Legals 1 Flashcards
1
Q
What law and punishment for rape was established around 2000 BC?
A
The Code of Hammurabi
Provided the first written law regarding rape and required a suitor or his family to pay a ‘bride price’ to the father.
2
Q
Which state was the first to recognize marital rape as a crime, and in what year?
A
South Dakota, 1975
3
Q
What is the primary motivation behind rape according to the text?
A
Power and Control
4
Q
Define ‘Power Assertive’ motivation in the context of rape.
A
Motivation to be in control and assert power over the victim; may involve narcissism.
5
Q
What characterizes ‘Power Reassurance’ motivation in rape?
A
Uses rape to negate feelings of inadequacy; the perpetrator believes the victim enjoys the assault.
6
Q
Describe the ‘Anger Retaliatory’ motivation for rape.
A
Motivation driven by intense anger; the victim is seen as non-human and physically assaulted.
7
Q
What is the ‘Anger Excitement’ motivation for rape?
A
Sadistic torture; pain is inflicted for sexual gratification, may involve abduction or murder.
8
Q
What does ‘Actor’ refer to in the context of sexual assault?
A
A person accused of criminal sexual conduct.
9
Q
What does ‘Aggravated Coercion’ mean?
A
The actor threatens to use force or violence of a high and aggravated nature to overcome the victim.
10
Q
Define ‘Aggravated Force’.
A
The actor uses physical force or violence of a high and aggravated nature to overcome the victim.
11
Q
What are considered ‘Intimate Parts’ in the context of sexual assault?
A
Primary genital area, anus, groin, inner thighs, buttocks, and breasts of a human being.
12
Q
What does ‘Mentally Defective’ mean?
A
A person suffers from a mental disease or defect that incapacitates them from understanding their conduct.
13
Q
What is meant by ‘Mentally Incapacitated’?
A
A person temporarily incapable of appraising or controlling conduct due to various causes.
14
Q
Define ‘Physically Helpless’.
A
A person who is unconscious, asleep, or unable to communicate unwillingness to an act.
15
Q
What does ‘Sexual Battery’ encompass?
A
Sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion into genital or anal openings.
16
Q
What is ‘Criminal Sexual Conduct 1st Degree’?
A
The actor uses aggravated force to accomplish sexual battery.
17
Q
What is the maximum punishment for Criminal Sexual Conduct 1st Degree?
A
Up to 30 years.
18
Q
What differentiates Criminal Sexual Conduct 2nd Degree?
A
The actor uses aggravated coercion to accomplish sexual battery.
19
Q
What is the punishment for Criminal Sexual Conduct 2nd Degree?
A
Imprisonment for not more than twenty years.
20
Q
What constitutes Criminal Sexual Conduct 3rd Degree?
A
Engaging in sexual battery with the victim under certain circumstances without aggravated force or coercion.
21
Q
What is the maximum punishment for Criminal Sexual Conduct 3rd Degree?
A
Not more than ten years.
22
Q
What are common drugs involved in Drug Facilitated Sexual Assault?
A
- Ethanol (Alcohol)
- Gamma Hydroxybutyrate
- Ketamine
- Rohypnol
- Ecstasy (MDMA)
23
Q
List the emotional stages experienced by victims after sexual assault.
A
- Shock-Numbness
- Disbelief-Denial
- Anxiety-Paranoid
- Guilt-Mad with Self
- Anger-Resentment
- Fear
24
Q
What are the phases of Rape Trauma Syndrome?
A
- Acute Phase
- Outward Adjustment Phase
- Resolution Phase
25
What are the two primary responsibilities of law enforcement officers as first responders?
* Medical & Emotional needs of Victim
* Crime scene Management & Investigation
26
What is CODIS?
Combined DNA Index System
27
What does SLED stand for?
South Carolina Law Enforcement Division
28
What must be done within 30 days regarding sexual assault incidents involving a spouse?
Must be reported within 30 days.
29
What is the purpose of a Sexual Assault Evidence Collection Kit?
To collect evidence from the victim's body within 120 hours after the assault.
30
What is the registration frequency for sexual predators under Megan's Law?
Every 90 days.
31
What is the primary purpose of Community Oriented Policing (COP)?
To establish a positive relationship between the police department and the community.
32
What are the key elements of effective communication when using a public safety radio?
* Accuracy
* Brevity
* Clarity
33
What does CYMBALS stand for in the context of identifying vehicles?
* Color
* Year
* Make
* Body
* License
* Serial Numbers (VIN)
34
Define 'Lost or Missing Persons'.
A known individual in an unknown location whose safety may be threatened.
35
What are some categories of lost or missing persons?
