Block 2 Flashcards
In Re Gault
Granted Due Process to Juvenile offenders; rights of the 4th, 5th, and 6th Amendments
In Re Winship
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.
Kent v. United States
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.)
McKeiver v. Pennsylvania
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.
Parens Patriae
State’s capacity to act as a protector for those that cannot protect themselves (children, juveniles).
Status Offense
Offense which would not be a misdemeanor or felony if committed by an adult, but able to be charged against a Juvenile.
Juvenile Petition
Charging document for Juvenile offenders.
State v. Parker
Gave the right to Miranda warnings to Juveniles when being interrogated in a custody setting.
Jackson v. Denno
Hearing to determine the validity of a Juvenile’s waiver of Miranda Rights.
Two forms to be given to DSS within 24 hours of Juvenile being taken into custody.
Written incident report and written promise/custodial release form.
LEO must fingerprint juvenile
When charge would carry max term length of 5 years or more for adult charged with same crime.
DSS may fingerprint juvenile
filing a petition, release from detention, release on house arrest, commitment to juvenile detention facility.
Basic elements for DV charge
a) offer/attempt of physical harm
b) directed at household member
c) apparent present ability
d) created imminent fear of peril
DV 3rd Degree
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.
DV 2nd Degree
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
DV 1st Degree
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.
Household Member
a) spouse
b) former spouse
c) people with common child
d) cohabiting/formerly cohabiting in intimate relationship
DVHAN
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.
Cycle of Violence
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.
Family Member
a) Spouse
b) Child
c) Parent
d) Sibling
e) Person regularly residing in home of targeted person.
Harassment 1st Degree
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.
Harassment 2nd Degree
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.
Stalking
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.
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.
Stalking
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.
Harassment 2nd Degree
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.
Harassment 1st Degree
