Podcast
Questions and Answers
When did the ratification of the Bill of Rights occur?
When did the ratification of the Bill of Rights occur?
1791
Which branch of the government makes the law?
Which branch of the government makes the law?
Legislative
Which amendment requires an indictment for a capital offense?
Which amendment requires an indictment for a capital offense?
5th
How many justices sit on the US Supreme Court?
How many justices sit on the US Supreme Court?
What does the supremacy clause establish as the supreme law of the land?
What does the supremacy clause establish as the supreme law of the land?
Who favored a decentralized government with the power resting with the states?
Who favored a decentralized government with the power resting with the states?
What power does Article II of the US Constitution grant?
What power does Article II of the US Constitution grant?
What two additional protections does the SC Constitution have in Article I: Section 10 that the 4th Amendment does not have?
What two additional protections does the SC Constitution have in Article I: Section 10 that the 4th Amendment does not have?
The judicial branch ____________ the law.
The judicial branch ____________ the law.
How many principles did Sir Robert Peel draft in 1829 that are relevant for today's law enforcement officer?
How many principles did Sir Robert Peel draft in 1829 that are relevant for today's law enforcement officer?
Peel stated that the basic mission of law enforcement is to _______ as an alternative to _________.
Peel stated that the basic mission of law enforcement is to _______ as an alternative to _________.
According to Peel, what is the test of police efficiency?
According to Peel, what is the test of police efficiency?
What was established to operate as a restriction on the national government?
What was established to operate as a restriction on the national government?
What does the 14th Amendment due process encompass?
What does the 14th Amendment due process encompass?
The US Supreme Court was ordained by the US Constitution in which article?
The US Supreme Court was ordained by the US Constitution in which article?
What is the compulsory process for obtaining witnesses as listed in the 6th Amendment?
What is the compulsory process for obtaining witnesses as listed in the 6th Amendment?
Only fully published opinions can serve as case law.
Only fully published opinions can serve as case law.
What does the 8th Amendment prohibit?
What does the 8th Amendment prohibit?
Who bears the burden of proof to obtain a conviction during the trial?
Who bears the burden of proof to obtain a conviction during the trial?
How many district courts are there at the lowest level federal court?
How many district courts are there at the lowest level federal court?
How many circuit courts are there in the US?
How many circuit courts are there in the US?
Which jurisdiction is the SC district court under, as in NC, VA, MD, and WS?
Which jurisdiction is the SC district court under, as in NC, VA, MD, and WS?
What court does not have civil jurisdiction?
What court does not have civil jurisdiction?
How does the SC Supreme Court hear appeals?
How does the SC Supreme Court hear appeals?
What level of proof is needed when presenting a case before the grand jury?
What level of proof is needed when presenting a case before the grand jury?
What is the criminal intent that is needed as part of the critical element of proof called?
What is the criminal intent that is needed as part of the critical element of proof called?
What hearing is known as the 'probable cause hearing,' who must request it, and within what time frame?
What hearing is known as the 'probable cause hearing,' who must request it, and within what time frame?
How many jurors sit on the grand jury?
How many jurors sit on the grand jury?
How does the US Supreme Court hear appeals?
How does the US Supreme Court hear appeals?
What is the age eligibility for the alcohol education program?
What is the age eligibility for the alcohol education program?
Who determines the sentence in all cases except the death penalty cases?
Who determines the sentence in all cases except the death penalty cases?
What are examples of pretrial motions?
What are examples of pretrial motions?
In summary court cases, how many peremptory challenges do the state and defense each have?
In summary court cases, how many peremptory challenges do the state and defense each have?
What are the questions that the state and defense ask the jury to determine bias called?
What are the questions that the state and defense ask the jury to determine bias called?
During which part of the legal proceedings does the defendant enter a plea?
During which part of the legal proceedings does the defendant enter a plea?
What is the formal charging document of the grand jury?
What is the formal charging document of the grand jury?
In a bench trial, when does jeopardy attach?
In a bench trial, when does jeopardy attach?
Which court sets bond in cases that can result in life sentences?
Which court sets bond in cases that can result in life sentences?
In a jury trial, when does jeopardy attach?
In a jury trial, when does jeopardy attach?
What defines fighting words?
What defines fighting words?
What did State v. Perkins say?
What did State v. Perkins say?
Name calling, use of profanity, and obscene gestures directed at an officer do not constitute 'fighting words.'
Name calling, use of profanity, and obscene gestures directed at an officer do not constitute 'fighting words.'
Police have to tolerate fighting words.
Police have to tolerate fighting words.
The 1st Amendment protects a significant amount of verbal criticism and challenge directed at police officers.
The 1st Amendment protects a significant amount of verbal criticism and challenge directed at police officers.