* Children 1-3
* Children 4-6
* Youth 13-15
* Hunters
* Hikers
* Fishermen
* Despondents
36
What is the average length of a gunfight according to the text?
2 Seconds.
37
What are the three stages of arrest?
* Approach
* Position Triangulation
* Control emotions
38
What is the purpose of a Terry Frisk?
A pat down of the outer clothing for weapons.
39
What is the maximum penalty for unlawful discharge of firearms at occupied vehicles?
Not more than ten years.
40
What is the focus of the prevention strategy during an arrest?
Preventing an assault by the suspect on an officer or citizen.
41
What does it mean to triangulate the suspect?
To position officers in a way that creates a triangle around the suspect for better control and safety.
42
What is the purpose of dividing the suspect's attention?
To distract the suspect, making it easier for officers to manage the situation.
43
What does it mean to eliminate potential crossfire situations?
To ensure that officers are positioned in a way that prevents them from inadvertently shooting each other.
44
What is the first stage of arrest?
Approach - Begin looking for the suspect while en route to the location of the call.
45
What is a Terry Frisk?
A pat down of the outer clothing for weapons.
46
What is the difference between a search and a frisk?
Search = Detailed examination; Frisk = Pat down for weapons.
47
What are the conditions for a Terry Frisk?
Officer must have reasonable articulable suspicion that the person is armed.
48
What is meant by 'incident to arrest'?
Actions taken after an arrest concerning means of escape, weapons, and evidence.
49
What is the proper order of actions after an arrest?
Handcuff first, then search from top to bottom.
50
What are the types of restraining devices?
* Standard handcuffs
* Flex cuffs
* Restraining belt or chain
* Leg irons
* Transport leg brace
51
What is the requirement for strip searches?
Conducted by same sex officer and in a private designated area.
52
What should always be checked before transporting a prisoner?
Interior and exterior of the transport vehicle for weapons/contraband.
53
What is the recommended seating arrangement for transporting prisoners of the opposite sex?
Place one prisoner in the front and the other in the right rear.
54
What defines mental illness according to NAMI 2015?
A condition that impacts and disrupts a person’s way of thinking, feeling, and mood.
55
What is the purpose of Emergency Protective Custody?
To detain a person reasonably believed to be mentally ill or suffering from chemical dependency who poses a likelihood of serious harm.
56
What does the Fourteenth Amendment guarantee?
No state shall deprive any person of life, liberty, or property without due process of law.
57
What is the significance of the Supremacy Clause?
Establishes that the Constitution and federal laws are the supreme law of the land.
58
What is the role of the legislative branch?
To make laws.
59
What does the executive branch do?
Enforces the law.
60
What is the purpose of the judicial branch?
To interpret laws.
61
What is a warrant application process?
Involves the legislative branch creating laws, the executive branch executing them, and the judicial branch reviewing the warrant.
62
What are Peel's Principles?
Principles advocating that law enforcement should maintain public cooperation and respect.
63
What does the Fourth Amendment protect against?
Unreasonable searches and seizures.
64
What is required for a warrant to be issued?
Probable cause supported by oath or affirmation.
65
What does the Bill of Rights consist of?
The first ten amendments to the Constitution.
66
What is the significance of Amendment I?
Protects freedoms of religion, speech, press, assembly, and petition.
67
What does Amendment II protect?
The right to keep and bear arms.
68
What does Amendment IV restrict?
Unreasonable searches and seizures.
69
What does Amendment V guarantee?
Protection against self-incrimination and double jeopardy.
70
What rights are guaranteed by Amendment VI?
Right to a speedy trial, impartial jury, and counsel.
71
What does Amendment VIII prohibit?
Excessive bail, excessive fines, and cruel and unusual punishments.
72
What does Amendment XIV emphasize?
Due process and equal protection under the law.
73
What is the purpose of case law?
To guide judges based on prior judicial decisions.
74
What is the role of the Supreme Court?
Final determination on the constitutionality of laws.
75
What is the term used for a request for the Supreme Court to review a case?
Writ of Certiorari.
76
What is the purpose of the Elements of an Offense?
To prove each element of the offense charged for a conviction
77
Define malice aforethought in the context of murder.
The intention to kill or cause serious harm to another person
78
What does the 1st Amendment protect?
Freedom of speech, press, assembly, and exercise of religion
79
What are fighting words?
Words that inflict injury or incite an immediate breach of peace
80
True or False: Fighting words are protected by the First Amendment.
False
81
What is required for a police officer to be considered to have a higher standard of restraint?
The presence of bystanders and circumstances
82
What is the significance of Texas v. Johnson?
