WITH SOLUTIONS GRADED A+
✔✔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)