SCCJA Special Basic Study Guide with complete solutions (Updated) |Latest 2024/2025

SCCJA Special Basic Study Guide with complete solutions (Updated) Historical Events occurring between 1776 and 1791 that lead to decisions that lead to the ratification of the Constitution and the Bill of Rights ️ 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 ️ 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 ️ 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 ️ 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 ️ 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 ️ 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 ️ Executive Branch (Enforce the law) What are Peels Principles of Modern Law Enforcement ️ 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 ️ 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 ️ The SCOTUS is the court of last resort. There are 9 members of the court with a Chief Justice. What is "case law" ️ Written decision of appellate courts deciding actual cases-- also known as precedent or common law What are elements of an offense ️ elements, or key points that the state must prove for every offense in order to obtain a conviction. Structure of the US Court System ️ From Bottom to Top: U.S. District Courts, US Court of Appeals, SCOTUS Structure of the South Carolina Court system ️ 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 ️ 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 ️ Comes from Sumeria in modern day Iraq Where does common law come from ️ Court Decisions Where does statutory law come from? ️ Legislatively created laws What are the accused rights in the criminal trial ️ 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? ️ 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 ️ Doubt that prevents one from being convinced of defendants guilt-- belief there is a real possibility that a defendant is not guilty