

-Recklessly causes the death of another human being

(Crimes) What is the difference between First-degree and Second-degree intentional homicide?

The presence or absence of mitigating circumstances

(Crimes) What are the elements of a crime for Homicide by Negligent Handling of Dangerous Weapon, Explosive, or Fire §940.08 (Felony)?

- Causes the death of another human being

- By the negligent operation or handling of a dangerous weapon, explosive, or fire

(Crimes) What are the elements of a Simple Battery §940.19 (Misdemeanor)?

- Offender caused bodily harm

- Offender intended to cause bodily harm

- Victim did not consent

- Offender knew victim did not consent

(Crimes) §939.22 defines bodily harm as?

Physical pain or injury, illness, or any impairment of physical condition.

(Crimes) How is substantial bodily harm defined?

Causes laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia; temporary loss of consciousness; sight or hearing; a concussion; or loss or fracture of a tooth

(Crimes) What are the elements of a crime for Substantial or Aggravated Battery - §940.19 (2) (4) (6) (Felony)?

- Caused substantial bodily harm or great bodily harm

- Intended to cause bodily harm to victim or to another person

- Conduct created a substantial risk of great bodily harm

- Knew conduct created a substantial risk of great bodily harm

(Crimes) What are the elements to Battery or Threat to an Officer of the Court or LEO/Firefighter §940.203 (Felony)?

- Caused bodily harm or threated to cause bodily harm without consent

- Acted intentionally

- Victim was judge, prosecutor, LEO or family member thereof

- At time offender knows or should have that the victim is judge, prosecutor, LEO or family

- In response to any action taken by a judge, prosecutor, LEO in an official capacity

(Crimes) What are the elements for Mayhem §940.21 (Felony)?

- Cut or mutilated a bodily member of another

- Cutting or mutilating caused great bodily harm

- Intended to disable or disfigure

(Crimes) What are the elements for First and Second-Degree Reckless Injury §940.23 (1)(a) and (2)(a) (Felony)?

- Caused great bodily harm

- caused great bodily by criminally reckless conduct

- (First degree only): Conduct showed utter disregard for human life

(Crimes) What are the elements for False Imprisonment §940.30 (Felony)?

- Confined or restrained victim

- Intentionally confined or restrained victim

- Confinement and restraint was without victims consent

- Had no lawful authority to confine or restrain

- Knew such confinement or restraint was without lawful authority

(Crimes) What are the elements for Stalking §940.32 (Felony)?

- Intentionally engaged in a course of conduct directed at victim

- Would have caused a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury or death to them or to a member of household

- Induced fear in victim of bodily injury or death to them or member of household

- Knew or should have known conduct placed victim in reasonable fear of bodily injury or death of them or a member of household

(Crimes) What is a course of conduct defined as?

A series of two or more acts carried out over time, however short or long, that show a continuity of purpose, including:

- visual or physical proximity

- Approaching or confronting

- At workplace or contacting employer or coworkers

- At victims home or contacting neighbors

-etc.

(Crimes) What are the elements of Endangering Safety by Use of a Dangerous Weapon §941.20 (Felony)?

- Discharged a firearm

- Intentionally shot into building or vehicle

- Should have realized a human being might be present

(OR)

- Discharged firearm from vehicle on highway or in parking lot

- Discharged toward another person, building or vehicle

- Acted with purpose to discharge forearm at another person, building, or vehicle

(Crimes) What is the definition of a dangerous weapon?

Firearm loaded or unloaded or any device designed as a weapon and capable of producing death or great bodily harm

(HAZMAT) What does B-NICE stand for?

- Biological

- Nuclear

- Incendiary

- Chemical

- Explosive

(HAZMAT) What are the six ways in which a hazardous material can be harmful to a first responder during a hazardous material incident?

- Asphyxiation

- Chemical

- Infection

- Mechanical

- Radioactive

- Thermal

(HAZMAT) What are the five routes of entry into the body by a hazardous material?

- Absorption

- Contact

- Inhalation

- Injection

- Ingestion

(HAZMAT) What is the most common mode of hazardous material?

