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SCCJA Legals 1 Key Concepts Study Guide

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SCCJA Legals 1 Key Concepts Study Guide

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SCCJA Lega
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SCCJA Lega

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SCCJA Legals 1 Key Concepts Study Guide

1. Ethics: study of what is morally right and what is not


2. Motivations for unethical conduct: Anger lust greed peer pressure


3. Common crimes officer commit: False statements, larceny, sex offenses, battery


4. Average experience level of officers who get in ethical dilemmas: 7 years


5. 1st phase of continuum of compromise: Omission


6. Examples of omission: Ignoring traffic violations, failing to conduct follow ups, complete paperwork


7. 2nd phase of continuum of compromise: administrative


8. Examples of administrative unethical conduct: drinking on duty, not reporting accidents


9. 3rd phase of continuum of compromise: criminal


10. Examples of criminal unethical conduct: evidence tampering, thefts


11. 4 justifications for unethical conduct: denial of victim, victim of circumstance, higher cause, victim

blaming

12. Denial of victim: officer believes there's no victim, so no harm done. example- stealing money from drug dealer


13. Victim of circumstance: Officer believes no choice but to act in a certain way


14. Higher cause: Officer believes he must break rules to accomplish goal. example- unlawful search of sexual predator


15. Consequences of unethical conduct: Criminal charges, civil litigation, negative impact on community

relations, disciplinary action, loss of certification, domestic problems

16. Greatest consequence of unethical conduct: officer safety


,17. 2 groups that officers feel pressured by to keep quiet about unethical

conduct: Individuals who commit the act, someone not involved in it

18. 4 consequences officers believe will happen if they don't uphold code of silence:

Officer involved will be disciplined, officer who ratted will be disciplined, officer who ratted will be shunned, administration won't do

anything

19. Ways agencies can control code of silence: ethics training, accountability, open communi-cation,

anon reporting, protect officers who come forward

20. 2 ways social media affects law enforcement: agency's image and oflcer's credibility


21. 8 reasons academy can deny certification: conviction of a felony or crime with sentence of more than

1 year, illegal use of controlled substance, excessive force, unsafe firearm or vehicle usage, abuse of public, falsification of employment

info, lying to employer, untruthfulness to employer


22. 4 reasons certification can be revoked: Falsification of certification application, officer found ineligible for

service due to failure to meet prereqs, officer convicted of criminal offense, misconduct

23. Moral turpitude: Anything done contrary to justice, honesty, modesty or good morals.


24. Crimes of moral turpitude: fraud larceny intent to harm persons or things


25. Statutory law: enacted by legislature


26. Common law: developed in England from customs and court decisions, adopted by SC in 1712


27. How many felony categories?: 6


28. How many felonies exempt from classification system? And what kind?: 40-Murder,

Homicide by Child Abuse, Burglary 1st, drug trafficking

29. How many misdemeanor categories?: 3




, 30. What misdemeanors are exempt from classification?: Those that carry term of less than 1

year or more than 3

31. Class A Misdemeanor: 3 yrs


32. Class B Misdemeanor: 2 yrs


33. Class C Misdemeanor: 1 yr


34. 2 types of defendants: principal, accessory


35. Types of courts: summary, family, circuit, SC court of appeals, SC supreme court


36. Summary court divisions: magistrate (crimes with $500 fine, 30 days) municipal (city ordinance

violations, civil cases)

37. Circuit Court: Court of General Sessions (criminal), Common Pleas (civil). Bond hearings for death penalty


38. SC Court of Appeals: Court reviews cases, except death penalty


39. SC Supreme Court: Hears Direct Appeals and Writ of Cert


40. Types of Direct Appeals: death penalty murder, public utility, public bond, elections, constitutional questions


41. Order of trying a case: Crime occurs, arrest/bond hearing, prelims, grand jury, arraignment


42. Significance of Prelims: Held by magistrate/municipal judge, determines PC. Requested by defendant within 10

days of bond hearing, state evidence presented, informal and evidence rules don't apply

43. Significance of Grand Jury: 18 jurors, 12 must agree for true bill. Held in secret to determine if enough

evidence for trial

44. Significance of Arraignment: Defendant read rights & pleads after being adv of charge


45. Pleas defendant can enter: guilty nolo contedendere not guilty no plea double jeopardy

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