SCCJA Cumulative Academy Study Guide Questions With Complete Verified Solution, Exams of Law

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SCCJA Pre-Academy Block 1 Domestic Violence Juvenile Procedures, Victimotology, Harassment and Stalking, Criminal Gang Overview Deadly weapon - Any pistol, dirk, slingshot, metal knuckles, razor, or other instrument which can be used to inflict deadly force great bodily injury - bodily injury which causes substantial risk of death or which causes serious, permanent disfigurement or impairment of the function of a bodily member or organ moderate bodily injury - physical injury that involves prolonged loss of consciousness or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia or injury that results in a fracture or dislocation; does not include one-time treatment and subsequent observations of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care prior conviction of domestic violence - conviction of any crime, in any state, containing among its elements the same elements or similar to those of SC law Protection order - Any order of protection, restraining order, condition of bond, or any other similar order issued in this state or another sate or foreign jurisdiction for the purpose of protecting a household member Firearm - Pistol, revolver, rifle, shotgun, machine gun, submachine gun. or an assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition "Household member" means - Spouse Former spouse Persons who have a child in common A male and female who are cohabitating or have previously cohabitated Obergefell v. Hodges - States obligated to recognize same-sex marriage from other states. Domestic violence third degree - -To cause, offer, or attempt physical harm -with apparent present ability -directed at a household member -creating fear of imminent peril Domestic violence second degree - -To cause, offer, or attempt physical harm -with apparent present ability -directed at a household member -creating fear of imminent peril AND -Moderate bodily injury results -the offender violates a protection order -the offender has a prior conviction for DV in the past 10 years OR -In the process of committing DV third: ~the offense is committed in the presence of or perceived by a minor ~the victim is pregnant and the offender knew or should have known ~the DV is committed during the commission of a robbery, burglary, kidnapping, or theft ~the victim's breathing or air flow is impeded ~the offender physically restricts the victim from reporting to or calling emergency services Domestic violence first degree - -To cause, offer, or attempt physical harm -with apparent present ability -directed at a household member -creating fear of imminent peril AND -Great bodily injury results -the offender violates a protection order -the offender has two prior convictions for DV in the past 10 years -the offender uses or presents a firearm OR -In the process of committing DV second: ~the offense is committed in the presence of or perceived by a minor ~the victim is pregnant and the offender knew or should have known ~the DV is committed during the commission of a robbery, burglary, kidnapping, or theft ~the victim's breathing or air flow is impeded ~the offender physically restricts the victim from reporting to or calling emergency services Domestic violence of a high and aggravated nature - -To offer or attempt physical harm -with apparent present ability -directed at a household member -creating fear of imminent peril AND -the offender manifests extreme indifference to the value of human life and great bodily injury results or causes the victim to fear great bodily injury or death -the offender violates a protection order in the process of committing DV first Circumstances manifesting extreme indifference to the value of human life - -the offender uses a deadly weapon -the offender knowingly and intentionally impedes the normal breathing or circulation of blood of a household member by applying pressure to the throat or if there is anything else they want to tell you close-ended questions - questions a person must answer by choosing from a limited, predetermined set of responses measures and techniques to properly document a dv - statements incident reports physical evidence pictures/images post arrest evidence signs and symptoms of strangulation - headache vision changes sore neck/sore throat/trouble swallowing raspy/hoarse voice and breathing difficulty bruising behind the ear vomiting petechial hemorrhage loss of bowel control loss of memory social definition of dv - a systematic, comprehensive method of controlling an intimate partner or family member through physical, sexual, emotional, psychological, or financial abuse warning signs in a relationship - possessiveness and jealousy controlling behavior isolation from friends and family traditional or cultural beliefs family history of violence substance abuse low self-esteem fast moving relationship unbalanced financial arrangement 4 major forms of dv - physical emotional/psychological sexual financial/economic cycle of violence theory phases - tension building acute battering honeymoon Continuum of violence theory - relationship will become more and more violent until someone eventually leaves the relationship or death occurs. indicators dv offender may use lethal force - death threats against themselves or a family member access to weapons obsession with partner separation violence consumption of drugs or alcohol cruelty to animals escalation of risky activities separation violence - an increase in violence that occurs when a victim tries to leave their batterer common characteristics of dv victims - low self-esteem strong belief in family unity and gender roles accepts responsibility for batterer's actions denial severe stress reactions believe no one can help them ashamed or embarrassed to