Highways

(Crimes) What are the elements for Disorderly Conduct §947.01 (Misdemeanor)?

- In a public or private place

- Engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct

- Under the circumstances as they then existed, tended to cause or provoke a disturbance

(Crimes) What are the elements of Unlawful Use of a Telephone §947.012(1)(a) (Misdemeanor)?

- Made telephone call to victim

- Use obscene, lewd, or profane language or suggested any lewd or lascivious act or

- Did not disclose their identity or

- Threatened person or property of person

- Call intended to frighten, intimidate, threaten, abuse, or harass

(Crime) What are the elements for Harassment §947.013(1m)(a) and (1r) (Forfeiture)?

- Intent to harass or intimidate another person

- Struck, shoved, kicked or otherwise subjected the person to physical contact or attempts or threatens to do the same

- Engaged in course of conduct that harassed or intimidate victim and that served no legitimate purpose

(Crimes) What are the elements to Criminal damage to Property §943.01 (Class A Misdemeanor or Felony)?

- Cause damage to physical property

- Intentionally cause the damage

- Property belonged to another person

- Caused damage without consent of owner

- Knew that property belonged to another and that person did not consent

(Crimes) When does Criminal Damage to Property or Graffiti become a felony?

- If property damaged is valued more than $2500

- Other special circumstances in statute

(Crimes) What are the elements of Graffiti §943.017 (Class A Misdemeanor or Felony)?

- Intentionally caused damage to physical property by marking, drawing, writing, or etching on property

- Belonged to another person

- Caused damage without consent

- Knew property belonged to another and did not get consent

(Crimes) What are the elements of Burglary with Intent to Steal §943.10 (1) (Class F Felony)?

- Intentionally entered a building

- Entry was without the consent of lawful owner

- Knew that entry was without consent

- Entered building with intent to steal

(Crimes) What kind of property crime is burglary?

Trespassing

(Crimes) What kind of property crime is Robbery?

Misappropriation

(Crimes) What are the elements of Possession of Burglarious Tools §943.12 (Felony)?

- Has possession of a tool or device

- Tool or device is suitable for breaking into a building

- Intended to use the tool or device to break into building with intent to steal

(Crimes) What is different in the element for Criminal Trespass to Dwellings from Burglary?

- Intentionally entered (dwelling)

- Under Circumstances tending to create or provoke a break of peace

(Crimes) What are the elements of Entry into a Locked Dwelling §943.15 (Misdemeanor)?

- Entered dwelling of another (apt, room, building, or other structure)

- Entered dwelling when it was locked

- Entered without consent

(Crimes) What are the elements of Robbery §943.32 (1) (a) & (b) (Felony)?

- Took property from person or presence of owner

- Took property with intent to steal

- Used or threatened force with intent to overcome physical resistance

- (a) is use of force

- (b) by threat of force

- (2) threat or use of a dangerous weapon

(Crimes) What are the elements of Theft §943.20 (1)(a)?

- Intentionally took and carried away movable property of another

- Did not get consent

- Knew of no consent

- Intended to permanently deprive owner of possession of property

(Crimes) What makes a theft a Class H Felony despite the value of the property?

- Domestic animal

- Firearm

- Taken from a patient or resident of a facility or program

(Crimes) What are the elements of Operating Motor Vehicle Without Owners Consent §943.23 (Felony or Misdemeanor)?

- Either takes and drives or driver or operates a vehicle

- vehicle belong to another

- Did not give consent

- Acts intentionally

(Crimes) If a vehicle is taken without consent from another but the vehicle is found within 24 hours without any damage, what does it make the penalty for Operating Motor Vehicle without Owners Consent?

Mitigates penalty to Class A misdemeanor

(Crimes) What are the elements of Retail Theft §943.50 (Felony or Misdemeanor)?

- Intentionally altered the indicated price or value or, took and carried away, transferred, concealed, or retained possession of property

- Merchandise held for resale

- Knew that property was held for resale

- Knew merchant didn't give consent

(Crimes) What elements are in Controlled Substances §961.41(1), (1m), and (3g)?