What is not protected when directed at law enforcement officers?
What is not protected when directed at law enforcement officers?
Which case made flag burning protected speech?
Which case made flag burning protected speech?
Can someone be prosecuted or punished at all for burning the American flag?
Can someone be prosecuted or punished at all for burning the American flag?
What factors can influence whether or not a person develops a mental health condition?
What factors can influence whether or not a person develops a mental health condition?
When were asylums created?
When were asylums created?
Who introduced humane methods of treatment in asylums?
Who introduced humane methods of treatment in asylums?
Who was the first to conduct electric shock therapy?
Who was the first to conduct electric shock therapy?
What is the most common mental health condition that affects approximately 18% of the US population?
What is the most common mental health condition that affects approximately 18% of the US population?
What condition is characterized by a person's inability to regulate his/her emotions?
What condition is characterized by a person's inability to regulate his/her emotions?
What is this disorder also called, which is known for manic depressive illness?
What is this disorder also called, which is known for manic depressive illness?
If an individual poses a threat to himself/herself or others, law enforcement intervention is necessary.
If an individual poses a threat to himself/herself or others, law enforcement intervention is necessary.
What was the first known surgical procedure thought to cure mental illness?
What was the first known surgical procedure thought to cure mental illness?
When is autism usually diagnosed according to the SCCJA manual?
When is autism usually diagnosed according to the SCCJA manual?
Speaking in a monotone voice or lack of speech would be classified as what kind of symptom of schizophrenia?
Speaking in a monotone voice or lack of speech would be classified as what kind of symptom of schizophrenia?
What are psychotic symptoms of schizophrenia not seen in healthy people referred to as?
What are psychotic symptoms of schizophrenia not seen in healthy people referred to as?
What disorder is characterized by a damaged response mechanism, leading to feelings of stress or fear?
What disorder is characterized by a damaged response mechanism, leading to feelings of stress or fear?
From the time of issuance from the judge, how long is the mental health order valid to take a person into custody for evaluation?
From the time of issuance from the judge, how long is the mental health order valid to take a person into custody for evaluation?
Who believed there are 4 essential fluids in the human body that, when imbalanced, cause mental illness?
Who believed there are 4 essential fluids in the human body that, when imbalanced, cause mental illness?
What degenerative brain disorder accounts for 60-80% of memory disorder and dementia cases?
What degenerative brain disorder accounts for 60-80% of memory disorder and dementia cases?
How long can law enforcement hold an individual on an order from the judge?
How long can law enforcement hold an individual on an order from the judge?
Unless a patient has been adjudicated incompetent, no patient may be denied the right to dispose of property, make purchases, marry, or vote.
Unless a patient has been adjudicated incompetent, no patient may be denied the right to dispose of property, make purchases, marry, or vote.
What is the most common mental illness disorder that develops in children?
What is the most common mental illness disorder that develops in children?
What is this condition formerly known as, which refers to mental retardation?
What is this condition formerly known as, which refers to mental retardation?
What was the first written law on record for the crime and punishment of rape?
What was the first written law on record for the crime and punishment of rape?
In early Hebrew law, what was of great importance when determining whether a sexual assault had taken place?
In early Hebrew law, what was of great importance when determining whether a sexual assault had taken place?
One in how many men will be assaulted in their lifetime?
One in how many men will be assaulted in their lifetime?
What defines sexual arousal by rubbing one's self against a non-consenting stranger in public?
What defines sexual arousal by rubbing one's self against a non-consenting stranger in public?
Up to what percentage of rapes are committed by men known to their victims?
Up to what percentage of rapes are committed by men known to their victims?
What is the drug of choice among many populations, known for being accessible and inexpensive?
What is the drug of choice among many populations, known for being accessible and inexpensive?
What phases (in order) are part of the rape trauma syndrome?
What phases (in order) are part of the rape trauma syndrome?
What does SANE stand for?
What does SANE stand for?
What percentage of rape victims will never see their offender caught?
What percentage of rape victims will never see their offender caught?
Within 72 hours of sexual assault, a sexual assault evidence kit should be used for both children and adults.
Within 72 hours of sexual assault, a sexual assault evidence kit should be used for both children and adults.
A person classified as a Tier III offender of sex crimes is required to register every how many days?
A person classified as a Tier III offender of sex crimes is required to register every how many days?
What circumstance involves an object or body part whose presence is psychologically necessary for sexual gratification?
What circumstance involves an object or body part whose presence is psychologically necessary for sexual gratification?
What is the use of the mouth on the penis of a male called?
What is the use of the mouth on the penis of a male called?
What is sexual intercourse between blood relatives referred to as?
What is sexual intercourse between blood relatives referred to as?
What indicators show a child has been neglected?
What indicators show a child has been neglected?
