FINAL STUDY GUIDE WITH DETAILED
RESPONSES
◉ When an individual experiencing a mental health crisis exhibits
behavior that is life threatening, physical force may be justified.
Officers should use extreme caution due to the individual's
insensitivity to pain and ______________.
a. decreased strength
b. increased strength
c. increased flexibility
d. decreased flexibility. Answer: b. increased strength
◉ Bill of Rights. Answer: - operate as a restriction on the national
government
- several states based their ratification of the Constitution on
assurances that a citizen's "Bill of Rights" would be included
◉ Amendments that have the greatest impact on law enforcement.
Answer: 1st, 4th, 5th, and 6th
◉ ratification =. Answer: signing
,◉ 4th Amendment. Answer: The right of the 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 seized
◉ 5th Amendment. Answer: No person shall be held to answer for a
capital, or otherwise infamous crime, unless on a presentment of
indictment of a Grand Jury... nor shall any person be subject for the
same offense to be twice put in jeopardy of life or limb, no shall be in
any criminal case to be witness against himself, nor be deprived of
life, liberty, or property, without due process of law; nor shall private
property be taken for public use without just compensation.
◉ 6th Amendment. Answer: - right to a speedy and public trial
- impartial jury of the state and district wherein crime committed
- informed of the nature and cause of the accusations
- confronted with the witnesses against him
- compulsory process for obtaining witnesses
- assistance of counsel for his defense
◉ Due Process. Answer: The conduct of legal proceedings according
to the established rules and principles for the protection and
,enforcement of private rights, including notice and the right to a fair
hearing before a tribunal with the power to decide the case.
◉ 14th Amendment. Answer: - made the Bill of Rights applicable to
the States
- brought uniformity in the application of "due process"
- EVERY CITIZEN OF EVERY STATE IS ALSO A CITIZEN OF THE
UNITED STATES. ALL UNITED STATES CITIZENS GET THE
PROTECTIONS AFFORDED BY THE BILL OF RIGHTS.
◉ Legislative Branch. Answer: Makes the laws
◉ Executive Branch. Answer: Enforces the laws
◉ Judicial Branch. Answer: Interprets the laws
◉ US Supreme Court. Answer: - makes the final determination as to
whether laws are constitutional
- is the court of "last resort" from which there is NO APPEAL
- the President nominates candidates for both "justice" and "chief
justice"
- the Senate must confirm any nominee by a majority vote ^
- 9 MEMBERS: uneven to prevent ties
, ◉ What are the summary courts in SC?. Answer: Magistrate and
Municipal
◉ When do Magistrate and Municipal courts have jurisdiction?.
Answer: Jurisdiction is usually limited to cases with a penalty that
does NOT EXCEED A $500 FINE and 30 DAYS IMPRISONMENT.
◉ What are some things authorities that the summary courts have?.
Answer: - issue search and arrest warrants
- sets bail for all crimes except crimes with potential life sentences of
life imprisonment or death
- conducts preliminary hearings (probable cause hearing)
◉ What are the SC circuit courts?. Answer: Court of Common Pleas
(Civil) and Court of General Sessions (Criminal)
◉ Court of General Sessions. Answer: - hears cases that carry a
penalty GREATER than what can be heard at the summary court
level
- can hear all crimes
- sets bonds for charges where the potential sentence is life
imprisonment or death
- hears appeals from the summary court