SCCJA Special Basic Study Guide EXAM
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Terms in this set (232)
Historical Events Colonists declared independence from England, in
occurring between 1776 order to create a central government without the
and 1791 that lead to ability to become a tyranny. Strong versus
decisions that lead to the Decentralized form of government battle where the
ratification of the Bill of Rights came in.
Constitution and the Bill of
Rights
Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech,
First Amendment
or of the press; or the right of the people peaceably
to assemble, and to petition the government for a
redress of grievances.
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
4th Amendment 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.
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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
6th Amendment
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.
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
14th Amendment
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
concept that the division of government
What is the separation of responsibilities among the various branches-
powers concept Legislative (writes-makes the laws), Executive
(Enforces the law), Judicial (Interprets the law)
What branch of Executive Branch (Enforce the law)
government does law
enforcement belong to
Principles that are relevant for law enforcement to
follow today. The big one- The ability of the police to
What are Peels Principles
perform their duties is dependent on public approval.
of Modern Law
Otherwise some others include remaining impartial,
Enforcement
only use physical force to the extent necessary,
prevent crime is the basic mission
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Identical concepts to the US Constitution however
two differences: In addition to the protections in the
Recognize the importance 4th amendment, and individual is also protected
of the South Carolina against unreasonable invasions of privacy and in
State constitution regards to the particularity requirement, the
information sought pursuant to a warrant be stated
significantly
Function and organization The SCOTUS is the court of last resort. There are 9
of the US Supreme Court members of the court with a Chief Justice.
Written decision of appellate courts deciding actual
What is "case law"
cases-- also known as precedent or common law
What are elements of an elements, or key points that the state must prove for
offense every offense in order to obtain a conviction.
Structure of the US Court From Bottom to Top: U.S. District Courts, US Court of
System Appeals, SCOTUS
Bottom to Top: Summary Courts (Magistrate,
Municipal, Probate Courts), Circuit Court (Common
pleas- CIVIL and General Sessions- CRIMINAL), Court
Structure of the South
of Appeals.
Carolina Court system
Also within are Family Court and Master-in-Equity
court
Cases may be appealed to the US Supreme Court by
How can a state case be
petitioning for a Writ of Certiorari. This is the ONLY
reviewed in Federal Court
way. Has to deal with a US constitution issue.
What are the origins of Comes from Sumeria in modern day Iraq
criminal law
Where does common law Court Decisions
come from
Where does statutory law Legislatively created laws
come from?
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Right to a speedy trial, a jury trial, in the county where
the crime was committed, and to be confronted by
What are the accused witnesses against him. Also entitled to counsel for the
rights in the criminal trial defense, privilege against self incrimination, and a
compulsory process for obtaining witnesses in his
behalf
A party's duty to prove a disputed assertion or charge.
What is the burden of Burden of proving is solely on the state. When trying
proof? someone for a crime to convict them we need
"beyond a reasonable doubt"
Doubt that prevents one from being convinced of
What is reasonable doubt defendants guilt-- belief there is a real possibility that
a defendant is not guilty
The prosecution of a person twice for the same
What is double jeopardy?
offense.
1. Jurisdiction- crime happened in court area
What critical elements of
2. Identify the Defendant- prove Def. is actually the
proof are needed to be
person who committed the crime
able to prove beyond a
3. Physical action (Actus Reus)- Defendant committed
reasonable doubt to
the necessary actions that make up the crime
convict someone of a
4. Mental intent- Def. had right mindset (intentionally,
crime
knowingly, recklessly, negligently, and strict liability
What are the stages of a crime occurs, arrest, bond hearing, preliminary
criminal case in South hearing, Grand Jury, arraignment where plea is given,
Carolina pre-trail hearings and plea hearings, Trial.
What are diversionary A program for the disposition of a criminal charge
programs without a criminal trial.
What are examples of Pre-Trial Intervention, Alcohol Education program,
diversionary programs Veterans Court
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