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SCCJA Cumulative Flashcards
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SCCJA Cumulative Flashcards

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Questions and Answers

When did the ratification of the Bill of Rights occur?

1791

Which branch of the government makes the law?

Legislative

Which amendment requires an indictment for a capital offense?

5th

How many justices sit on the US Supreme Court?

<p>9</p> Signup and view all the answers

What does the supremacy clause establish as the supreme law of the land?

<p>US Constitution</p> Signup and view all the answers

Who favored a decentralized government with the power resting with the states?

<p>anti-federalists</p> Signup and view all the answers

What power does Article II of the US Constitution grant?

<p>executive power</p> Signup and view all the answers

What two additional protections does the SC Constitution have in Article I: Section 10 that the 4th Amendment does not have?

<p>unreasonable invasion of privacy and particularity requirement</p> Signup and view all the answers

The judicial branch ____________ the law.

<p>interprets</p> Signup and view all the answers

How many principles did Sir Robert Peel draft in 1829 that are relevant for today's law enforcement officer?

<p>9</p> Signup and view all the answers

Peel stated that the basic mission of law enforcement is to _______ as an alternative to _________.

<p>prevent crime and disorder; using military force to repress crime</p> Signup and view all the answers

According to Peel, what is the test of police efficiency?

<p>absence of crime and disorder</p> Signup and view all the answers

What was established to operate as a restriction on the national government?

<p>Bill of Rights</p> Signup and view all the answers

What does the 14th Amendment due process encompass?

<p>the conduct of legal proceedings according to established rules and principles</p> Signup and view all the answers

The US Supreme Court was ordained by the US Constitution in which article?

<p>Article III, Section I</p> Signup and view all the answers

What is the compulsory process for obtaining witnesses as listed in the 6th Amendment?

<p>the power to subpoena</p> Signup and view all the answers

Only fully published opinions can serve as case law.

<p>True</p> Signup and view all the answers

What does the 8th Amendment prohibit?

<p>excessive bail, excessive fines, cruel punishments</p> Signup and view all the answers

Who bears the burden of proof to obtain a conviction during the trial?

<p>the prosecution</p> Signup and view all the answers

How many district courts are there at the lowest level federal court?

<p>94</p> Signup and view all the answers

How many circuit courts are there in the US?

<p>13</p> Signup and view all the answers

Which jurisdiction is the SC district court under, as in NC, VA, MD, and WS?

<p>4th circuit court of appeals</p> Signup and view all the answers

What court does not have civil jurisdiction?

<p>municipal court</p> Signup and view all the answers

How does the SC Supreme Court hear appeals?

<p>writ of certiorari and direct appeal</p> Signup and view all the answers

What level of proof is needed when presenting a case before the grand jury?

<p>probable cause</p> Signup and view all the answers

What is the criminal intent that is needed as part of the critical element of proof called?

<p>mens rea</p> Signup and view all the answers

What hearing is known as the 'probable cause hearing,' who must request it, and within what time frame?

<p>preliminary hearing, the defense, within 10 days of the bond hearing</p> Signup and view all the answers

How many jurors sit on the grand jury?

<p>18</p> Signup and view all the answers

How does the US Supreme Court hear appeals?

<p>writ of cert</p> Signup and view all the answers

What is the age eligibility for the alcohol education program?

<p>17-20 years</p> Signup and view all the answers

Who determines the sentence in all cases except the death penalty cases?

<p>Judge</p> Signup and view all the answers

What are examples of pretrial motions?

<p>continuance, settle defendant's prior record, sequestration of witnesses</p> Signup and view all the answers

In summary court cases, how many peremptory challenges do the state and defense each have?

<p>5</p> Signup and view all the answers

What are the questions that the state and defense ask the jury to determine bias called?

<p>voir dire questions</p> Signup and view all the answers

During which part of the legal proceedings does the defendant enter a plea?

<p>bond hearing</p> Signup and view all the answers

What is the formal charging document of the grand jury?

<p>indictment</p> Signup and view all the answers

In a bench trial, when does jeopardy attach?

<p>when the first witness is sworn in</p> Signup and view all the answers

Which court sets bond in cases that can result in life sentences?

<p>general sessions</p> Signup and view all the answers

In a jury trial, when does jeopardy attach?

<p>when the jury is sworn in</p> Signup and view all the answers

What defines fighting words?

<p>those words which by their very utterance inflict injury or tend to incite an immediate breach of peace</p> Signup and view all the answers

What did State v. Perkins say?

<p>protest is protected speech</p> Signup and view all the answers

Name calling, use of profanity, and obscene gestures directed at an officer do not constitute 'fighting words.'

<p>True</p> Signup and view all the answers

Police have to tolerate fighting words.

<p>True</p> Signup and view all the answers

The 1st Amendment protects a significant amount of verbal criticism and challenge directed at police officers.

<p>True</p> Signup and view all the answers

What is not protected when directed at law enforcement officers?

<p>threats, physically interfering, intoxication</p> Signup and view all the answers

Which case made flag burning protected speech?

