WITH VERIFIED ANSWERS 2026 | Exam Prep
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• First Amendment -✓✓Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble, and to petition the
government for a redress of grievances.
• 4th Amendment -✓✓The right of 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
searched.
• 6th Amendment -✓✓In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the state and district wherein the crime
shall have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be confronted with
the witnesses against him; to have compulsory process for obtaining witnesses in his
favor, and to have the assistance of counsel for his defense.
• 14th Amendment -✓✓All persons born or naturalized in the United States and subject
to the jurisdiction thereof, are citizens of the United States and of the State wherein they
reside. No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any person of
life, liberty, or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws. This is the Due Process amendment
• What is the separation of powers concept -✓✓concept that the division of government
responsibilities among the various branches- Legislative (writes-makes the laws),
Executive (Enforces the law), Judicial (Interprets the law)
• What branch of government does law enforcement belong to -✓✓Executive Branch
(Enforce the law)
• What are Peels Principles of Modern Law Enforcement -✓✓Principles that are
relevant for law enforcement to follow today. The big one- The ability of the police to
perform their duties is dependent on public approval. Otherwise some others include
remaining impartial, only use physical force to the extent necessary, prevent crime is
the basic mission
,• Recognize the importance of the South Carolina State constitution -✓✓Identical
concepts to the US Constitution however two differences: In addition to the protections
in the 4th amendment, and individual is also protected against unreasonable invasions
of privacy and in regards to the particularity requirement, the information sought
pursuant to a warrant be stated significantly
• Function and organization of the US Supreme Court -✓✓The SCOTUS is the court of
last resort. There are 9 members of the court with a Chief Justice.
• What is "case law" -✓✓Written decision of appellate courts deciding actual cases--
also known as precedent or common law
• What are elements of an offense -✓✓elements, or key points that the state must
prove for every offense in order to obtain a conviction.
• Structure of the US Court System -✓✓From Bottom to Top: U.S. District Courts, US
Court of Appeals, SCOTUS
• Structure of the South Carolina Court system -✓✓Bottom to Top: Summary Courts
(Magistrate, Municipal, Probate Courts), Circuit Court (Common pleas- CIVIL and
General Sessions- CRIMINAL), Court of Appeals.
Also within are Family Court and Master-in-Equity court
• How can a state case be reviewed in Federal Court -✓✓Cases may be appealed to
the US Supreme Court by petitioning for a Writ of Certiorari. This is the ONLY way. Has
to deal with a US constitution issue.
• What are the origins of criminal law -✓✓Comes from Sumeria in modern day Iraq
• Where does common law come from -✓✓Court Decisions
• Where does statutory law come from? -✓✓Legislatively created laws
• What are the accused rights in the criminal trial -✓✓Right to a speedy trial, a jury trial,
in the county where the crime was committed, and to be confronted by witnesses
against him. Also entitled to counsel for the defense, privilege against self incrimination,
and a compulsory process for obtaining witnesses in his behalf
• What is the burden of proof? -✓✓A party's duty to prove a disputed assertion or
charge. Burden of proving is solely on the state. When trying someone for a crime to
convict them we need "beyond a reasonable doubt"
, • What is reasonable doubt -✓✓Doubt that prevents one from being convinced of
defendants guilt-- belief there is a real possibility that a defendant is not guilty
• What is double jeopardy? -✓✓The prosecution of a person twice for the same offense.
• What critical elements of proof are needed to be able to prove beyond a reasonable
doubt to convict someone of a crime -✓✓1. Jurisdiction- crime happened in court area
2. Identify the Defendant- prove Def. is actually the person who committed the crime
3. Physical action (Actus Reus)- Defendant committed the necessary actions that make
up the crime
4. Mental intent- Def. had right mindset (intentionally, knowingly, recklessly, negligently,
and strict liability
• What are the stages of a criminal case in South Carolina -✓✓crime occurs, arrest,
bond hearing, preliminary hearing, Grand Jury, arraignment where plea is given, pre-
trail hearings and plea hearings, Trial.
• What are diversionary programs -✓✓A program for the disposition of a criminal
charge without a criminal trial.
• What are examples of diversionary programs -✓✓Pre-Trial Intervention, Alcohol
Education program, Veterans Court
• What makes a person eligible for a diversionary program -✓✓1st time offender
charged with non-violent crime, 17 or older, referred by a judge-attorney-police officer.
Cannot be eligible if already went through a program, If charged with a DUI, a traffic
offense punished by a fine or loss of points, any crime of violence
• Courtroom officials -✓✓Judge- decides questions of law, swears in jury
Jury- decides questions of fact, come up with verdict in trial
Solicitor- prosecute the Defendant
Defense Attorney- represent Defendant
Clerk of Court- keep documents and swear in witnesses
Court reporter- keep record of all said in court
Bailiff- assist court as needed
• Who can prosecute a criminal case in South Carolina -✓✓Attorneys hired to represent
the state, the arresting officer, the arresting officer's supervisor, or a licensed security
guard if the crime occurred on private prop. that the guard worked for.
• The order of closing arguments in a criminal trial goes how -✓✓This is up to the
discretion of the Judge but typically if the Defendant requests closing then they will go
and the State will follow, if the state requests the state will go and the Defense will
follow or respond