SCCJA Pre-Academy Block 1 Practice Questions and Answers | Latest Update

SCCJA Pre-Academy Block 1 Practice Questions and Answers | Latest Update . 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 00:0301:18 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 neck or by obstructing the nose or mouth of a household member and thereby causing stupor or loss of consciousness for any period of time -the offense is committed in the presence of 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 offender physically restricts the victim from reporting to or calling emergency services When an officer can arrest for DV If the offense is being committed or has been freshly committed Primary physical aggressor mandatory determiners prior complaints of DV severity of injuries likelihood of future injury whether someone acted in self-defense household member accounts Primary physical aggressor recommended determiners size and strength physical ability ability to seek assistance without self defense children present criminal history access to weapons prior LE encounters Mutual Combat when the parties to a fight voluntarily engage in violence self-defense use of force that appears reasonably necessary for the self-protection of an intended victim what not to say to victim at a dv scene they or everyone will get arrested DSS will take the kids why do you stay/you need to leave/you're dumb or crazy for staying I wouldn't put up with that/why do you allow yourself to get hit/I wouldn't let this happen in my family what to say to victim at a dv scene if you need us to come back just call please call if offender comes back I am afraid for your and your children's safety you do not deserve this and it is not your fault it will only get worse give information about dv resources When is evidence obtained from a dv scene admissible? -found in plain view -found during a search conducted after a lawful arrest -if it is evidence of a violation of dv law Steps to take at a dv scene gather information-find out the nature of the call, number of people on scene, injuries, presence of weapons, call history of location, back up unit availability; start the process of investigation arrival at the scene-use cover and concealment, avoid parking in front of incident location, turn off vehicle lights at night, wait for backup to arrive, activate in car and body cameras entering a residence-gain compliance to come in if possible, check on the safety and welfare of everyone inside, expect danger even if you are invited in State v. Abdullah 4th Amendment does not bar LE from making warrant-less entries and searrches when they REASONABLY BELIEVE (REASONABLE ARTICULABLE SUSPICION)that a person within is in need of immediate aid. LE responsibilities at a DV scene separate persons by sight and sound restore order and gain control assess if there are any injuries and if medical response is needed get written statements from everyone on scene identify everyone on scene be observant for all things notified victim of the right to initiate criminal proceedings and to seek an order of protection advise parties of importance of preserving evidence Reasons to separate parties at a dv scene prevent contact between victim and abuser conduct interviews without the victim being under threat prevent alteration of statements restrict access to weapons indicators of deception choice of words misdirecting questions denial flags changes in demeanor, posture, or behavior stalling or repeating questions common questions to ask a victim identify themselves what, if anything, happened when did it happen where did it happen what, if anything, was said non-visible injuries what, if anything, was used as a weapon who did it what were they thinking at the time 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 denies or minimizes the effects of their violence extreme jealousy/possession abuses alcohol or drugs do not believe that violent behavior should have negative consequences cruel to animals and children fast moving in relationships isolate partner from family and friends use verbal abuse to intimidate alternate from extreme tenderness to extreme aggression very different public and personal life will file a false police or DSS report if victim leaves with children batterer treatment program a pre-trial intervention program for dv offenders, may offer the opportunity for expungement family court court that has jurisdiction over domestic abuse protection orders magistrate court court that has jurisdiction over domestic abuse protection orders only if family court is not available 4 options of where an order of protection can be filed where the abuse occurred where the victim resides or is sheltered where the batterer resides where the parties last resided together Petitioner a person who makes a formal application to a court for an order of protection respondent a person on the receiving end of an order of protection petition a formal request for an order of protection, must include the specific time, place, and details of alleged abuse and any other pertinent facts and circumstances who can file a petition for an order of protection? any household member on behalf of themselves or a minor child what 2 things must the court provide the victim in the petition process? simplified forms and no filing fee Emergency hearing a hearing held within 24 hours on a petition for order of protection regular hearing a hearing held within 5-15 days on a petition for order of protection how long does an order of protection last? no less than 6 months and no more than 1 year violation of an order of protection -offender violates the terms and conditions of an order of protection brady indicator found on an NCIC record, shows a person is prohibited from possessing firearms LE responsibilities at domestic violence escorts meet up with complainant at another location find out if there are any court orders involved find out of other party knows you are coming find out location of any weapons find out what items complainant is retrieving do not assist, focus only on parties involved Foreign Protection Order a protection order issued by a tribunal or another state how to prepare for victim-less prosecution in a dv case detailed and thorough incident report original statements/photos/videos/audio all evidence with property custody documents medical records criminal records copies of charging documents/subpoenas/victim's forms a list of persons needed to testify how to prepare for a dv trial meet with prosecutor review the case dress in a professional manner how to testify in a dv trial speak with confidence establish jurisdiction narrate the facts of the case establish nature of relationship between victim and batterer give detailed descriptions of people and environments always answer questions truthfully if you don't know something, say so provide only the information requested Exceptions to hearsay dying declaration, spontaneous admission, excited utterances, present sense impressions Kent v. US right to hearing before transfer to adult court right to counsel at transfer hearing 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