SCCJA Block 1 Exam Study Guide

All domestic violence calls have the potential to be a Homicide Deadly weapon Means any pistol, dirk, slingshot, metal knunckles, razor, or other instutment which can be used to inflict deadly force Great bodily injury Bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment or d 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. Doesn't include one time treatment. Prior conviction of domestic violence Includes conviction of any crime, in any state, containing among its elements those enumerated in, or substantially similar to those enumerated in. Within the ten years prior to the incident date of the current offense Protection order Any order of protection, straining order, condition of bond, or any other similar order issued in this state or another state or foreign jurisdiction for the purpose of protecting a household member Firearm Pistol, revolver, rifle, shotgun, machine gun, au machine gun, or assault rifle which is dishonest to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive but does nothing include an antique firearm as defined in 18 USC 921 Household members Spouse, former spouse, person who have a child in common, male and female who are cohabiting or formerly have cohabited Obergefell v. Hodges (2015) Constitution grants rights to same sex married couples as are afforded to heterosexual couples through marriage. Enforcement of DV laws Officers make the decision for arrest since many victim decline prosecution. We do this in order to hold offenders accountable for their actions Domestic violence (it is unlawful to) Cause physical harm or injury to a persons own household member; or offer or attempt to cause physical harm or injury to a persons own household member with apparent present ability under circumstances reasonably creating fear of imminent peril Person violates subsection (A) first part A person who violates this subsection is guilty about f a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more then two thousand five hundred dollars or imprisoned not more than ninety days or both. Person violates subsection (A) second part Domestic violence in the third degree is a lesser-included offense of domestic violence in the second degree, as defined in subsection (C), domestic violence in the first degree, as defined in subsection (B), and domestic violence of a high and aggravated nature. Person violates subsection (A) third part Assault and battery in the third degree pursuant to section 16-3-600(E) is a lesser included offense of domestic violence in the third degree as defined in this subsection. A person who violates this subsection is eligible for pretrial intervention pursuant to chapter 22 title 17 I'm the process of committing DV in the 3rd degree one of the following also results a) the offense is committed in the presence of, or while being perceived by, a minor b) the offense is committed against a person known, or who reasonably should have been known, by the offender to be pregnant c) the offense is committed during the commission of a robbery, burglary, kidnapping, or theft d) the offense is committed by impeding the victims breathing or air flow The offense is committed using physical force or the threatened use of force against another to block that persons access to any cell phone, telephone or electronic communication device with the purpose of preventing, obstructing, or interfering with: The report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider Felony offense-general sessions court a) great bodily injury to the persons own household member results or the act is accomplished by means likely to result in great bodily injury to the persons own household member b) the person violates a protection order and in the process of violating the order commits domestic violence in the second degree c) has two or more prior convictions of domestic violence within ten years of the current offense d) the person uses a firearm in any manner while violating the provisions of subsection (A) DV 1st degree Great bodily injury/likely result violation OOP/RO-commits DV 2nd 2 or more convictions DV/10 years, uses firearm DV 2nd Degree Moderate bodily injury/likely result, Violation of OOP/RO- commits 3rd, one prior conviction/10 years Person violates section 16-25-20 and one of the following from section 16-25-65 Commits the offense under circumstances manifesting extreme indifference to the value of human life & great bodily injury to the victim results; commits the offense, with or without an accompanying battery & under circumstances manifesting external indifference to the value of human life, & would reasonably cause a person to fear imminent great bodily injury or death; violates a protection order and, in the process to f violating the order, commits domestic violence in the first degree Circumstances manifesting extreme Indifference to the value of human life include, but are not limited to, the following; Using a deadly weapon, knowingly & intentionally impeding the normal breathing or circulation of the blood of a HH member by applying pressure to the throat or neck or by obstructing the nose or mouth of a HH member & thereby causing stupor or loss of consciousness for any period of time, commuting the offense in the presence of a minor, commuting the offense against a person he knew, or should have known, to be pregnant; commuting the offense during the commission of a robbery, burglary, kidnapping, or theft Circumstances manifesting extreme Indifference to the value of human life include, but are not limited to, the following; Using physical force against another to block that persons access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with (a) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or (b) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider 16-25-70 A law enforcement officer may arrest, with or without a warrant, a person at the persons place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony pursuant to the provisions of 16-25-20, 16-25-65,16-25-125 Requirements of 16-25-70 Law enforcement agency must complete an investigation of an alleged violation of this chapter even if the law enforcement agency was not notified at the time the alleged violation occurred. The investigation must be documented on an incident report form which must be maintained by the investigating agency. Entering the premises (section 16-25-70) In effecting an arrest under 16-25-70, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member Factors law enforcement must consider in determining primary physical aggressor: Prior complaints of domestic or family violence, the relative severity of the injuries inflicted on each person talking into account injuries alleged which may not be easily visible at the time of the investigation, the likelihood of future injury to each person, whether one of the persons after in self defense and household member accounts regarding the history of domestic violence Officers, while not mandated to do so, may also want to consider: The relative size and strength of the parties, the relative physical abilities of the parties, the relative ability to seek assistance without having to inflict injury on the other party in self-defense, whether children were in the home that one party felt a need to protect, whether a party had access to a weapon to inflict harm on the other party even if harm was not inflicted with that weapon, prior law enforcement accounts of the parties behaviors Mutual combat Mutual combat is a voluntary confrontation between parties, true "mutual combat" is rare in domestic violence assaults, victims often fight out of necessity or defense and therefore it is not mutual Self defense Only enough force necessary to end the attack of threat of attack is allowed, a small blow will not justify an enormous beating, if the defense does not subside once the attack or threat is removed, then the defender becomes the aggressor, no duty to retreat if doing so would increase danger of being killed or suffering serious bodily injury Dual arrest- If an officer cannot determine who the primary physical aggressor is, then two or more persons may be arrested. The officer must: Include the grounds for arresting multiple parties in the written incident report; include a statement that the officer attempted to determine which party was the primary physical aggressor and were able to make that determination based upon the evidence available at the time of arrest Threats prohibited An officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage request for intervention by law enforcement by a party Threats prohibited (don't say): If I have to come back here again somebody is going to jail, if we have to come back here again everyone will be arrested, I'd we have to come back here, everyone will be arrested and DSS will take the kids, if you (the victim) call us again , I am going to arrest you Threats prohibited (can say): If you need us to come back, all you need to do is call, call us again if you need any help, please call us if s/he comes back [calls back, etc.]- (in cases of orders of protection) Searches (Evidence discovered as a result of a warrantless search administered pursuant to a complaint of DV, DVHAN, or Violation of an Order of Protection is admissible in a court of law): If it is found: in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or pursuant to a search incident to a lawful arrest for a violation of DV, DVHAN, violation of an Order of Protection, or a violation of chapter 3, title 16; or if it is evidence of a violation of DV, DVHAN, or an Order of Protection Immunity A law enforcement officer is not liable for an act, omission, on exercise of discretion under chapter 25 of title 16 unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, willfulness, or wantonness. Section 63-7-370 The law enforcement officer upon receipt of a report of domestic violence may report this information to the department of social services. The department may treat the case as suspected report of abuse and may investigate the case as in other allegations or abuse in order to determine if the child has been harmed Other charges to consider Spousal sexual battery, criminal sexual conduct, assault charges, kidnapping, intimidation of witnesses, stalking, physical abuse of a vulnerable adult Identify proper procedures prior to arriving at the scene of a domestic violence incident How you respond can determine outcome The initial call Not always a 911, not always dispatched as a "domestic", you see things on your own Self initiated call Provide dispatch your: location, how many people are involved, observations, request a back up If dispatched Gather as much information as possible, use dispatcher or in car computer Gather information (two initial reasons) Officer safety, start the initial investigation Officer safety The more information about the event, environment and people involved the more you can prepare to address any dangers. Help for the victim is delayed if you get injured Things to know Nature of the call, number of people on the scene, anyone injured, are weapons present, call history of location, back up availability, run NCIC check Start initial investigation Known and unknown information guides the investigation, answers to questions determine your actions. Don't assume anything Primary purpose for gathering information To formularle a plan of action prior to arriving on the scene, failure for you to plan in advance can cost you your life or someone else Arrival to the scene One of the most