reveal injuries incoherent or hysterical bail batterer out of jail, accompany batterer to court, refuse to testify, or testify for the batterer still loves batterer and emotionally dependent believes batterer is all-powerful and can find them anywhere feel they are the only one who can help the batterer with their problem who is responsible for prosecuting dv - the state factors impacting a victim's decision not to leave - fear economic dependence isolation lack of alternative housing children cultural and religious restraints lack of job skills love/hope low self esteem special victim populations - law enforcement children men elderly handicapped immigrants same sex 40% - amount of police families that have experienced dv 2-4 - times more likely that police families will experience dv 30-60 - percentage that offenders who batter their spouses will also batter their children factors that may prevent males from reporting dv - fear of no one believing them fear of losing children to the mother lack of resources fear of being seen as the primary aggressor shame factors that may prevent immigrants from reporting dv - fear of deportation language barriers little or no knowledge of American justice system isolation from family papers may be taken or destroyed by batterer safety planning tips for victim - have extra car keys/clothes/phone/money tell a neighbor what is going on and ask them to call for help if something happens develop escape plan with children carry copies of important personal documents and protection orders stay away from rooms where weapons may be available during a fight trespass upon grounds or structure of a dv shelter - it is unlawful for a person who -has been charged with or convicted of dv or dvhan, is subject to an order of protection of restraining order -to enter or remain upon the grounds of a dv shelter in which the person's household memmber resides or the dv shelter's administrative offices -dv shelter must have no trespassing signs posted dv shelter - a facility whose purpose is to serve as a shelter to receive and house persons who are victims of dv and that provides services as a shelter grounds - the real property of the parcel of land upon which a dv shelter or dv shelter's administrative offices are located, whether fenced or unfenced common characteristics of dv batterers - experienced or witnessed violence in childhood low self-esteem/overly dependent any social, ethnic, or socioeconomic category male or female believe in traditional gender roles blames others for actions right for counsel to access records In re Gault - right of notice of charges right to counsel at adjudication hearings right to confrontation right against self-incrimination right to cross-examine right to appellate review right to due process In re Winship - the standard of proof beyond a reasonable doubt applies to juvenile delinquency proceedings McKevier v. Pennsylvania - trial by jury is not constitutionally required in a juvenile court, but states may grant them West v. United States - totality of circumstances must be considered when determining the validity of a juvenile waiving their miranda rights, including age, education level, knowledge of the charge, methods and length of interrogation, whether accused was held incommunicado, whether accused was interrogated before or after formal charges were filed, and whether the accused has repudiated an extra-judicial statement at a later date Jackson v. Denno - All confessions not freely made by the defendant are to be excluded child/juvenile - a person less than 17 years of age family court - court with primary jurisdiction over juveniles. Department of Juvenile Justice - oversees accountability and rehabilitation of young legal offenders diversion program - a program that a juvenile can complete without going to family court, the solicitor essentially waives the state's right to prosecute providing the juvenile completes a program and/or gives restitution to the community or victims of the crime juvenile arbitration program - a program where a juvenile agrees to punishment determined by the arbitrator, in conjunction with the victim, the juvenile's parent or guardian, law enforcement, and the community drug court - court whose focus is providing treatment for youths accused of drug- related acts restitution - the act of restoring someone or something to the rightful owner or to a former state or position; making good on a loss or damage behavioral contract - agreement between the juvenile, parents, and solicitor dealing with juvenile's behavior community service - a sentence requiring the offender to perform a certain amount of unpaid labor in the community steps in the family court system - intake adjudication hearing disposition hearing Custodial Release - a written promise obtained from the adult whom a juvenile is released to When can a juvenile be fingerprinted? - -if the department keeps them confidential and does not submit them to state or national LE -if the juvenile is charged with an offense that would carry a maximum sentence of 5 years How must a juvenile be transported with an adult? - never-must be transported separately what must a LEO do once they have taken a juvenile into custody? - notifiy DJJ petition - charging document for family court Detention of juveniles under 13 - 10 and younger must not be incarcerated for any reason 11-12 can only be incarcerated only by order of the family court How long can a juvenile be placed in an adult jail? - 6 hours victim - any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense; also includes any individual's spouse, parent, child, or lawful representative individual - human being criminal offense - an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property, is in excess of one thousand dollars 2 basic beliefs destroyed by crime - sense of trust and sense