<p>Texas v. Johnson</p> Signup and view all the answers

Can someone be prosecuted or punished at all for burning the American flag?

<p>False</p> Signup and view all the answers

What factors can influence whether or not a person develops a mental health condition?

<p>genetics, environment, life experiences</p> Signup and view all the answers

When were asylums created?

<p>beginning of the 16th century</p> Signup and view all the answers

Who introduced humane methods of treatment in asylums?

<p>Philippe Pinel</p> Signup and view all the answers

Who was the first to conduct electric shock therapy?

<p>Ugo Cerletti</p> Signup and view all the answers

What is the most common mental health condition that affects approximately 18% of the US population?

<p>anxiety disorders</p> Signup and view all the answers

What condition is characterized by a person's inability to regulate his/her emotions?

<p>borderline personality disorder</p> Signup and view all the answers

What is this disorder also called, which is known for manic depressive illness?

<p>bipolar disorder</p> Signup and view all the answers

If an individual poses a threat to himself/herself or others, law enforcement intervention is necessary.

<p>True</p> Signup and view all the answers

What was the first known surgical procedure thought to cure mental illness?

<p>trephenation</p> Signup and view all the answers

When is autism usually diagnosed according to the SCCJA manual?

<p>birth to 3 years</p> Signup and view all the answers

Speaking in a monotone voice or lack of speech would be classified as what kind of symptom of schizophrenia?

<p>negative</p> Signup and view all the answers

What are psychotic symptoms of schizophrenia not seen in healthy people referred to as?

<p>positive</p> Signup and view all the answers

What disorder is characterized by a damaged response mechanism, leading to feelings of stress or fear?

<p>PTSD</p> Signup and view all the answers

From the time of issuance from the judge, how long is the mental health order valid to take a person into custody for evaluation?

<p>72 hours</p> Signup and view all the answers

Who believed there are 4 essential fluids in the human body that, when imbalanced, cause mental illness?

<p>Hippocrates</p> Signup and view all the answers

What degenerative brain disorder accounts for 60-80% of memory disorder and dementia cases?

<p>Alzheimer's disease</p> Signup and view all the answers

How long can law enforcement hold an individual on an order from the judge?

<p>24 hours</p> Signup and view all the answers

Unless a patient has been adjudicated incompetent, no patient may be denied the right to dispose of property, make purchases, marry, or vote.

<p>True</p> Signup and view all the answers

What is the most common mental illness disorder that develops in children?

<p>attention deficit hyperactivity disorder</p> Signup and view all the answers

What is this condition formerly known as, which refers to mental retardation?

<p>intellectual disability</p> Signup and view all the answers

What was the first written law on record for the crime and punishment of rape?

<p>Code of Hammurabi</p> Signup and view all the answers

In early Hebrew law, what was of great importance when determining whether a sexual assault had taken place?

<p>location of the assault</p> Signup and view all the answers

One in how many men will be assaulted in their lifetime?

<p>10</p> Signup and view all the answers

What defines sexual arousal by rubbing one's self against a non-consenting stranger in public?

<p>frotteurism</p> Signup and view all the answers

Up to what percentage of rapes are committed by men known to their victims?

<p>80%</p> Signup and view all the answers

What is the drug of choice among many populations, known for being accessible and inexpensive?

<p>ethanol</p> Signup and view all the answers

What phases (in order) are part of the rape trauma syndrome?

<p>acute phase, outward adjustment phase, resolution phase</p> Signup and view all the answers

What does SANE stand for?

<p>sexual assault nurse examiner</p> Signup and view all the answers

What percentage of rape victims will never see their offender caught?

<p>more than 98%</p> Signup and view all the answers

Within 72 hours of sexual assault, a sexual assault evidence kit should be used for both children and adults.

<p>True</p> Signup and view all the answers

A person classified as a Tier III offender of sex crimes is required to register every how many days?

<p>90 days</p> Signup and view all the answers

What circumstance involves an object or body part whose presence is psychologically necessary for sexual gratification?

<p>fetishism</p> Signup and view all the answers

What is the use of the mouth on the penis of a male called?

<p>intercourse</p> Signup and view all the answers

What is sexual intercourse between blood relatives referred to as?

<p>incest</p> Signup and view all the answers

What indicators show a child has been neglected?

<p>unhealthy, dirty, failure to thrive, unattended</p> Signup and view all the answers

What factors build prosecutable child abuse cases?

<p>physical evidence, witnesses, confessions</p> Signup and view all the answers

An individual who engages in any type of sexual activity with individuals legally defined as children is called?

<p>child molester</p> Signup and view all the answers

What indicators of common sexual and physical abuse include submissive or aggressive behavior?

<p>submissive, aggressive, acting out/incorrigibility, school-related behavior, self-destructiveness, severe depression, and PTSD</p> Signup and view all the answers

What characteristics define a situational child molester?

<p>low self-esteem/poor coping skills, inadequate/social misfit, morally indiscriminate, may transport the child a short distance for privacy</p> Signup and view all the answers

Which type of molester is responsible for the highest number of child victimizations?

