SCCJA Special Basic Study Guide
Historical Events occurring between 1776 and 1791 that lead to decisions that lead to the
ratification of the Constitution and the Bill of Rights - correct answer-Colonists declared
independence from England, in order to create a central government without the ability to
become a tyranny. Strong versus Decentralized form of government battle where the Bill of
Rights came in.
First Amendment - correct answer-Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition the government
for a redress of grievances.
4th Amendment - correct answer-The right of people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be violated, and
no warrants shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be searched.
6th Amendment - correct answer-In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the state and district wherein the
crime shall have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining witnesses in his favor, and
to have the assistance of counsel for his defense.
14th Amendment - correct answer-All persons born or naturalized in the United States and
subject to the jurisdiction thereof, are citizens of the United States and of the State wherein
they reside. No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws. This is the Due Process amendment
What is the separation of powers concept - correct answer-concept that the division of
government responsibilities among the various branches- Legislative (writes-makes the
laws), Executive (Enforces the law), Judicial (Interprets the law)
What branch of government does law enforcement belong to - correct answer-Executive
Branch (Enforce the law)
What are Peels Principles of Modern Law Enforcement - correct answer-Principles that are
relevant for law enforcement to follow today. The big one- The ability of the police to perform
their duties is dependent on public approval. Otherwise some others include remaining
impartial, only use physical force to the extent necessary, prevent crime is the basic mission
Recognize the importance of the South Carolina State constitution - correct answer-Identical
concepts to the US Constitution however two differences: In addition to the protections in the
,4th amendment, and individual is also protected against unreasonable invasions of privacy
and in regards to the particularity requirement, the information sought pursuant to a warrant
be stated significantly
Function and organization of the US Supreme Court - correct answer-The SCOTUS is the
court of last resort. There are 9 members of the court with a Chief Justice.
What is "case law" - correct answer-Written decision of appellate courts deciding actual
cases-- also known as precedent or common law
What are elements of an offense - correct answer-elements, or key points that the state must
prove for every offense in order to obtain a conviction.
Structure of the US Court System - correct answer-From Bottom to Top: U.S. District Courts,
US Court of Appeals, SCOTUS
Structure of the South Carolina Court system - correct answer-Bottom to Top: Summary
Courts (Magistrate, Municipal, Probate Courts), Circuit Court (Common pleas- CIVIL and
General Sessions- CRIMINAL), Court of Appeals.
Also within are Family Court and Master-in-Equity court
How can a state case be reviewed in Federal Court - correct answer-Cases may be
appealed to the US Supreme Court by petitioning for a Writ of Certiorari. This is the ONLY
way. Has to deal with a US constitution issue.
What are the origins of criminal law - correct answer-Comes from Sumeria in modern day
Iraq
Where does common law come from - correct answer-Court Decisions
Where does statutory law come from? - correct answer-Legislatively created laws
What are the accused rights in the criminal trial - correct answer-Right to a speedy trial, a
jury trial, in the county where the crime was committed, and to be confronted by witnesses
against him. Also entitled to counsel for the defense, privilege against self incrimination, and
a compulsory process for obtaining witnesses in his behalf
What is the burden of proof? - correct answer-A party's duty to prove a disputed assertion or
charge. Burden of proving is solely on the state. When trying someone for a crime to convict
them we need "beyond a reasonable doubt"
What is reasonable doubt - correct answer-Doubt that prevents one from being convinced of
defendants guilt-- belief there is a real possibility that a defendant is not guilty
What is double jeopardy? - correct answer-The prosecution of a person twice for the same
offense.
, What critical elements of proof are needed to be able to prove beyond a reasonable doubt to
convict someone of a crime - correct answer-1. Jurisdiction- crime happened in court area
2. Identify the Defendant- prove Def. is actually the person who committed the crime
3. Physical action (Actus Reus)- Defendant committed the necessary actions that make up
the crime
4. Mental intent- Def. had right mindset (intentionally, knowingly, recklessly, negligently, and
strict liability
What are the stages of a criminal case in South Carolina - correct answer-crime occurs,
arrest, bond hearing, preliminary hearing, Grand Jury, arraignment where plea is given,
pre-trail hearings and plea hearings, Trial.
What are diversionary programs - correct answer-A program for the disposition of a criminal
charge without a criminal trial.
What are examples of diversionary programs - correct answer-Pre-Trial Intervention, Alcohol
Education program, Veterans Court
What makes a person eligible for a diversionary program - correct answer-1st time offender
charged with non-violent crime, 17 or older, referred by a judge-attorney-police officer.
Cannot be eligible if already went through a program, If charged with a DUI, a traffic offense
punished by a fine or loss of points, any crime of violence
Courtroom officials - correct answer-Judge- decides questions of law, swears in jury
Jury- decides questions of fact, come up with verdict in trial
Solicitor- prosecute the Defendant
Defense Attorney- represent Defendant
Clerk of Court- keep documents and swear in witnesses
Court reporter- keep record of all said in court
Bailiff- assist court as needed
Who can prosecute a criminal case in South Carolina - correct answer-Attorneys hired to
represent the state, the arresting officer, the arresting officer's supervisor, or a licensed
security guard if the crime occurred on private prop. that the guard worked for.
The order of closing arguments in a criminal trial goes how - correct answer-This is up to the
discretion of the Judge but typically if the Defendant requests closing then they will go and
the State will follow, if the state requests the state will go and the Defense will follow or
respond
What are fighting words? - correct answer-words that "by their very utterance inflict injury or
tend to incite an immediate breach of peace"
What does Texas v Johnson mean for the 1st amendment protection of expressive conduct -
correct answer-Case allows the burning of the American Flag in political protest and
avoidance of criminal punishment for it
Historical Events occurring between 1776 and 1791 that lead to decisions that lead to the
ratification of the Constitution and the Bill of Rights - correct answer-Colonists declared
independence from England, in order to create a central government without the ability to
become a tyranny. Strong versus Decentralized form of government battle where the Bill of
Rights came in.
