Block 1 SCCJA Questions and Answers Latest Updated 2023

Block 1 SCCJA Questions and Answers Latest Updated 2023 All domestic violence calls have the potential to be a Homicide Deadly weapon Means any pistol, dirk, slingshot, metal knunckles, razor, or other instutment which can be used to inflict deadly force Great bodily injury Bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment or d 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. Doesn't include one time treatment. Prior conviction of domestic violence Includes conviction of any crime, in any state, containing among its elements those enumerated in, or substantially similar to those enumerated in. Within the ten years prior to the incident date of the current offense Protection order Any order of protection, straining order, condition of bond, or any other similar order issued in this state or another state or foreign jurisdiction for the purpose of protecting a household member Firearm Pistol, revolver, rifle, shotgun, machine gun, au machine gun, or assault rifle which is dishonest to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive but does nothing include an antique firearm as defined in 18 USC 921 Household members Spouse, former spouse, person who have a child in common, male and female who are cohabiting or formerly have cohabited Obergefell v. Hodges (2015) Constitution grants rights to same sex married couples as are afforded to heterosexual couples through marriage. Enforcement of DV laws Officers make the decision for arrest since many victim decline prosecution. We do this in order to hold offenders accountable for their actions Domestic violence (it is unlawful to) Cause physical harm or injury to a persons own household member; or offer or attempt to cause physical harm or injury to a persons own household member with apparent present ability under circumstances reasonably creating fear of imminent peril Person violates subsection (A) first part A person who violates this subsection is guilty about f a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more then two thousand five hundred dollars or imprisoned not more than ninety days or both. Person violates subsection (A) second part Domestic violence in the third degree is a lesser-included offense of domestic violence in the second degree, as defined in subsection (C), domestic violence in the first degree, as defined in subsection (B), and domestic violence of a high and aggravated nature. Person violates subsection (A) third part Assault and battery in the third degree pursuant to section 16-3-600(E) is a lesser included offense of domestic violence in the third degree as defined in this subsection. A person who violates this subsection is eligible for pretrial intervention pursuant to chapter 22 title 17 I'm the process of committing DV in the 3rd degree one of the following also results a) the offense is committed in the presence of, or while being perceived by, a minor b) the offense is committed against a person known, or who reasonably should have been known, by the offender to be pregnant c) the offense is committed during the commission of a robbery, burglary, kidnapping, or theft d) the offense is committed by impeding the victims breathing or air flow The offense is committed using physical force or the threatened use of force against another to block that persons access to any cell phone, telephone or electronic communication device with the purpose of preventing, obstructing, or interfering with: The report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider Felony offense-general sessions court a) great bodily injury to the persons own household member results or the act is accomplished by means likely to result in great bodily injury to the persons own household member b) the person violates a protection order and in the process of violating the order commits domestic violence in the second degree c) has two or more prior convictions of domestic violence within ten years of the current offense d) the person uses a firearm in any manner while violating the provisions of subsection (A) DV 1st degree Great bodily injury/likely result violation OOP/RO-commits DV 2nd 2 or more convictions DV/10 years, uses firearm DV 2nd Degree Moderate bodily injury/likely result, Violation of OOP/RO- commits 3rd, one prior conviction/10 years Person violates section 16-25-20 and one of the following from section 16-25-65 Commits the offense under circumstances manifesting extreme indifference to the value of human life & great bodily injury to the victim results; commits the offense, with or without an accompanying battery & under circumstances manifesting external indifference to the value of human life, & would reasonably cause a person to fear imminent great bodily injury or death; violates a protection order and, in the process to f violating the order, commits domestic violence in the first degree Circumstances manifesting extreme Indifference to the value of human life include, but are not limited to, the following; Using a deadly weapon, knowingly & intentionally impeding the normal breathing or circulation of the blood of a HH member by applying pressure to the throat or neck or by obstructing the nose or mouth of a HH member & thereby causing stupor or loss of consciousness for any period of time, commuting the offense in the presence of a minor, commuting the offense against a person he knew, or should have known, to be pregnant; commuting the offense during the commission of a robbery, burglary, kidnapping, or theft Circumstances manifesting extreme Indifference to the value of human life include, but are not limited to, the following; Using physical force against another to block that persons access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with (a) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or (b) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider 16-25-70 A law enforcement officer may arrest, with or without a warrant, a person at the persons place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony pursuant to the provisions of 16-25-20, 16-25-65,16-25-125 Requirements of 16-25-70 Law enforcement agency must complete an investigation of an alleged violation of this chapter even if the law enforcement agency was not notified at the time the alleged violation occurred. The investigation must be documented on an incident report form which must be maintained by the investigating agency. Entering the premises (section 16-25-70) In effecting an arrest under 16-25-70, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member Factors law enforcement must consider in determining primary physical aggressor: Prior complaints of domestic or family violence, the relative severity of the injuries inflicted on each person talking into account injuries alleged which may not be easily visible at the time of the investigation, the likelihood of future injury to each person, whether one of the persons after in self defense and household member accounts regarding the history of domestic violence Officers, while not mandated to do so, may also want to consider: The relative size and strength of the parties, the relative physical abilities of the parties, the relative ability to seek assistance without having to inflict injury on the other party in self-defense, whether children were in the home that one party felt a need to protect, whether a party had access to a weapon to inflict harm on the other party even if harm was not inflicted with that weapon, prior law enforcement accounts of the parties behaviors Mutual combat Mutual combat is a voluntary confrontation between parties, true "mutual combat" is rare in domestic violence assaults, victims often fight out of necessity or defense and therefore it is not mutual Self defense Only enough force necessary to end the attack of threat of attack is allowed, a small blow will not justify an enormous beating, if the defense does not subside once the attack or threat is removed, then the defender becomes the aggressor, no duty to retreat if doing so would increase danger of being killed or suffering serious bodily injury Dual arrest- If an officer cannot determine who the primary physical aggressor is, then two or more persons may be arrested. The officer must: Include the grounds for arresting multiple parties in the written incident report; include a statement that the officer attempted to determine which party was the primary physical aggressor and were able to make that determination based upon the evidence available at the time of arrest Threats prohibited An officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage request for intervention by law enforcement by a party Threats prohibited (don't say): If I have to come back here again somebody is going to jail, if we have to come back here again everyone will be arrested, I'd we have to come back here, everyone will be arrested and DSS will take the kids, if you (the victim) call us again , I am going to arrest you Threats prohibited (can say): If you need us to come back, all you need to do is call, call us again if you need any help, please call us if s/he comes back [calls back, etc.]- (in cases of orders of protection) Searches (Evidence discovered as a result of a warrantless search administered pursuant to a complaint of DV, DVHAN, or Violation of an Order of Protection is admissible in a court of law): If it is found: in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or pursuant to a search incident to a lawful arrest for a violation of DV, DVHAN, violation of an Order of Protection, or a violation of chapter 3, title 16; or if it is evidence of a violation of DV, DVHAN, or an Order of Protection Immunity A law enforcement officer is not liable for an act, omission, on exercise of discretion under chapter 25 of title 16 unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, willfulness, or wantonness. Section 63-7-370 The law enforcement officer upon receipt of a report of domestic violence may report this information to the department of social services. The department may treat the case as suspected report of abuse and may investigate the case as in other allegations or abuse in order to determine if the child has been harmed Other charges to consider Spousal sexual battery, criminal sexual conduct, assault charges, kidnapping, intimidation of witnesses, stalking, physical abuse of a vulnerable adult