TOMPSC SCCJA Cumulative Exam Study Guide

1st Amendment Amendment that dealt with freedom of speech 4th Amendment Search and seizure 5th Amendment The Right to Remain Silent/Double Jeopardy 6th Amendment Right to a speedy and public trial 14th Amendment Due Process Executive, Legislative, Judicial Three Branches Executive Branch Enforces laws Legislative Branch Makes laws Judicial Branch Interprets the laws Supreme Court 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 of approximately 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 No law will be unreasonable, arbitrary, or capricious and the means selected to enforce that law shall have reasonable and substantial relation to the object being sought to be achieved by that law or process Fighting words Words that by their very utterance inflict injury or tend to incite an immediate breach of peace Intoxication, threats, physical interference Forms of speech that are not protected Texas v. Johnson A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment. Trial Running Lost individuals will hastily travel the nearest trail or travel aid Despondent Persons who are severely depressed individuals or persons contemplating suicide View Enhancement Type of strategy occurs when the lost person climbs a hill or tree in order to improve or enhance their view of the area 16 SC code of laws pertaining to weapons Any person under the age of 18 Definition of a child Jeb v. Alabama Case that established the equal protection clause 63 SC Code pertaining to child abuse and juveniles 1996 When was Megans Law passed? 94 How many federal district courts are there? 13 How many circuit courts of appeals are there? Common pleas and general sessions Two branches of a circuit court? Chaplinsky v. New Hampshire Court case that established fighting words Acute, Outward Adjustment, Resolution 3 phases of rape trauma syndrome 90% of population is right handed, majority don't use holsters Characteristics of an armed gunman Protrusions, Printing, Weighted hemline, Straps/slings, commercial concealment gear 5 things you should look for on suspects carrying a weapon Tapping, Grasping, Pressing What are three security checks officers to look for with a gunman? Failure to make shelter/fire, discarding equipment, disrobing, failure to respond to searches, failure to respond to searches, failure to use travel aids Abnormal behaviors in lost individuals The Jury is sworn in Double jeopardy attaches to a jury trial when? 1st witness is sworn in Double jeopardy attaches to a bench trial when? Child Abuse and Neglect Occurs when the parent, guardian, or other person responsible for the child's welfare inflicts upon a child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child Family A spouse, child, parent, sibling, any person who regularly resides Household member A spouse, former spouse, persons with child in common, someone who has or formerly has cohabitation Going from family to general sessions What is transfer of jurisdiction Situational Child Molester Does not have sexual preference for children but will engage in sex with a child for complex reasons Preferential Child Molester Has a sexual preference for children Child Advocacy Center Agency that provides for law enforcement a forensic interviewer, an opportunity for medical protocol to be done, and counseling services for child abuse Rapport, Anatomy Identification, Touch Inquiry, Abuse Scenario, Closure Elements of a forensic interview Mutual Combat A condition or circumstance in which the parties involved agree to a voluntary confrontation 24 hours How long does a department have to begin a preliminary investigation once a child has been taken into EPC? Sextortion MCMEC says that this is the new form of sexual exploitation that occurs online using non-physical forms to encourage victims to provide sexual content of a child Compromise, Assault, Self-destruct, Escape What does C.A.S.E stand for when applied to a suspects potential reaction to arrest? Speed, Surprise, Safety Elements of planning a successful arrest Protective, Search incident to arrest, strip, internal body cavity, ploys affecting the search 5 types of searches ADHD Most common disorder that develops in children Autism Illness that is usually diagnosed within the first three years of life Intellectual Disability Unlike mental illness, this disability is permanent Positive, Negative, Cognitive What are the three symptom categories of schizophrenia? 44 SC code of laws that handles mental illness Mental Illness Condition that impacts and disrupts a persons thinking, feeling, and mood, and may affect their ability to relate to others and daily functioning Schizophrenia A severe, debilitating, lifelong brain disorder that affects a persons ability to think clearly, manage emotions, make decisions and relate to others Genralized Anxiety Disorder Chronic worry about everyday life and things that there is little or no reason to worry about Degenerative brain disorder Alzheimer's disease is a: Dementia Illness defined as an overall decline in intellectual function, including difficulties with language, simple calculations, planning and judgement, and motor skills as well as loss of memory Shock, Disbelief, Anxiety, Guilt, Anger, Fear What are the 6 emotional stages of sexual assault Physical evidence, Victims body, Suspects body Locations for finding evidence 23 What is the SC DNA section DV HAN This is a felony, deals with extreme indifference to human life and it goes to general sessions court DV 1st This is a felony, deals with great bodily injury, and it goes to general sessions court DV 2nd This is a misdemeanor and deals with moderate bodily injury and goes to general sessions court DV 3rd This is a misdemeanor, is your basic DV elements and goes to summary court State V. Wood What court case dealt with self defense Nature of call, Injuries, Number of people on scene, Weapons, Call history, Back up unit availability Information you should know prior to arriving on scene to a DV Avoid parking in front, Turn off lights, Wait for back up, Activate cameras What should you do when approaching a patrol car to DV Check safety, Ask to enter, Be professional but firm, Be careful not to reveal too much, Dont reveal caller ID What do you do when entering a residence of a DV scene Rapport building, Interviewing victim/ taking statements, follow up What are 3 ways to interact with victims Physical, Cognitive, Behavior, Emotional 4 ways victims respond to trauma SCVAN What resource assists victims of crimes through referrals and grant funded direct services DCVC What organization can compensate victims for medical bills, counseling, and loss of wages SCCADVASA Coalition of domestic shelters