of control Short terms responses to victimization - numbing shock disbelief denial hysteria yelling crying disoriented helplessness/dependent anger fearful flat effect 4 ways victims respond to trauma - emotional physical cognitive behavioral long term responses to victimization - sleep problems intrusive thoughts dreams/nightmares flashbacks withdrawal/isolation sense of foreshortened future PTSD mood swings sadness resignation depression intense fear phobic reactions consideration of suicide drug and alcohol problems mental illness heightened fear and distrust concentration-memory problems shame powerlessness guilt Tools to use with victims - use person-first language try to preserve dignity and choice avoid re-traumatizing the victim show victim they are important by your actions challenges and barriers to detection of human trafficking - the nature of the crime is hidden many victims are illegal and unaware of their rights as victims many victims are kept isolated victims are dependent on traffickers lack of awareness/denial by the public victims do not perceive themselves as victims-traffickers make them believe they have themselves to blame lack of resources signs that someone could be a trafficking victims - evidence of being controlled evidence of inability to move or leave a job bruises or other signs of battering fear/depression non-English speaking recently brought to the U.S. from another country lack of passport and other identification/immigration documents needs of human trafficking victims - immediate assistance mental health assistance income assistance legal status T-Visa - Visa for victims of human trafficking U Visa - Undocumented immigrants that are victims of serious crimes may be granted this form of visa Victim's Bill of Rights - Legal changes that formally recognize the role and rights of victims in the justice process death notification procedures - be absolutely certain of identity do in a timely manner get medical information if possible go, do not call 2 officers if possible present credentials sit with them inform simply and directly be honest, provide as many details as possible offer to make calls and assist with media do not leave them alone provide written information provide transportation if identification is necessary follow up what to say during death notifications - I'm so sorry It's harder than most people think Your reaction is similar to those who have gone through this before you Is there anything you would like to ask or tell me? What not to say during death notifications - Discounting and patronizing statements Dis-empowering statements order of protection - -can be filed by any household member on behalf of themselves or a minor child -family court has primary jurisdiction -for domestic violence or sexual assault -no fee charged -remains in effect for 6 months -routine hearing held in 5-15 days -emergency hearing held in 24 hours restraining order - -anyone can file -magistrate court has primary jurisdiction -for stalking and harassment -no fee charged -remains in effect for 1 year -routine hearing held in 5-15 days -emergency hearing held in 24 hours permanent restraining order - -victim, adult of minor child, or witness can file -family court, circuit court, and GSC have primary jurisdiction -can be filed at the time of conviction -no fee charged -remains in effect permanently or as determined by the judge family member - spouse child parent sibling any other person who regularly resides in the same household as the targeted person pattern - 2 of more acts occurring over a period of time, however short, evidencing a continuity of purpose electronic contact - any transfer of signs, signals, writings, images, sounds, data, intelligence, or information of any nature; transmitted, in whole or in part, by any device, system, or mechanism; including but not limited to a wire, radio, computer, electromagnetic system, photoelectric system, or photo-optical system harassment 1st degree - -a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person AND -that serves no legitimate purpose AND -causes the person and would cause a reasonable person in his position to suffer mental or emotional distress May include but not limited to: -following the targeted person as he moves from place to place -visual or physical contact that is initiated, maintained, or repeated after a person has provided oral or written notice that the contact is unwanted or after the victim has filed an incident report with a law enforcement agency -surveillance of or the maintenance of a presence near the targeted person's residence, place of work, school, or any other place regularly occupied or visited by the targeted person -vandalism or property damage When can enhanced punishments for harassment or stalking be applied? - -when an injunction or restraining order is in effect -prior conviction of harassment or stalking within the last 10 years -used licensing or registration information in furtherance of harassment offense Harassment 2nd Degree - -a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person AND -that serves no legitimate purpose AND -causes the person and would cause a reasonable person in his position to suffer mental or emotional distress May include but not limited to verbal, written, or electronic contact that is initiated, maintained, or repeated Stalking - -a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person AND -that serves no legitimate purpose AND -is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear: ~death of the person or a member of his family assault upon the person or member of his family ~bodily injury to the person or a member of his family ~criminal sexual contact on the person or a member of his family ~kidnapping of the person or a member of his family OR ~damage to the property of the person or a member of his family