dangerous times, DV highly charged and volatile environment, abusers assume you will be coming, beware of ambush Arrival to the scene Dv are transient, do not telegraph your arrival, use high-risk procedures when approaching the incident location High risk tactics vehicle Avoid parking in driveway or in front of location, turn off vehicle lights, wait for back up (if not emergency), activate in car or body worn video camera High risk tactics foot approach Make note of dangers, enough light, objects in the way, loose dogs and animals, other structures (ambush hazard) High risk tactics other considerations Don't get tunnel vision, don't walk in the open, use cover and concealment, don't stand in front of doors & windows, are there any immediate threats/danger? entering residence- Complaint you have the right to check on everyone's safety. you are there to investigate, ask to enter, professional but firm, may have to fabricate reason for being there, Never reveal ID of caller, not out of danger if invited in, beware of the overly nice Entering residence- non compliant you have the right to check on everyone's welfare/well being. (who is there?), is everything truly OK? (verbal/behavior), Person(s) argumentative or evasive? entering the premises (section 16-25-70) in effecting an arrest under 16-25-70, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member authority to enter (state v. Abdullah) SC court of appeals that recognized that the 4th Amendment does not bar police officers from making warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid, reasonable articulable suspicion is the standard here DV Statute based on probable cause, to make an arrest, to prevent injury to a family or household member State v Abdullah court case based on reasonable suspicion, that a person(s), needs immediate aid law enforcement responsibility at a DV incident separate everyone, restore order, give clear verbal direction/commands, are there any injuries, get written statements, ID everyone (to include children), be observant (normal vs. abnormal) observation is Key 4 steps circle observation, suspicion, questions, answers interviewing information is the glue that binds the puzzle together interviewing ask specific open ended questions, Dont ask= get no answers, good observation is key, ask clarifying questions Denial flags Words like "honestly" and "off the record" and using medical excuses for behavior should all be looked at suspiciously possible "indicators" of deception Choice of words, Misdirecting questions, Denial flags, Changes in demeanor, posture or behavior, Stalling or repeating questions separate people (sight and sound) prevent contact between victim and abuser, conduct interview without person being under treat, prevent alteration of statements, restrict access to weapons Interviewing-victim Victim report officers don't talk to the, interview ineffectively or are judgmental, build rapport, be patient, take notes, listen for excited utterances, (stress, fear, anger, trauma effect their interaction) Interviewing-victim continued Don't stand over them, mirror their actions but not at risk of officer safety, be compassionate/non-blaming, translation issues-Never ask children to translate Victim questions ID themselves, what happened, when happened, where happened, why happened, anyone injure them, any weapons, threats made, who did it, their perceptions (what thinking? What feeling?) Question not to forget Prove the nature of the relationship between the victim and suspect by seeking items that do not require testimony such as..., critical element of domestic violence statute Hidden injuries Ask if hurting/injuries anywhere not seen (under clothes, scalp, sexual), anything else they want to tell you? Interviewing suspect You need to interview (fair/impartial), give them every chance to talk. Don't let them use the excuse "I didn't tell you Bc you didn't ask", be tactically sound in your positioning suspect, beware befriending, don't justify their actions, listen for (excuses, spontaneous admissions, excited utterances) Interviewing the suspect Ask for explanations, never tell the suspect what the victim or others have told you, use Miranda warning if you transition to custodial interrogation Interviewing children Sometimes the only source of info, children in tough position, introduce yourself, get down on their level, assess ability to communicate, do not ask leading questions Suggested questions for child interviews What did you see, what did you hear, what did you do, how did you feel Interviewing- others Doctors, nurses, ems, social workers, non-law enforcement personnel should not be promoted to ask investigative questions, let them treat their patient then ask what they can share with you Interviewing others Witnesses to event (are they related to the event, are they truly objective) Statements Get from everyone, get as soon as possible, get written, get recorded (video/audio) considered testimonial evidence Why get statements Helps write the report in its proper order, establishes probable cause for arrest, shows demeanor, stress, and records exact words Incident reports DV statute says officers must investigate domestic violent complaints, does mandate a report whether an arrest is made or not Report contents Detail, detail, detail; focus on facts not opinions, incident location, how did you prove nature of relationship between victim and suspect- ask victim, ask suspect, find ways to establish without victim/suspect Report contents (continue) Full and accurate contact information for person, description of victim/suspect Report-narrative Write a story (beginning, middle, end); transport others back to time and place, document perceptions of each person, document demeanor (excited utterance) Report narrative