SCCJA Pre-Academy Block 1-Domestic Violence, Juvenile Procedures, Victimology, Harassment and Stalking, Criminal Gang

SCCJA Pre-Academy Block 1-Domestic Violence, Juvenile Procedures, Victimology, Harassment and Stalking, Criminal Gang. 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