- (1) Deliver or Manufacture

- (1m) Possession with intent to distribute

- (3g) Possession

(Crimes) How can you define what having possession of a drug is?

- Physical control

- In the area which a person has control of

(Crimes) What are the elements of Resisting or Obstructing an Officer §946.41?

Knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority is guilty of a Class A misdemeanor

(Domestic) What is the definition of domestic violence?

Coercive behavior designed to exert power and control through the use of intimidating, threatening, harmful or harassing behavior over person in an intimate relationship

(Domestic) What are the options available for domestic violence victims?

- Stay

- Fight back

- Leave

(Domestic) What are the eight different patterns of the power and control wheel house?

- Intimidation

- Emotional abuse

- Isolation

- Minimizing, denying, & blaming

- Children

- Male privilege

- Economic abuse

- Coercion & threats

(Domestic) What are some offender dynamics?

- Control, domination, & manipulation

- Increased power

- Insecurity, jealousy, & avoidance

- Denying/minimizing violence

(Domestic) What kinds of "relationships" cover the criteria for Domestic Abuse §968.075 (1)(a)?

- Spouse or former spouse

- Resides or formerly resided

- Have child in common

(Domestic) What are the actions that legally define domestic abuse under the mandatory arrest law?

- Intentional infliction of physical pain, physical injury or illness

- Intentional impairment of physical condition

- Violation of 940.225 (1)(2)(3) Sexual Assault

- Physical act that may cause the person to fear imminent engagement in conduct described by any of the above three statements

(Domestic) When shall an officer arrest an offender under §968.075(2)?

- Continued DV against alleged victim is likely

- Evidence of physical injury

- Person is predominant aggressor

(Domestic) What is the definition for predominate aggressor as outlined in §968.075(1)(c)?

The most significant, but not necessarily the first, aggressor in a domestic abuse incident

(Domestic) What are some ways you can determine a predominant aggressor?

- History of DV acts

- Statements by witnesses

- Relative degree of injury inflicted

- Extent of fear of the other

- Threat of harm ongoing/past) to household member, family or other party

- Either party acted in self defense

- Occurred within 28 days

(Domestic) What are some questions to ask when investigating Domestic Violence?

- Was a crime committed

- What is the relationship

- Is there a predominant aggressor

- Did crime happen within 28 days

(Domestic) When can a law enforcement officer release an arrested predominant aggressor?

When the person posts bail or has an initial court appearance

(Domestic) What are the elements of Self Defense?

- Person using force had a reasonable belief that he/she was at risk of bodily harm

- Risk of harm was actual or imminent

- Force used was that force reasonably necessary to prevent or stop the infliction of bodily harm

(Domestic) Under §968.075 says arrests shall not be based solely on?

- Consent of victim

- Relationship of parties involved

- Absence of visible injuries or impairments

- History of prior complaints

- Which party called the police

(Domestic) Can you write a municipal citation as an enhancer for domestic violence incidents?

No, it has to be a criminal charge

(Domestic) How long is a no contact immediately following an arrest for DV?

72 hours

(Domestic) What are the parameters for a no contact in DV?

- Person shall avoid the residence and any premises temporarily occupied by victim

- No one can contact the victim on behalf of arrestee except LEO and attorneys

- Victim can only waive this right in writing

(Domestic) What are the four types of restraining orders?

- Domestic abuse §813.12

- Harassment §813.125

- Child Abuse §813.122

- Individual at Risk §813.123

(Domestic) How does a person obtain a temporary restraining order?

Individual needs to file a petition with the courts alleging domestic abuse or fear of domestic abuse and judge finds reasonable grounds

(Domestic) What is a mandatory requirement for an injunction with domestic abuse or child abuse?

Surrender of any firearms they possess

(Domestic) Does an offender have to surrender firearms in a temporary restraining order?

It does not apply

(Domestic) What is the difference in the arresting circumstances for an injunction and temporary restraining order?