What factors build prosecutable child abuse cases?
What factors build prosecutable child abuse cases?
An individual who engages in any type of sexual activity with individuals legally defined as children is called?
An individual who engages in any type of sexual activity with individuals legally defined as children is called?
What indicators of common sexual and physical abuse include submissive or aggressive behavior?
What indicators of common sexual and physical abuse include submissive or aggressive behavior?
What characteristics define a situational child molester?
What characteristics define a situational child molester?
Which type of molester is responsible for the highest number of child victimizations?
Which type of molester is responsible for the highest number of child victimizations?
What type of abuse is done in conjunction with another type of abuse, such as sexual assault?
What type of abuse is done in conjunction with another type of abuse, such as sexual assault?
What is the most important part of a child abuse investigation?
What is the most important part of a child abuse investigation?
What are the five stages in the process of the child forensic interview?
What are the five stages in the process of the child forensic interview?
What is the initial period of emergency protective custody for a child?
What is the initial period of emergency protective custody for a child?
How long does the law enforcement department have to conduct a preliminary investigation on the emergency protective custody of a child?
How long does the law enforcement department have to conduct a preliminary investigation on the emergency protective custody of a child?
How long may a hospital/doctor detain a child suspected of being abused without consent from the responsible person?
How long may a hospital/doctor detain a child suspected of being abused without consent from the responsible person?
The period of emergency protective custody may be extended up to what duration?
The period of emergency protective custody may be extended up to what duration?
How long does family court have to hold a probable cause hearing for the emergency protective custody of a child?
How long does family court have to hold a probable cause hearing for the emergency protective custody of a child?
What defines sexual explicit reproduction of a child's image?
What defines sexual explicit reproduction of a child's image?
What type of molester uses seduction to lure a child and typically lacks interpersonal skills?
What type of molester uses seduction to lure a child and typically lacks interpersonal skills?
Can a person required to report have photos and x-rays taken without parental permission?
Can a person required to report have photos and x-rays taken without parental permission?
What is the most common manipulation tactic used by 'sextortionists' to have the child comply with their demands?
What is the most common manipulation tactic used by 'sextortionists' to have the child comply with their demands?
Flashcards
Bill of Rights Ratification
Bill of Rights Ratification
The Bill of Rights was ratified in the year 1791 to guarantee individual freedoms.
Legislative Branch
Legislative Branch
The branch of government responsible for making laws and creating legislation.
5th Amendment Indictment
5th Amendment Indictment
The 5th Amendment requires formal charges (indictments) for serious crimes.
US Supreme Court Justices
US Supreme Court Justices
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Supremacy Clause
Supremacy Clause
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Anti-federalists
Anti-federalists
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Executive Power Article II
Executive Power Article II
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South Carolina Privacy Protections
South Carolina Privacy Protections
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Judicial Branch
Judicial Branch
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Case Law Recognition
Case Law Recognition
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8th Amendment Protections
8th Amendment Protections
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Prosecution's Burden of Proof
Prosecution's Burden of Proof
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US District and Circuit Courts
US District and Circuit Courts
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4th Circuit Court
4th Circuit Court
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Municipal Court Limitations
Municipal Court Limitations
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South Carolina Appeals Process
South Carolina Appeals Process
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6th Amendment Subpoena
6th Amendment Subpoena
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Preliminary Hearing Timeline
Preliminary Hearing Timeline
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Grand Jury Composition
Grand Jury Composition
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Jeopardy Attachment
Jeopardy Attachment
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Pretrial Motions
Pretrial Motions
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Philippe Pinel
Philippe Pinel
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Dorothea Dix
Dorothea Dix
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Anxiety Disorders Prevalence
Anxiety Disorders Prevalence
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Schizophrenia Symptoms
Schizophrenia Symptoms
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PTSD Mechanisms
PTSD Mechanisms
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Trephenation History
Trephenation History
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Child Neglect Indicators
Child Neglect Indicators
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Child Abuse Evidence
Child Abuse Evidence
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Forensic Interview Stages
Forensic Interview Stages
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Emergency Protective Custody
Emergency Protective Custody
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Preferential Child Molesters
Preferential Child Molesters
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Frotteurism Definition
Frotteurism Definition
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Rapist Familiarity
Rapist Familiarity
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Fighting Words Concept
Fighting Words Concept
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Texas v. Johnson
Texas v. Johnson
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Tier III Sex Offender
Tier III Sex Offender
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Incest Definition
Incest Definition
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Sextortion Tactics
Sextortion Tactics
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Competence to Decide
Competence to Decide
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14th Amendment Due Process
14th Amendment Due Process
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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.
Sexual Offenses and Legal Framework
- 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.
Legal Definitions and Processes
- 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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Description
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.