Direct "critical" statements in quotes, justify your actions (arrest/non-arrest), services provided, information shared Reports- evidence logs/sheets What it is (description); where was it (location and position); who retrieved; how retrieved(warrant, plain view, consent) Reports - injuries Detailed descriptions, location, color, dimensions, blood, associate pain Domestic violence injures If you don't know what causes it just describe it, bruises (don't age, heal at various rates) Strangulation/suffocation injury Sign of increased lethality, none to external signs are present, strangulation is "external" pressure on veins, artistes, or airway, need medical attention immediately, MRI (magnetic resonance imaging) can detect internal injuries Arrest decisions Did you determine primary aggressor as required by statue, know where to find it in statue Dual arrest May be necessary, mutual combat extremely rare, document reason for dual arrests (arresting both persons Bc you don't want to investigate is improper Arrests Make sure elements of crime are present, mandatory v. Discretionary, not all calls require arrest Officer immunity for arrest section 16-25-70 A law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, willfulness, or wantoness Arrest- special situations If suspect has fled scene and you had PC to arrest you have enough to get a warrant, put it warrants in NCIC as soon as possible, arresting other officers, "Unarrest" orders Arrest- additional considerations Run rap sheets ( prior convictions), firearm prohibitions, contact US attorney's office Section 56-7-15 It is permissible for law enforcement to use uniform traffic tickets or a charging document for domestic violence 2nd and domestic violence 3rd degree. The offense must be freshly committed or occur in the presence of the officer. Must immediately complete an incident report to document the issuance of the citation Arrests- priors Check rap sheets for priors, amend charge if needed (follow dept. Policy, notify solicitor). Arrest-without is arrant Freshly committed, active seeking/investigation, follow dept. policy, detention facility must have a charging document shortly after arrest- 17-15-30 states that a person charged with its a bailable offense must have a bond within 24 hours of arrest Section 17-15-30 reads: Prior to or at the time of the hearing, the arresting law enforcement agency shall provide the court with the following information if available: persons criminal record, any charges pending against a person at the time release is requested, all incident reports generated as a result of the offense charged Bond court- no contact orders A bond condition of "no contact" from the bond judge is not an order of protection or restraining order, if offenders violate the no Contact condition, officers must present evidence to the bond judge who may issue a warrant before enforcing the bond Domestic violence The batterer is seeking power and control over his/her intimate partner with the methods of violence and fear What is domestic violence? It is more than merely "hitting" your loved one. Hitting implies that a person simply has problems managing his/her anger. Anger management and domestic violence are two very different behaviors Domestic violence A systematic, comprehensive method of controlling an intimate partner or family member through physical, sexual, emotional, psychological, or financial abuse 4 major forms of domestic abuse Physical, emotional/psychological, sexual, economic Cycle of violence theory Acute bartering, tension building, honeymoon phase Tension building phase Lasts and indeterminate amount of time, heightened sense of foreboding, stress, and tension builds in the relationship, emotional abuse and some beginning levels of physical violence can occur Acute battering phase Produces the actual violent physical outburst, which can last seconds to hours, anything can be the trigger for the battering, even the most trivial reason Honeymoon phase Period of apologies and remorse, which often leads to reconciliation. The strong ties between the victim and the batterer reinforce this cyclical pattern. Each honeymoon phase gives hope to the victim that the cycle will end. However, it is temporary and tension builds again Continuum of violence theory Relationships which contain violence will continue to become more violent over time. Unless there is some early intervention, the violence moves up the continuum until death occurs and removes either the victim or the perpetrator from the relationship. The end of the continuum marks the complete disappearance of the honeymoon phase in the cycle of violence theory. As rime increases, violence also increases. Indicators that a batterer may use lethal violence against a partner Treats to kill him/herself and/or others. Threats of the use of weapons in the past. Obsessive- if I can't have you nobody will, being served with OOP/divorce paperwork may trigger violence The average battered victim will attempt to leave between: 7 to 10 times before leaving and staying away Scope of the problem Approximately 40% of police families have experienced domestic violence. Police families are 2-4 times more likely to experience domestic violence than the general population Reasons victims don't come forward Victims fear calling for help Bc they may know the personnel responding, that the responding officers will not be impartial, that responding officers may retaliate on behalf or the abusive officer Domestic violence and children 30%-60% of offenders who batter their spouses also batter their children Older battered victims A significant portion or elder abuse is spousal abuse that has been occurring in the marital relationship for many years or begins to occur in the second or third marriages handicapped