SCCJA UNIT 2 Exam Study Guide

Ethics study of what is morally right and what is not Motivations for unethical conduct Anger lust greed peer pressure Common crimes officer commit False statements, larceny, sex offenses, battery Average experience level of officers who get in ethical dilemmas 7 years 1st phase of continuum of compromise Omission Examples of omission Ignoring traffic violations, failing to conduct follow ups, complete paperwork 2nd phase of continuum of compromise administrative Examples of administrative unethical conduct drinking on duty, not reporting accidents 3rd phase of continuum of compromise criminal Examples of criminal unethical conduct evidence tampering, thefts 4 justifications for unethical conduct denial of victim, victim of circumstance, higher cause, victim blaming Denial of victim officer believes there's no victim, so no harm done. example- stealing money from drug dealer Victim of circumstance Officer believes no choice but to act in a certain way Higher cause Officer believes he must break rules to accomplish goal. example- unlawful search of sexual predator Consequences of unethical conduct Criminal charges, civil litigation, negative impact on community relations, disciplinary action, loss of certification, domestic problems Greatest consequence of unethical conduct officer safety 2 groups that officers feel pressured by to keep quiet about unethical conduct Individuals who commit the act, someone not involved in it 4 consequences officers believe will happen if they don't uphold code of silence Officer involved will be disciplined, officer who ratted will be disciplined, officer who ratted will be shunned, administration won't do anything Ways agencies can control code of silence ethics training, accountability, open communication, anon reporting, protect officers who come forward 2 ways social media affects law enforcement agency's image and officer's credibility 8 reasons academy can deny certification conviction of a felony or crime with sentence of more than 1 year, illegal use of controlled substance, excessive force, unsafe firearm or vehicle usage, abuse of public, falsification of employment info, lying to employer, untruthfulness to employer 4 reasons certification can be revoked Falsification of certification application, officer found ineligible for service due to failure to meet prereqs, officer convicted of criminal offense, misconduct Moral turpitude Anything done contrary to justice, honesty, modesty or good morals. Crimes of moral turpitude fraud larceny intent to harm persons or things Statutory law enacted by legislature Common law developed in England from customs and court decisions, adopted by SC in 1712 How many felony categories? 6 How many felonies exempt from classification system? And what kind? 40- Murder, Homicide by Child Abuse, Burglary 1st, drug trafficking How many misdemeanor categories? 3 What misdemeanors are exempt from classification? Those that carry term of less than 1 year or more than 3 Class A Misdemeanor 3 yrs Class B Misdemeanor 2 yrs Class C Misdemeanor 1 yr 2 types of defendants principal, accessory Types of courts summary, family, circuit, SC court of appeals, SC supreme court Summary court divisions magistrate (crimes with $500 fine, 30 days) municipal (city ordinance violations, civil cases) Circuit Court Court of General Sessions (criminal), Common Pleas (civil). Bond hearings for death penalty SC Court of Appeals Court reviews cases, except death penalty SC Supreme Court Hears Direct Appeals and Writ of Cert Types of Direct Appeals death penalty murder, public utility, public bond, elections, constitutional questions Order of trying a case Crime occurs, arrest/bond hearing, prelims, grand jury, arraignment Significance of Prelims Held by magistrate/municipal judge, determines PC. Requested by defendant within 10 days of bond hearing, state evidence presented, informal and evidence rules don't apply Significance of Grand Jury 18 jurors, 12 must agree for true bill. Held in secret to determine if enough evidence for trial Significance of Arraignment Defendant read rights & pleads after being adv of charge Pleas defendant can enter guilty nolo contedendere not guilty no plea double jeopardy When is Nol Pros guaranteed? no proof insurance How many jurors in Circuit Court? 12 How many jurors in Magistrate/Municipal? 6 Defendant's rights Speedy jury trial in county where crime occurred, cross examination, defense counsel, no self-incrimination, witnesses What is the order of trial? Pre-trial motions (continuance, sequester witnesses, settle defendant's prior record) Impanel a jury (Voir Dire, jury strikes) Pick jury State v. Sossamon Case where a Corporal tried to prosecute case where he wasn't the arresting officer Discrimination in the jury process Juror strikes must be for reason other than race or gender Easly v. Cartee Security officers can prosecute cases How can a state case be reviewed in federal court? Cases appealed to Supreme Court only by WRIT OF CERT Significance of Bond Hearing Occurs within 24 hrs after arrest, defendant advised of right to prelims. Role of judge and jury? Judge decides questions of law, sentences, and swears in jury. Jury decides questions of fact. Who can try cases in SC? Officers (State v. Messervy) FTO helps rookies (State v. Seaborn) When does jeopardy attach in a jury trial? Bench trial? Jury- when jury is sworn in. Bench - first witness sworn in. 2 critical elements of proof Establish venue, point out defedant State may cross examine defendant about CH if: conviction of dishonest crime, punishable by more than 1 yr, if the probative value outweighs prejudicial. But not if 10 yrs have passed since conviction Closing arguments if defense offers evidence state opens on law, defendant closing statement, state closes Closing arguments if defense doesn't offer evidence state closing argument, defense closes Directed Verdict defense argues a lack of evidence Defendant's burden of proof and right to testify no burden of proof, doesn't have to testify Who supervises PTI? circuit solicitor When can't someone do PTI? previous participation, when charged with DUI, traffic offense, crime of violence Identify the warrant requirement Katz v. US- warrant best assurance that court will find search reasonable, search warrants required for everything without special circumstances Riley v. California, US v. Wurie Search warrant for cell phones Duties of officer & magistrate in determining facts for search warrant