The respondent must be arrested for violating an injunction even if they were not served a copy. The temporary restraining order must have been served before arresting them for any violations

(Domestic) What does §950.08(2g) require officers to provide to victims?

No later than 24 hours after initial contact tell them about a list of their rights, availability of compensation, contact information for DA, contact information for custodial agency, procedures if threatened or intimidated

(Domestic) How does §940.235 define strangulation/suffocation?

Whoever intentionally impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person is guilty of a Class H Felony

(Domestic) What is a form of asphyxia as a result of external pressure on the neck?

Strangulation

(Domestic) How soon can underlying injuries from strangulation might kill the victim after injury is inflicted?

36 hours

(Domestic) What are potentially lethal symptoms of strangulation?

- Involuntary urination or defecation

- Vomiting

- Redness of the neck which may be fleeting

- Bruises which may not appear for hours or days

- Mental status changes (restlessness/psychosis, etc.)

(Domestic) How does §940.32 define a stalker?

Any person who engages in a course of conduct directed at a specific person which places that person, or their family, or household member, in reasonable fear for their safety

(Domestic) How does §940.32 outline the acts of stalking?

A series of two or more acts carried out over a period of time, however short or long, that show a continuity of purpose, including but not limited to: maintaining visual or physical proximity, approaching, appearing, entering, or contacting victim

(Domestic) When can you arrest someone for stalking?

When there are two or more acts and at least one is in your jurisdiction

(Victim) How is a victim of a crime defined?

Person who has been injured either physically or emotionally due to the occurrence of a crime. They include individuals who have been direct targets of violence or property loss or damage, their family members, and experience emotional trauma

(Victims) What are the seven critical needs of a victim?

- Safety

- Support

- Information

- Access

- Continuity

- Voice

- Justice

(Victims) In order to adequately meet the needs of victims, what are key elements of a successful victim response?

- Effective communication

- Empathy

- Professionalism and Integrity

- Honesty and Confidentiality

- Knowledge of Available Resources and Services

- Responsiveness

(Victims) What are some reasons a victim may not cooperate with you once on scene?

- Fear of retaliation

- Distrust of LEO

- Cultural/gender differences

- Pressure to not be a "snitch"

- Embarrassment

(Victims) What was WI-Chapter 950 "Rights of Victims and Witnesses of Crimes" written to do?

Ensure all victims and witnesses of crime are treated with dignity, respect, courtesy and sensitivity; and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law

(Victims) What are the seven critical needs of victims?

- To feel safe

- To feel supported

- Information on the process and resources

- Access to information

- Continuity among the various victim service providers and criminal justice professionals

- To be heard

- A sense of justice being served

(Juvenile) What does §938.396(1)(a) state about Juvenile records?

Law enforcement agency records of juveniles shall be kept separate from records of adults.

(Juvenile) What is the age identified under §938.02(10m) for a juvenile?

A person who is less than 18 yrs of age as a victim except as an offender they are an adult at 17 yrs or older

(Juvenile) The Juvenile Court attempts to balance the interests of the public while considering..?

What is in the best interest of the juvenile

(Juvenile) When parents or others commit acts of child abuse or neglect, a petition is filed in court called?

Child in Need of Protection or Services (CHIPS)

(Juvenile) If a juvenile's conduct is such that he/she is deemed to be "uncontrollable," if a juvenile under the age of 10 commits an act that would be considered criminal if they were an adult, if a juvenile is found to be not competent after committing a delinquent act, what petition is filed?

Juvenile in Need of Protection or Services (JIPS)

(Juvenile) Under JIPS, what conditions apply for a juvenile alleged to be in need of protection or services?

- Uncontrollable

- Habitually truant from school

- School dropout

- Habitually truant from home

- Delinquent act before 10yrs

- Not responsible or not competent

(Juvenile) Juveniles between 10 and 16 yrs and have committed an act that would be considered a crime if committed by an adult is called?

Delinquency

(Juvenile) What are offenses that would not be a violation of the law if committed by an adult?

Status Offenses

(Juvenile) At what age may you release a juvenile after a citation has been issued?

15 years but you will still notify a parent in the case of ordinance violations