<p>preferential child molester</p> Signup and view all the answers

What type of abuse is done in conjunction with another type of abuse, such as sexual assault?

<p>psychological abuse</p> Signup and view all the answers

What is the most important part of a child abuse investigation?

<p>forensic interview</p> Signup and view all the answers

What are the five stages in the process of the child forensic interview?

<p>rapport, anatomy identification, touch inquiry, abuse scenario, closure</p> Signup and view all the answers

What is the initial period of emergency protective custody for a child?

<p>no more than 24 hours</p> Signup and view all the answers

How long does the law enforcement department have to conduct a preliminary investigation on the emergency protective custody of a child?

<p>within 24 hours</p> Signup and view all the answers

How long may a hospital/doctor detain a child suspected of being abused without consent from the responsible person?

<p>up to 24 hours</p> Signup and view all the answers

The period of emergency protective custody may be extended up to what duration?

<p>24 hours</p> Signup and view all the answers

How long does family court have to hold a probable cause hearing for the emergency protective custody of a child?

<p>72 hours</p> Signup and view all the answers

What defines sexual explicit reproduction of a child's image?

<p>pornography</p> Signup and view all the answers

What type of molester uses seduction to lure a child and typically lacks interpersonal skills?

<p>preferential child molester</p> Signup and view all the answers

Can a person required to report have photos and x-rays taken without parental permission?

<p>False</p> Signup and view all the answers

What is the most common manipulation tactic used by 'sextortionists' to have the child comply with their demands?

<p>threaten to release the sexually explicit images online</p> Signup and view all the answers

Study Notes

Constitutional Law and Government Structure

  • Ratification of the Bill of Rights occurred in 1791.
  • Legislative branch is responsible for making laws.
  • The 5th Amendment requires an indictment for capital offenses.
  • The US Supreme Court comprises 9 justices.
  • The supremacy clause establishes the US Constitution as the supreme law of the land.
  • Anti-federalists advocated for decentralized government power with states.
  • Article II of the US Constitution grants executive power.
  • South Carolina Constitution provides additional protections against unreasonable invasion of privacy and has a particularity requirement.

Judicial Process and Court System

  • Judicial branch interprets the law.
  • Only fully published opinions are recognized as case law.
  • The 8th Amendment prohibits excessive bail, fines, and cruel punishment.
  • The prosecution bears the burden of proof to secure a conviction in a trial.
  • There are 94 district courts in the US and 13 circuit courts.
  • South Carolina district court falls under the 4th Circuit Court of Appeals.
  • The municipal court does not hold civil jurisdiction.
  • Appeals to the South Carolina Supreme Court can come via writ of certiorari and direct appeal.

Criminal Law and Procedures

  • Compulsory process for obtaining witnesses is defined by the 6th Amendment as the power to subpoena.
  • A preliminary hearing, also known as a probable cause hearing, must be requested by the defense within 10 days of bond hearing.
  • A grand jury consists of 18 jurors, and the level of proof required is probable cause.
  • Jeopardy attaches in a bench trial when the first witness is sworn in, and in a jury trial when the jury is sworn in.
  • Pretrial motions can include continuance and sequestration of witnesses.

Mental Health and Treatment

  • Philippe Pinel is credited with humane treatment methods in asylums.
  • Dorothea Dix advocated for mental hygiene.
  • Anxiety disorders affect approximately 18% of the US population.
  • Schizophrenia includes negative (lack of speech) and positive (psychotic) symptoms.
  • PTSD arises when natural response mechanisms are damaged, leading to feelings of stress or fear in safe environments.
  • Trephenation is recognized as the first surgical treatment for mental illness.

Child Abuse and Neglect

  • Indicators of child neglect include being unhealthy, dirty, and failure to thrive.
  • Criminal cases of child abuse must rely on physical evidence, witnesses, and confessions.
  • The forensic interview is crucial in child abuse investigations, consisting of five key stages.
  • Emergency protective custody for a child lasts for no more than 24 hours initially, extendable under certain circumstances.
  • Preferential child molesters, characterized by seduction tactics, are responsible for the highest number of child victimizations.
  • Frotteurism involves sexual arousal by rubbing against a non-consenting stranger in public.
  • More than 80% of rapes are perpetrated by individuals known to the victims.
  • The term "fighting words" refers to language that incites immediate violence and may not be protected under the First Amendment.
  • The case Texas v. Johnson established that flag burning qualifies as protected speech.
  • A Tier III sex offender must register every 90 days.
  • Incest is sexual intercourse between blood relatives.
  • Sextortion tactics often involve threats to release explicit images online to manipulate victims.
  • Individuals must be deemed competent to dispose of property or make personal decisions unless legally adjudicated otherwise.
  • The 14th Amendment includes the concept of due process, ensuring fair legal proceedings.

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Test your knowledge with SCCJA cumulative flashcards covering key concepts of the U.S. government, including the Bill of Rights, branches of government, and the Supreme Court. Perfect for students studying American government and history.

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