AND VERIFIED ANSWERS COMPLETE STUDY GUIDE
[EXAM TEST] RATE A+
Consequences of unethical conduct
Criminal charges, civil litigation, negative impact on community relations, disciplinary
action, loss of certification, domestic problems
Greatest consequence of unethical conduct
officer safety
2 groups that officers feel pressured by to keep quiet about unethical conduct
Individuals who commit the act, someone not involved in it
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
Ways agencies can control code of silence
ethics training, accountability, open communication, anon reporting, protect officers who
come forward
2 ways social media affects law enforcement
agency's image and officer's credibility
Ethics
study of what is morally right and what is not
Motivations for unethical conduct
Anger lust greed peer pressure
Common crimes officer commit
False statements, larceny, sex offenses, battery
Average experience level of officers who get in ethical dilemmas
7 years
1st phase of continuum of compromise
Omission
Examples of omission
Ignoring traffic violations, failing to conduct follow ups, complete paperwork
2nd phase of continuum of compromise
administrative
Examples of administrative unethical conduct
drinking on duty, not reporting accidents
3rd phase of continuum of compromise
criminal
Examples of criminal unethical conduct
evidence tampering, thefts
4 justifications for unethical conduct
denial of victim, victim of circumstance, higher cause, victim blaming
Denial of victim
officer believes there's no victim, so no harm done. example- stealing money from drug
dealer
Victim of circumstance
,Officer believes no choice but to act in a certain way
Higher cause
Officer believes he must break rules to accomplish goal. example- unlawful search of
sexual predator
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
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
Moral turpitude
Anything done contrary to justice, honesty, modesty or good morals.
Crimes of moral turpitude
fraud larceny intent to harm persons or things
Statutory law
enacted by legislature
Common law
developed in England from customs and court decisions, adopted by SC in 1712
How many felony categories?
6
How many felonies exempt from classification system? And what kind?
40- Murder, Homicide by Child Abuse, Burglary 1st, drug trafficking
How many misdemeanor categories?
3
What misdemeanors are exempt from classification?
Those that carry term of less than 1 year or more than 3
Class A Misdemeanor
3 yrs
Class B Misdemeanor
2 yrs
Class C Misdemeanor
1 yr
2 types of defendants
principal, accessory
Types of courts
summary, family, circuit, SC court of appeals, SC supreme court
Summary court divisions
magistrate (crimes with $500 fine, 30 days) municipal (city ordinance violations, civil
cases)
Circuit Court
Court of General Sessions (criminal), Common Pleas (civil). Bond hearings for death
penalty
SC Court of Appeals
Court reviews cases, except death penalty
SC Supreme Court
, Hears Direct Appeals and Writ of Cert
Types of Direct Appeals
death penalty murder, public utility, public bond, elections, constitutional questions
Order of trying a case
Crime occurs, arrest/bond hearing, prelims, grand jury, arraignment
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
Significance of Grand Jury
18 jurors, 12 must agree for true bill. Held in secret to determine if enough evidence for
trial
Significance of Arraignment
Defendant read rights & pleads after being adv of charge
Pleas defendant can enter
guilty nolo contedendere not guilty no plea double jeopardy
When is Nol Pros guaranteed?
no proof insurance
How many jurors in Circuit Court?
12
How many jurors in Magistrate/Municipal?
6
Defendant's rights
Speedy jury trial in county where crime occurred, cross examination, defense counsel,
no self-incrimination, witnesses
What is the order of trial?
Pre-trial motions (continuance, sequester witnesses, settle defendant's prior record)
Impanel a jury (Voir Dire, jury strikes) Pick jury
State v. Sossamon
Case where a Corporal tried to prosecute case where he wasn't the arresting officer
Discrimination in the jury process
Juror strikes must be for reason other than race or gender
Easly v. Cartee
Security officers can prosecute cases
How can a state case be reviewed in federal court?
Cases appealed to Supreme Court only by WRIT OF CERT
Significance of Bond Hearing
Occurs within 24 hrs after arrest, defendant advised of right to prelims.
Role of judge and jury?
Judge decides questions of law, sentences, and swears in jury. Jury decides questions
of fact.
Who can try cases in SC?
Officers (State v. Messervy) FTO helps rookies (State v. Seaborn)
When does jeopardy attach in a jury trial? Bench trial?
Jury- when jury is sworn in. Bench - first witness sworn in.
2 critical elements of proof
Establish venue, point out defedant