Block 1

Question 1

Important Dates for US Constitution

Answer 1

1776 - Independence
1787 - Constitutional Convention
1788 - Constitution Ratified, Bill of Rights is proposed
1791 - Bill of Rights is Ratified

Question 2

1st Amendment

Answer 2

Freedom of expression, religion, free speech, free press, etc.

Question 3

4th Amendment

Answer 3

“search and seizure”, need for probable cause

Question 4

5th Amendment

Answer 4

Right to a Grand Jury, double jeopardy, not forced to be witness against themselves, not to have private property taken for public use without just compensation

Question 5

6th Amendment

Answer 5

Due Process, right to a speedy trial by jury, confront witnesses, secure witnesses for defense, right to an attorney

Question 6

Constitutional Amendments that relate to LE

Answer 6

1st
4th
5th
6th

Question 7

14th Amendment

Answer 7

Due Process across all states; notice and right to a fair trial

Question 8

Common Law

Answer 8

Court decisions and precedent

Question 9

Statutory Law

Answer 9

Legislatively created laws

Question 10

US Court of Appeals with Jurisdiction over SC

Answer 10

US 4th Circuit Court of Appeals

Question 11

Ability to have case heard in US or SC Supreme Courts

Answer 11

Writ of Certiorari

Question 12

Stages of Criminal Case in SC

Answer 12

Crime Occurs >
Arrest and Bond Hearing >
Prelim Hearing (establish probable cause to take to Grand Jury) >
Grand Jury hearing (to indict Defendant) >
Arraignment (pleas of guilty or not guilty; moments before trial) >
Pre-trial Hearings and Pleas Hearing (determine legal issues) >
Criminal Trial

Question 13

Diversionary Programs

Answer 13

Pre-Trial Intervention (PTI)
- First time offenders; 17 or older; AND Referred by Judge, Attorney, or LE
- Not eligible if charged with DUI, traffic offense punishable ONLY by $ or points, OR crime of violence

Alcohol Education Program (AEP)
- 17 to 20 years old; charged with alcohol-related offense

Veteran’s Court
- Must be a veteran; charged with non-violent crime; eligible for VA benefits; diagnosis of treatable behavioral, mental health and/or chemical dependency
- Must plead guilty in court before entering program; offence may be dismissed or expunged following completion.

Question 14

When does Double Jeopardy attach?

Answer 14

In a jury trial, when the jury is sworn in.
In a bench trial, when the first witness is sworn in.

Question 15

Arrest/Bond Hearings

Who sets bond AND when are they to be heard?

Answer 15

Magistrate and Municipal Courts hear and set bonds EXCEPT when potential penalty is for Life Imprisonment OR Death Penalty

Bond Hearings are to be held within 24 Hours of arrest

Question 16

Aggravated Force
(sexual assault)

Answer 16

Actor uses physical force or physical violence of a high and aggravated nature to overcome victim; includes us or threat of use of a deadly weapon.

Question 17

Aggravated Coercion
(sexual assault)

Answer 17

Actor threatens to use force or violence of a high and aggravated nature to overcome victim or another person.

Question 18

Criminal Sexual Conduct 1st Degree

Answer 18

Actor uses aggravated force to accomplish sexual battery

Question 19

Spousal Sexual Battery

Answer 19

-Must be reported within 30 days.
-Must be married.
-Must be living together.
-Must be accomplished through aggravated force.

Question 20

Criminal Sexual Conduct (CSC) when victim is spouse

Answer 20

-Must be married.
-Living apart.
-CSC in 1st or 2nd Degree.
-Must be reported in 30 Days.

Question 21

Rape Trauma Syndrome (3 Phases)

Answer 21

1 - Acute Phase: immediately follows the assault
2 - Outward Adjustment Phase: appears to have returned to “normal” life
3 - Resolution Phase: Sexual assault is no longer the primary focus