Criminal Law
Instructor Mr. Bessette
Performance Assessment Task2
Crimes Against Persons Scenario
Analyze facts, circumstances, and situations and determine which, if any, crimes against persons have been committed.
DOJ Linked Core Abilities
Use effective decision making strategies and apply ethics
Conduct investigations
Articulate and document actions
Interact with others
Scoring Standard
Maximum of 3 points per criteria. Total points possible = 21.
Rating Scale
3 / Exceeds all criterion with a high level of creativity, accuracy, attention to detail
2 / Meets criterion to minimum DOJ standards
1 / Meets criterion in some areas, but lacks essential components
Scoring Guide
Criteria / Score/Comments
1. / You analyze the facts and circumstances of each situation and determine the correct crime.
2. / You identify the specific criminal statute and applicable subparagraphs that were violated.
3. / You identify special legal circumstances including self defense, attempt, party to a crime and defense of property.
4. / You determine whether each element is present or not and make the correct arrest decision.
5. / You identify evidence that supports each element.
6. / You identify questions that need to be asked persons involved that are necessary to support the elements.
7. / You complete the charging sheet as provided
Total Points ______/21 possible
Student Name ______Date ______
Evaluator's Signature ______Date ______
Comments:
Student Instructions:
Read the scenario below and then write up a report that covers each point listed in the scoring guide. Please use the sample template found on page three. Your instructor will give you a cover sheet to use as your charging form.
Scenario:
Police were dispatched to investigate a report of a disturbance at the corner of 8th Avenue and Oak Street. It is a trouble spot that often is the location for drug activity and fights. John’s Pub is located at the corner.
You arrive at the scene with two other squads arriving simultaneously. A fight between two men is now in the street near the gutter. About ten people are standing around the fighting men.
After breaking up the fight, you and the other officers separate the two men and interviews begin. The third officer begins to separate the witnesses and begins to interview them separately as well.
You interview Sam, a white male, approximately 28 years old who was in the fight. He is visibly bleeding on the side of his forehead from a gash that is at least three inches long and appears to be deep. It requires stitches. You ask Sam if he is all right and Sam states that he feels nauseous and you suspect that he has a concussion as well.
You activate EMS and have Sam sit down while giving him first aid. After his injuries have been stabilized, Sam tells you what happened.
Sam tells you that he was in John’s Pub having a drink talking to a young woman when the other man he was fighting with came up to him and called him a profane name. Sam said that he ignored him and continued to talk to the woman when the other man grabbed him by the shoulder and pulled him off of his stool, knocking him to the floor. The bartended saw this happening and came around the bar before Sam could get up and through the man out. Sam informed you that he never saw the man before but the woman said that she had been out on a date with him before and knew him. His name, Sam learned, was Nick.
Later that night, Sam told you he was leaving the bar when he was attacked by Nick just outside of the pub. Sam said that Nick tried to tackle him while punching him several times with a closed fist in the stomach and head. Sam was knocked to the ground and hit his head against the brick building which is what you suspect caused the injuries to Sam’s forehead.
You left Sam temporarily with the paramedics to learn what the other officer’s found out. You discover that the bartender and witnesses confirm Sam’s account of the evening’s events. Nick isn’t being cooperative.
(report template ) CRIMINAL LAW
Performance Assessment Task2
Crimes Against Persons Scenario
GENERAL OVERVIEW
This should be a brief overview of what your report will cover and what it is about. This section can be written last so you can summarize what the other sections cover.
CRIMES COMMITTED:
Analyze the facts and circumstances of each situation and determine the correct crime or crimes. Include a thorough discussion of why the facts support each recommended charge. For example, if you believe that Sexual Assault applies, explain why. You should use a separate paragraph for each crime that you name.
STATUTES:
Identify the specific criminal statute and applicable subparagraphs that were violated. You may use a list after you introduce the form.
1st Degree Sexual Assault940.225(1)(c)
False Imprisonment 940.30
Taking Hostages940.305(2)
LEGAL CONSIDERATIONS:
In this section, you need to identify any special legal circumstances including self defense, attempt, party to a crime and defense of property. You might consider some discussion on your actions as a police officer based upon these legal issues.
ARREST DECISION:
Determine whether each element is present in the statutes identified above and articulate the appropriate arrest decision. Though it is true that police officers have discretion, there is a right and wrong answer here!
EVIDENCE:
Identify evidence that supports each element for each charge. You may list or use a narrative style to complete this requirement. For example:
1st Degree Sexual Assault Elements: Evidence
- Aided or abetted by one or more other persons………… Three suspect’s DNA present, victim stated two always held her down while other…
- Has sexual contact or sexual intercourse…………………Semen present in vaginal area
- With another person…………………………………………Victim identified
- Without consent……………………………………………...Victim completed statement of non-consent, numerous injuries including bruising, torn clothing
- By use or threat of force or violence ………………………Victim statement, numerous injuries including bruising, torn clothing, witness statement
INVESTIGATIVE QUESTIONS
Identifythe questions that need to be asked to persons involved that are necessary to support the elements. For example, you may need to ask the victim how much the item was worth to determine the value of the stolen item in order to determine if the crime is a felony or misdemeanor.
REQUEST FOR CHARGES
Portage County District Attorney Office
DATE REQUESTED: ______
CASE NUMBER: ______
LAW ENFORCEMENT AGENCY REQUESTING CHARGES: ______
REQUESTING OFFICER: ______
REPORTS ATTACHED: ____YES____ NO
SUSPECT NAME / CRIME NAME / STATUTE NUMBER / PENALTY/STATUTE NUMBER (if different)