Block 2

Question 1

In Re Gault

Answer 1

Granted Due Process to Juvenile offenders; rights of the 4th, 5th, and 6th Amendments

Question 2

In Re Winship

Answer 2

Created Burden of Proof in Juvenile cases to rise to the level of “Beyond a Reasonable Doubt” in Family Court setting; all elements of a crime must be proved.

Question 3

Kent v. United States

Answer 3

Granted the right to a transfer hearing in Family Court before a Juvenile offender is tried in General Sessions; right to counsel; counsel’s right to records (probation, medical, DSS, etc.)

Question 4

McKeiver v. Pennsylvania

Answer 4

Jury trial is not constitutionally required for Juvenile hearings, states may allow a jury trial, but not required. Family Court (SC) does not allow for a trial by Jury in juvenile matters.

Question 5

Parens Patriae

Answer 5

State’s capacity to act as a protector for those that cannot protect themselves (children, juveniles).

Question 6

Status Offense

Answer 6

Offense which would not be a misdemeanor or felony if committed by an adult, but able to be charged against a Juvenile.

Question 7

Juvenile Petition

Answer 7

Charging document for Juvenile offenders.

Question 8

State v. Parker

Answer 8

Gave the right to Miranda warnings to Juveniles when being interrogated in a custody setting.

Question 9

Jackson v. Denno

Answer 9

Hearing to determine the validity of a Juvenile’s waiver of Miranda Rights.

Question 10

Two forms to be given to DSS within 24 hours of Juvenile being taken into custody.

Answer 10

Written incident report and written promise/custodial release form.

Question 11

LEO must fingerprint juvenile

Answer 11

When charge would carry max term length of 5 years or more for adult charged with same crime.

Question 12

DSS may fingerprint juvenile

Answer 12

filing a petition, release from detention, release on house arrest, commitment to juvenile detention facility.

Question 13

Basic elements for DV charge

Answer 13

a) offer/attempt of physical harm
b) directed at household member
c) apparent present ability
d) created imminent fear of peril

Question 14

DV 3rd Degree

Answer 14

a) offer/attempt of physical harm
b) directed at household member
c) apparent “present” ability
d) created imminent fear of peril
Misdemeanor; Heard in Summary Court before a Magistrate.

Question 15

DV 2nd Degree

Answer 15

a) offer/attempt of physical harm
b) directed at household member
c) apparent “present” ability
d) created fear imminent of peril
AND
moderate bodily injury; violation of protection order; 1 prior conviction of DV in 10 yrs;
OR
presence or perception of minor; victim known to be pregnant; during robbery, burglary, kidnapping, or theft; impeded victim’s breathing; blocking victim’s ability to communicate for help.
Misdemeanor; Heard in General Sessions

Question 16

DV 1st Degree

Answer 16

General Sessions - Felony
a) offer/attempt of physical harm
b) directed at household member
c) apparent “present” ability
d) created fear of imminent peril
AND
great bodily injury (permanet); violation of protection order; 2 or more DV convictions in 10 years; use of a firearm.
OR
presence/ perception of a minor; victim known to be pregnant; during robbery, kidnapping, theft, or burglary; impeding breathing; blocking communication for help.

Question 17

Household Member

Answer 17

a) spouse
b) former spouse
c) people with common child
d) cohabiting/formerly cohabiting in intimate relationship

Question 18

DVHAN

Answer 18

General Sessions - Felony
a) offer/attempt of physical harm.
b) directed at household member
c) apparent “present” ability
d) created fear of imminent peril
AND
manifesting extreme indifference to human life and great bodily injury; violates protection order in process of committing DV 1.
Extreme indifference: deadly weapon use; knowing/intentionally impeding blood flow or breathing causing any loss of consciousness; presence of minor; victim known to be pregnant; during robbery, burglary, kidnapping, or theft; blocking communication for help.

Question 19

Cycle of Violence

Answer 19

Tension building phase: knowing abuse coming, but not when.

Acute Abuse phase: actual physical violence, lasting hours or days.

Honeymoon phase: period of apologies and remorse, possible gifts and resumption of relationship.

Question 20

Family Member

Answer 20

a) Spouse
b) Child
c) Parent
d) Sibling
e) Person regularly residing in home of targeted person.

Question 21

Harassment 1st Degree

Answer 21

Pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person
AND
that serves no legitimate purpose
AND
causes the person and would cause a reasonable person to suffer mental or emotional distress
MAY INCLUDE
following victim as they move from location to location; visual or physical contact, initiated, maintained, or repeated after been provided oral or written notice that it is unwanted OR after victim files a report with LEO;
surveillance of or maintenance of presence near victim’s residence, work, school, or other place victim regularly visits.

Question 22

Harassment 2nd Degree

Answer 22

Pattern of intentional, substantial, and unreasonable intrusion into targeted person’s life
AND
that serves no legitimate purpose
AND
causes the person and would cause a reasonable person to suffer mental or emotional distress
MAY INCLUDE
Verbal, written, or electronic contact that is initiated, maintained, or repeated.

Question 23

Stalking

Answer 23

Pattern of words, verbal, written, or electronic, or a pattern of conduct
AND
that serves no legitimate purpose
AND
intended to cause and does cause targeted person or reasonable person to fear: death of person or family member; assault of person or family member; bodily injury of person or family member; criminal sexual conduct of person or family member; kidnapping of person or family member
OR
damage to property of person or family member.

Question 24

Pattern of words, verbal, written, or electronic, or a pattern of conduct
AND
that serves no legitimate purpose
AND
intended to cause and does cause targeted person or reasonable person to fear: death of person or family member; assault of person or family member; bodily injury of person or family member; criminal sexual conduct of person or family member; kidnapping of person or family member
OR
damage to property of person or family member.

Answer 24

Stalking

Question 25

Pattern of intentional, substantial, and unreasonable intrusion into targeted person’s life
AND
that serves no legitimate purpose
AND
causes the person and would cause a reasonable person to suffer mental or emotional distress
MAY INCLUDE
Verbal, written, or electronic contact that is initiated, maintained, or repeated.

Answer 25

Harassment 2nd Degree

Question 26

Pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person
AND
that serves no legitimate purpose
AND
causes the person and would cause a reasonable person to suffer mental or emotional distress
MAY INCLUDE
following victim as they move from location to location; visual or physical contact, initiated, maintained, or repeated after been provided oral or written notice that it is unwanted OR after victim files a report with LEO;
surveillance of or maintenance of presence near victim’s residence, work, school, or other place victim regularly visits.

Answer 26

Harassment 1st Degree