EXAM WITH ANSWERS.
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
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 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.