Performance Assessment Task 2

Criminal Law Instructor Mr. Bessette Performance Assessment Task 3 Property Crime Scenario

Target Competency Analyze facts, circumstances, and situations and determine which, if any, crimes against persons have been committed. 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: Criminal Law Instructor Mr. Bessette

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:

You have been dispatched to 1540 48th Street South, Town of Grand Rapids, to investigate a report of a theft. When you arrive, you meet with the complainant/victim, John P. Girthsome, DOB 4-16-58.

Mr. Girthsome informed you that he has been “robbed.” You have asked him what happened and he told that while he was at work, someone went behind his house and stole his gun and broke his collection of ceramic dwarfs in his garden. Mr. Girthsome explained that he kept the gun in his backyard to shoot squirrels and cats and when he got home from work, he discovered that the gun was missing.

Mr. Girthsome described the gun as a Remington, Model 2200 .22 cal. rifle with an unknown serial number. He has owned the rifle for about 25 years and doesn’t remember exactly how much it was worth. However, he stated that he had recently put a new 4X scope on it, which cost him $110 with the rings and installation. Mr. Girthsome estimated the value of the gun at about $200. The gun which was kept in an unlocked cabinet on his patio, was loaded.

The garden area was littered with broken ceramic pieces of the seven dwarfs. They appeared to be approximately 12” in height and none survived. Mr. Girthsome valued the seven dwarfs at $140 ($20 each). He added that Snow White was missing and she was valued at $50. There were several sets of footprints in the dirt around the broken pieces that appeared to be from tennis shoes, about 9” in length. Mr. Girthsome wears a size 12.

You have taken photographs of the shoe impressions as well as the crime scene. You also have taken a soil sample and provided Mr. Girthsome with a copy of the Victim Rights Form.

Mr. Girthsome stated he did not consent to the stealing nor to the damage to his property. He is not aware of any suspects. Criminal Law Instructor Mr. Bessette (report template ) CRIMINAL LAW Performance Assessment Task 3 Crimes Against Property 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 Assault 940.225(1)(c) False Imprisonment 940.30 Taking Hostages 940.305(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 1. Aided or abetted by one or more other persons………… Three suspect’s DNA present, victim stated two always held her down while other… 2. Has sexual contact or sexual intercourse………………… Semen present in vaginal area 3. With another person………………………………………… Victim identified 4. Without consent……………………………………………... Victim completed statement of non-consent, numerous injuries including bruising, torn clothing 5. By use or threat of force or violence ……………………… Victim statement, numerous injuries including bruising, torn clothing, witness statement

INVESTIGATIVE QUESTIONS Identify any questions that need to be asked 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. Criminal Law Instructor Mr. Bessette REQUEST FOR CHARGES

Portage County District Attorney Office

DATE REQUESTED: ______

CASE NUMBER: ______

LAW ENFORCEMENT AGENCY REQUESTING CHARGES: ______

REQUESTING OFFICER: ______

REPORTS ATTACHED: ____YES ____ NO

EVIDENCE (in custody): ____YES ____ NO

PHOTOGRAPHS: ____YES ____ NO

SUSPECT NAME CRIME NAME STATUTE NUMBER PENALTY/STATUTE NUMBER (if different)

X Officer Completing Form