and rape crisis centers from across the state Kent v US Court case that dealt with transfer of jurisdiction In ReGault Court case that dealt with awarding due process to children In ReWinship Court case that set the standard of proof for proceedings in family court Civil Court What type of court is family court McKelver v Pennsylvania Trial by jury is not constitutionally required Jackson v Denno Hearing Hearing that evaluates "totality of circumstances" State v Parker Court case that determined validity of a minors waiver of their Miranda rights Fear, Isolation children, Economic dependence, Lack of alternative housing, Loss of custody, Lack of job skills, Cultural and religious restraints, Low self esteem, love/hope, Fear of change, Belief that batterer will change Factors that impact a victims decision not to leave 40% Percentage of police families that experience DV 30-60% Percentage of offenders who batter their spouses also batter their children Victimless prosecution prep, Trial prep, Case dismissals, Testimony Preparing for a DV trial includes: Give every chance to talk, Dont sit if they are standing, Listen for spontaneous admission, Never say what victim said What to do when interviewing a suspect Status Offense What is an offense which would not be a misdemeanor or felony if committed by an adult Criminal Offense Means an offense against a person when physical or psychological harm occurs Bond Hearing that must be heard within 24 hours of arrest Aggravated Force Actor uses physical force or physical violence of a high and aggravated nature to overcome the victim or includes the threat of the use of a deadly force weapon is known as Entitlement Rape Offender forces the victim into sexual activity in which underlying issues of power and control are present CODIS National DNA database Custodial Release What form must be signed prior to the release of a child/ juvenile Intake, Adjudication hearing, Disposition hearing What are the steps in the family court system Petition When charges are made against a child what document is used Handcuffed, searched, photographed Procedural concerns once a juvenile is taken into custody Magistrate What court has primary jurisdiction of a restraining order Visual or Physical contact What kind of contact so you need for it to be harassment 1st degree Verbal, Written, or Electronic What kind of contact do you need for it to be harassment 2nd A magistrate or municipal judge prior to setting bail Who can ask for an evaluation of a mental health evaluation of a suspect and when 1 year How long does a restraining order remain in effect 5-15 A regular hearing for a restraining order takes place in how many days 24 hours An emergency hearing for a temporary restraining order takes place in what time period Circuit and Family court Who has primary jurisdiction of a permanent restraining order A period of time set by a judge How long does a permanent restraining order remain in effect 45 days If a complaint does not seek a permanent restraining order, how long does the emergency order remain in effect Family court What court has primary jurisdiction of order of protection State v Abdullah 4th Amendment does not bar LE from making warrant-less entries and searches when they REASONABLY BELIEVE (REASONABLE ARTICULATE SUSPICION)that a person within is in need of immediate aid Tension building, Acute battery, Honeymoon 3 phases of the cycle of violence theory Obergefell v. Hodges Court case allowed for same sex relationships to be covered in DV law Jane Doe v. State of SC Court case allowed same sex rights to order of protection 6 months- 1 year Order of protection is for what fixed amount of time Gang File VGTOF Database is operated by NCIC that aids police in identifying members of violent gangs Hybrid Type of gang active over a short time frame Non- traditional gangs Type of gang is the first seen in community and makes up 40-90% of local crime Stalking Crime that would cause a reasonable person to have fear In SC Restraining orders from SC are only valid where Criminal gang A formal or informal ongoing organization, association, or group that consists of 5 or more persons who from the purpose of committing criminal activity and who knowingly and actively participate in a pattern of criminal group Hardcore, member, associate/peripheral Structure of a gang Forced moves, crime, entertainment industry, technology Reasons for spread of criminal gangs Written/verbal, codes, graffiti, hand signs, colors, music What are the 6 ways gangs communicate Courted/blessed in, jumped in/beat in, sexed in, crime, trial by ordeal What are the different rights of passage into a gang 40 Thieves First modern day gang, developed first kind of dress code, and associated with one area of New York, Irish Immigrants Objective Deals with verifiable facts Subjective Deals with observations that are made Human Trafficking The illegal trade of human beings, a modern-day form of slavery, for the purpose of commercial sexual exploitation, forced labor, or involuntary military combat T Visa Specifically for trafficking victims U Visa For all victims of violent crimes Trust and Control Traumatic victimization destroys what Rapid deployment Swift and immediate deployment of law enforcement to an ongoing, life threatening situation Time line of violence Period of time from the suspects first violent action until the action is stopped or the suspect transitions to another activity Fantasy, Planning, Preparation, Approach, and Implementation 5 stages of an active shooter Parents, Media, General Public, and other First responders What are some outer parameter issues and concerns Be aggressive, Be prepared to be fired upon, Be prepared to encounter casualties, Be flexible Four things included in survival mindset Indicator Based Movement What type of movement is used when the officer doesn't know the general location of the shooter Stimulus Based Movement What type of movement is used when the officer does know the general area of the suspect Book Keeping, Conversion, and Subtyping 3 ways to stereotype FBI Agency that keeps statistics on hate crimes Culture The customary beliefs, social forms, and material traits of a racial, religious, or social group Personal Prejudice Occurs when members of another social group are perceived as a threat to one's own Group Prejudice When a person conforms to group norms because it appears that is what is expected Intolerance Unwillingness to accept views, beliefs, or behavior that differ from one's own Ignorance Lack of knowledge or information Limited Perception Perceiving others through a limited experience which ultimately could create stereotyping Indifference Lack of interest, concern, or empathy