WITH CORRECT ACTUAL QUESTIONS AND
CORRECTLY WELL DEFINED ANSWERS
LATEST ALREADY GRADED A+
What is reasonable doubt - ANSWERS-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? - ANSWERS-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 - ANSWERS-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 -
ANSWERS-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 - ANSWERS-A program for
the disposition of a criminal charge without a criminal trial.
What are examples of diversionary programs - ANSWERS-
Pre-Trial Intervention, Alcohol Education program, Veterans
Court
What makes a person eligible for a diversionary program -
ANSWERS-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 - ANSWERS-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 -
ANSWERS-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 -
ANSWERS-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
What are fighting words? - ANSWERS-words that "by their
very utterance inflict injury or tend to incite an immediate
breach of peace"
, What does Texas v Johnson mean for the 1st amendment
protection of expressive conduct - ANSWERS-Case allows
the burning of the American Flag in political protest and
avoidance of criminal punishment for it
What is an arrest - ANSWERS-The taking or keeping of a
person in custody by legal authority
What is the constitutional standard the governs arrest -
ANSWERS-4th amendment
What are some jurisdictional requirements for an arrest -
ANSWERS-Police can arrest when in pursuit within three
miles of corporate limits, Police in a county (Deputies) can
arrest in the county or in pursuit within adjacent county
In order to arrest someone, what must be there - ANSWERS-
Probable cause- facts and circumstances that are sufficient
enough to make a reasonable officer believe that the
suspect committed or was committing the crime
When is an arrest warrant required? - ANSWERS-For a
felony, warrant is preferred, however any crime committed