SCCJA Unit 1Questions with correct Answers

1776 - Answer- Declaration of Independence 1787 - Answer- Drafting of the Constitution 1788 - Answer- Ratification with Bill of Rights added 1791 - Answer- Ratification of Bill of Rights Separation of Powers - Answer- System of checks and balances that ensure no branch of the government becomes too strong, accomplished by forcing all the branches to interact and rely on each other. Legislative Branch - Answer- Makes laws, Article I Executive Branch - Answer- Enforces laws, Article II Judicial Branch - Answer- Interprets laws, Article III 1st Amendment - Answer- Freedom of: Religion, speech, press, peaceful assembly/protest 4th Amendment - Answer- Implies that right to privacy is inherent. Freedom from unreasonable searches and seizures. Requires probable cause, particular descriptions, and an oath for the issuance of a warrant. 5th Amendment - Answer- Requires a grand jury for capital or infamous crimes. Freedom from double jeopardy and self-incrimination. Ensures due process. 6th Amendment - Answer- Ensures: Speedy and public trial, impartial jury in proper venue, knowledge of charges, confrontation of witnesses, ability to obtain favorable witnesses, assistance of defense attorney. 14th Amendment - Answer- Made the BoR applicable to the states. Before the 14th, Supreme Court decisions only applied to Federal agents, afterwards all Supreme Court decisions applied to both Federal and state LE. Brought uniformity to application of due process. US Supreme Court - Answer- Article III of Constitution. Court of last resort. Judicial Review. President nominates all justices, including position of Chief Justice, and they must be confirmed by a majority of the senate. 9 justices. Receive and dispose approx. 5,000 cases a year, and grant certiorari to about 150 cases. Term begins the first Monday of October and ends in late June or early July. Due process - Answer- No law will be unreasonable, arbitrary, or capricious and the means selected to enforce that law shall have a reasonable and substantial relation to the object being sought to be achieved by that law or process. FUNDAMENTAL FAIRNESS Civil Liability - Answer- Responsibility that an officer must bear for damages or injuries that the officer has caused another person to suffer Tort - Answer- A civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages Negligence - Answer- Failure to do what a reasonable officer would be expected to do under the circumstances. Established by determining: Was a duty owed? Did the officer breach that duty? Did that failure cause the injury? Plaintiff - Answer- Person who files or initiates a lawsuit Municipal Liability - Answer- "Deep Pockets Liability" is shown when an agency has a policy (pattern, or practice) that was the cause of the injury. "Policy" can be written or unwritten Direct Liability - Answer- Officer caused the injury or harm and is being sued as the defendant Indirect Liability - Answer- Allows the court to impose legal responsibility on a superior officer or an agency not directly at fault for the injury. Liability is founded on the relationship between the officer and the supervisor/agency. Respondeat superior tort. Vicarious Liability - Answer- Showing a link between the supervisor's conduct and the officer's actions. Failure to train, failure to supervise, and failure to discipline. Absolute Immunity - Answer- Applies to judges and legislators, freeing them from liability in performing their duties Sovereign Immunity - Answer- Protects the state. SC Tort Claims Act made it so that SC was open to limited liability. Qualified Immunity - Answer- "Limited immunity", applies to LE so that they do not need to have a crystal ball in order to predict the changes in law. Will not qualify for immunity if: Violated a constitutional right, that right was clearly established, and in the context of the situation if any reasonable officer would have known their actions were violating the right. Defensive use of force - Answer- Person v. Person Use of force for control - Answer- State v. Person Use of force considerations - Answer- The severity of the crime, whether the suspect posed an immediate threat to the safety of the officer or others, and whether the suspect actively resisted arrest or attempted to evade arrest by flight Objective Reasonableness - Answer- Conduct matched what an average officer would do, based on the facts known at the time of the incident and not hind-sight knowledge. Positional Asphyxia - Answer- Common in cases of excited delirium, where hog-tying is a common restraint method, forcing weight onto the prone body and creating difficulty in breathing. Periodically reposition, continuously monitor, and provide medical attention as necessary. Graham v. Connor - Answer- Diabetic man has a diabetic episode and is detained under suspicion of being drunk and a possible thief. Officers ignored his explanation and attempts to receive aid (OJ). He passed out and was thrown into a car head first. Released once it was determined that no theft had taken place. Resulted in "objective reasonableness" standard. Use of force reasons - Answer- To effect an arrest, to prevent an escape, self-defense, and protection of other officers and public. Tennessee v. Garner - Answer- Deadly force is only acceptable if it is NECESSARY to stop a fleeing suspect when there is probable cause to believe that they pose a significant threat of death or serious physical injury to the officer or others. Self defense deadly force - Answer- Can be used if necessary to protect the life of the officer or another person. Three factors to consider in deadly force usage are ability, opportunity, and jeopardy. Always be cognizant of collateral damage situations. Emergency Vehicle Operation - Answer- Officers can violate traffic laws as long as they drive WITH DUE REGARD FOR THE SAFETY OF ALL PERSONS. Emergency vehicles require the use of lights and siren, unless it meets the exception list. Ensure the pursuit is warranted, or is reasonable to continue, by evaluating the totality of the facts (is ID known, time of day, place, weather, traffic, pedestrians, severity of crime, vehicle condition). Emergency Vehicle Lights and Siren Exceptions - Answer- When obtaining evidence of speeding, when using them is not tactically sound, or for "tailing" purposes. Brower v. County of Inyo - Answer- "Effectively concealing" a roadblock makes it so that innocent people are put in danger and fleeing suspects are not given an opportunity to stop safely. Reed v. Medlin - Answer- A checkpoint was established at the bottom of a hill with limited visibility. Narrow shoulders and a bridge prevented emergency escape. A logging truck struck a car, killing Reed, when it was unable to stop in time for the checkpoint. YOU ARE LIABLE IF YOU SET UP A DANGEROUS CHECKPOINT Canton v. Harris - Answer- Municipalities can be held liable based on a policy of inadequate training where the municipality knew or should have known that training was inadequate, and it was an area where the lack of such training would show a deliberate indifference of the municipality to the rights of people who come into contact with officers. Probable Cause - Answer- Reasonable grounds to suspect that a person has committed or is committing a CRIME, or that a place contains specific items connected with a crime. More than mere suspicion. Necessary for an arrest, issuance of a warrant, preliminary hearing moving forward, and a grand jury indictment Magistrates and probable cause - Answer- Required to assess the significance of LE findings and make an independent judgment as to whether the fourth amendment standard has been met Firsthand info - Answer- witnessed by the officer Hearsay - Answer- info that the officer does not have firsthand knowledge of Sources of hearsay - Answer- Identifiable source, good citizen informant, anonymous tip, confidential criminal informant Types of personal knowledge - Answer- Sensory observations, knowledge of suspect, knowledge of suspect's associates, knowledge of area, time of day, physical evidence, suspect's statements, experience of officer Types of corroboration - Answer- Officer's own investigation, similar reports from reliable sources. Greater weight given to info given in fine detail and from non-confidential source. Exclusionary rule - Answer- Judicially created remedy which results in the suppression of evidence which has been derived from an illegal search or seizure Suppressible primary evidence types - Answer- Physical evidence, identification evidence, and verbal evidence "Fruit of the poisonous tree" - Answer- Any evidence that is the result of an illegal search/procedure is "tainted" and inadmissible