First Amendment - correct answer-Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition the government
for a redress of grievances.
4th Amendment - correct answer-The right of people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be violated, and
no warrants shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be searched.
6th Amendment - correct answer-In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the state and district wherein the
crime shall have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining witnesses in his favor, and
to have the assistance of counsel for his defense.
14th Amendment - correct answer-All persons born or naturalized in the United States and
subject to the jurisdiction thereof, are citizens of the United States and of the State wherein
they reside. No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws. This is the Due Process amendment
What is the separation of powers concept - correct answer-concept that the division of
government responsibilities among the various branches- Legislative (writes-makes the
laws), Executive (Enforces the law), Judicial (Interprets the law)
What branch of government does law enforcement belong to - correct answer-Executive
Branch (Enforce the law)
What are Peels Principles of Modern Law Enforcement - correct answer-Principles that are
relevant for law enforcement to follow today. The big one- The ability of the police to perform
their duties is dependent on public approval. Otherwise some others include remaining
impartial, only use physical force to the extent necessary, prevent crime is the basic mission
Recognize the importance of the South Carolina State constitution - correct answer-Identical
concepts to the US Constitution however two differences: In addition to the protections in the
,4th amendment, and individual is also protected against unreasonable invasions of privacy
and in regards to the particularity requirement, the information sought pursuant to a warrant
be stated significantly
Function and organization of the US Supreme Court - correct answer-The SCOTUS is the
court of last resort. There are 9 members of the court with a Chief Justice.
What is "case law" - correct answer-Written decision of appellate courts deciding actual
cases-- also known as precedent or common law
What are elements of an offense - correct answer-elements, or key points that the state must
prove for every offense in order to obtain a conviction.
Structure of the US Court System - correct answer-From Bottom to Top: U.S. District Courts,
US Court of Appeals, SCOTUS
Structure of the South Carolina Court system - correct answer-Bottom to Top: Summary
Courts (Magistrate, Municipal, Probate Courts), Circuit Court (Common pleas- CIVIL and
General Sessions- CRIMINAL), Court of Appeals.
Also within are Family Court and Master-in-Equity court
How can a state case be reviewed in Federal Court - correct answer-Cases may be
appealed to the US Supreme Court by petitioning for a Writ of Certiorari. This is the ONLY
way. Has to deal with a US constitution issue.
What are the origins of criminal law - correct answer-Comes from Sumeria in modern day
Iraq
Where does common law come from - correct answer-Court Decisions
Where does statutory law come from? - correct answer-Legislatively created laws
What are the accused rights in the criminal trial - correct answer-Right to a speedy trial, a
jury trial, in the county where the crime was committed, and to be confronted by witnesses
against him. Also entitled to counsel for the defense, privilege against self incrimination, and
a compulsory process for obtaining witnesses in his behalf
What is the burden of proof? - correct answer-A party's duty to prove a disputed assertion or
charge. Burden of proving is solely on the state. When trying someone for a crime to convict
them we need "beyond a reasonable doubt"
What is reasonable doubt - correct answer-Doubt that prevents one from being convinced of
defendants guilt-- belief there is a real possibility that a defendant is not guilty
What is double jeopardy? - correct answer-The prosecution of a person twice for the same
offense.
, What critical elements of proof are needed to be able to prove beyond a reasonable doubt to
convict someone of a crime - correct answer-1. Jurisdiction- crime happened in court area
2. Identify the Defendant- prove Def. is actually the person who committed the crime
3. Physical action (Actus Reus)- Defendant committed the necessary actions that make up
the crime
4. Mental intent- Def. had right mindset (intentionally, knowingly, recklessly, negligently, and
strict liability
What are the stages of a criminal case in South Carolina - correct answer-crime occurs,
arrest, bond hearing, preliminary hearing, Grand Jury, arraignment where plea is given,
pre-trail hearings and plea hearings, Trial.
What are diversionary programs - correct answer-A program for the disposition of a criminal
charge without a criminal trial.
What are examples of diversionary programs - correct answer-Pre-Trial Intervention, Alcohol
Education program, Veterans Court
What makes a person eligible for a diversionary program - correct answer-1st time offender
charged with non-violent crime, 17 or older, referred by a judge-attorney-police officer.
Cannot be eligible if already went through a program, If charged with a DUI, a traffic offense
punished by a fine or loss of points, any crime of violence
Courtroom officials - correct answer-Judge- decides questions of law, swears in jury
Jury- decides questions of fact, come up with verdict in trial
Solicitor- prosecute the Defendant
Defense Attorney- represent Defendant
Clerk of Court- keep documents and swear in witnesses
Court reporter- keep record of all said in court
Bailiff- assist court as needed
Who can prosecute a criminal case in South Carolina - correct answer-Attorneys hired to
represent the state, the arresting officer, the arresting officer's supervisor, or a licensed
security guard if the crime occurred on private prop. that the guard worked for.
The order of closing arguments in a criminal trial goes how - correct answer-This is up to the
discretion of the Judge but typically if the Defendant requests closing then they will go and
the State will follow, if the state requests the state will go and the Defense will follow or
respond
What are fighting words? - correct answer-words that "by their very utterance inflict injury or
tend to incite an immediate breach of peace"
What does Texas v Johnson mean for the 1st amendment protection of expressive conduct -
correct answer-Case allows the burning of the American Flag in political protest and
avoidance of criminal punishment for it
