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‣ 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 -✓✓b. increased strength
‣ Bill of Rights -✓✓- 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 -
✓✓1st, 4th, 5th, and 6th
‣ ratification = -✓✓signing
,‣ 4th Amendment -✓✓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 -✓✓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 -✓✓- 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 -✓✓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 -✓✓- 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 -✓✓Makes the laws
‣ Executive Branch -✓✓Enforces the laws
‣ Judicial Branch -✓✓Interprets the laws
‣ US Supreme Court -✓✓- 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? -✓✓Magistrate and Municipal
, ‣ When do Magistrate and Municipal courts have jurisdiction? -
✓✓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? -✓✓-
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? -✓✓Court of Common Pleas (Civil)
and Court of General Sessions (Criminal)
‣ Court of General Sessions -✓✓- 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
‣ Family Court -✓✓- has jurisdiction over matters dealing with domestic
matters and children
- has criminal jurisdiction over criminal and delinquency cases against
juveniles