SCCJA Block 1 Test

due process is defined by blacks law dictionary as "the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights including notice and the right to a fair hearing before a tribunal with the power to decide a case

14th amendment

congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or press or right of people to peaceaby assemble

1st amendment

how long does an offender have to register with the sheriff

3 business days

Right against unreasonable search and seizure

4th amendment

what circuit court is south carolina designated in

4th circuit

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

5tH 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.

6th amendment

how many members are appointed in U.S. supreme court and why?

9. uneven numbers allow for split decision without ties

nationwide electronic database of DNA profiles of individuals convicted of various crimes

CODIS (combined DNA index sysem)

the genetic material found within the cell nuclei of all living things

DNA

Law making branch

Legislative Branch

has jurisdiction over matters involving wills, estate, and mental competency issues. Also does not have any criminal jurisdiction

S.C. probate court

ABC's for communication over the radio

accuracy, brevity, clarity

An unlawful attack by one person on another in order to inflict severe bodily injury

aggravated assault

the most common mental health condition, also affects more women than men

anxiety disorder

the defendant is brought in to plead after being advised of their rights

arraignment

vests the judicial power of the U.S. also has three sections

article III

will be held in magistrate and municipal court unless the charge carries a potential sentence of death or life imprisonment, must be held within 24 hours of arrest

bond hearing

a partys duty to prove a disputed assertion or charge, must be presented to be successful at any given stage in the legal process

burden of proof

the body of prior judicial decisions that guide judges deciding issues before them

case law

any person under the age 18 is defined as a(n)

child

who keeps record of everything said in a case

clerk reporter

court based decisions

common law

what are the two branches of circuit court

common pleas - civil general sessions - criminal

basic mission for law enforcement

crime prevention

who represents the defendant

defense attorney

aims to fix behavior that led to arrest and avoid any future criminal behavior

diversionary programs

the fact of being prosecuted or sentenced twice for substantially the same offense

double jeopardy

any person in physical control of a vehicle

driver

words that are intended to inflict injury or immediate breach of peace

fighting words

the original and most basic form of patrol

foot patrol

comprised of 18 jurors, at least 12 must agree before a "true bill" is established which will allow an indictment to be prepared for formal charging documents

grand jury

who decides question of law

judge

who decides question of fact

jury

individual in an unknown location whose safety may be threatened

lost/missing person

impacts and disrupts a persons thinking, feeling, and mood and may affect the ability to relate to others or function

mental ilness

must be proven that the defendant had the right mental intent or mindset that makes up part of the crime

mental intent (mens rea)

made when defense asks the judge to dismiss the case as a matter of law

motion for directed verdict

must be proven that the defendant committed the necessary actions that make up the crime

physical action (actus reus)

held to determine if there is probable cause to hold the defendant for grand jury indictment

preliminary hearing

primary duty of patrol division

protection and service

a courts written explanation of its decision on a case intended to be relied upon as a statement of the law based on the facts of the case

published opinion

the doubt that prevents one from being firmly convinced of a defendants guilt or the belief that the defendant is not guilty

reasonable doubt

odorless, aspirin-like tablet that easily dissolves in beverages

rohypnol

broad category of exploitation of explicit photos, meet face to face, or engage in online sexual conversations

sextortion

who prosecutes the case on behalf of state

solicitor

legislatively created laws

statuatory law

made flag burning legal

texas v. johnson

an opinion that the court has designated as unfit for publication. an opinion may be placed on the courts web page but will be classified as "unpublished"

unpublished opinion

what is used for appeal for a state case to be heard in federal court

writ of certiorari