It affirmed the First Amendment's protection of expressive conduct
83
Fill in the blank: A 'Driver' is defined as every person who drives or is in actual physical control of a _______.
vehicle
84
What is the definition of a 'Motor Vehicle' according to S.C. Code Ann. §56-1-10?
Every vehicle which is self-propelled and every vehicle propelled by electric power except those operated on rails
85
What does the term 'Highway' refer to under S.C. Code Ann. §56-1-10?
The entire width between the boundary lines of every way publicly maintained for vehicular travel
86
What is the role of the U.S. Supreme Court?
To hear appeals on significant constitutional issues and other important cases
87
What is the difference between Criminal Law and Civil Law?
Criminal Law deals with harm against society; Civil Law deals with harm against individuals
88
What is the function of common law?
To create, revise, and expand laws through judicial rulings
89
What is the burden of proof in a criminal trial?
Beyond a reasonable doubt
90
What is 'Double Jeopardy'?
Being prosecuted or sentenced twice for the same offense
91
What must the prosecution prove at trial?
Every element of the crime beyond a reasonable doubt
92
What are the stages of a Criminal Case?
Crime occurs, Arrest/Hearing, Preliminary Hearing, Grand Jury Indictment, Arraignment, Pre-Trial hearing, Trial, Sentencing
93
What is the definition of 'act of reus'?
The physical action taken by the defendant that constitutes the crime
94
What is 'mens rea'?
The mental intent or mindset that constitutes part of the crime
95
What is required for officers to perform a search or seizure of a recording device?
A search warrant
96
What is the maximum penalty that a Magistrate Court can impose?
A $500 fine and 30 days imprisonment
97
What does S.C. Code Ann. §56-5-6410 pertain to?
Child Passenger Restraint Systems for children under 8 years of age
98
Fill in the blank: The right to remain silent is protected under the _____ Amendment.
5th
99
What is a 'Writ of Certiorari'?
A written order that a court will hear a case
100
True or False: The South Carolina Court of Appeals hears all criminal appeals including death penalty cases.
False
101
What does 'Nolle Prosequi' mean?
Not prosecute
102
What is a Trial Hearing?
A court proceeding to determine the facts of a case.
103
What is a Plea Hearing?
A hearing where a defendant enters a plea of guilty, not guilty, or nolo contendere.
104
What is a Sentencing?
The stage in a trial where the judge determines the punishment for a convicted defendant.
105
What is the defendant's right regarding a Preliminary Hearing?
The defendant has the right to request a Preliminary Hearing.
106
When can a case be tried in General Sessions?
Only after being indicted by a Grand Jury or if the defendant waives the right to a Grand Jury proceeding.
107
What types of arrest methods are there?
* Warrant
* Without Warrant
* Citation
* Summons
108
What is a Bond Hearing?
A hearing held in Magistrate and Municipal Courts regarding bail.
109
How long must a bond hearing be held after an arrest?
Within 24 hours of arrest on a bailable offense.
110
What must happen if a defendant is indigent?
The judge appoints a public defender.
111
When is a defendant entitled to a personal Recognizance bond?
Except in capital cases, unless determined to be a flight risk or unreasonable danger to the community.
112
What factors does a court consider for bond?
* Criminal record
* Pending charges
* Incident reports
* Gang affiliation
113
What is a Preliminary Hearing?
A probable cause hearing providing additional safeguards for the accused.
114
How long does a defendant have to request a Preliminary Hearing?
Within 10 days of the bond hearing.
115
What is a Grand Jury?
A group of 18 individuals that determines whether there is enough evidence to indict a defendant.
116
What constitutes a 'true bill' from a Grand Jury?
If at least 12 out of 18 jurors agree.
117
What occurs during an Arraignment?
The defendant enters formal pleas.
118
What are the possible pleas a defendant can enter?
* Guilty
* Nolo Contendre
* Not guilty
119
What is the purpose of Diversionary Programs?
To address behavior that led to arrest and prevent future criminal behavior.
120
What is PTI?
Pre-Trial Intervention for first offenses for individuals aged 17 or over.
121
What is the AEP?
Alcohol Education Program for individuals aged 17-20 charged with alcohol-related offenses.
122
What is the role of a Judge in a trial?
Decides questions of law and swears in the jury.
123
What is the role of a Jury?
Decides questions of fact in bench trials only.
124
What is required for jury verdicts in criminal cases?
Must be unanimous.
125
What happens if a jury is not unanimous?
The judge declares a mistrial and there is no double jeopardy.
126
What is the role of the Prosecutor?
Represents the state and has the burden of proving the case against the defendant beyond a reasonable doubt.
127
What is the role of the Defense Attorney?
Represents the defendant, questions witnesses, and challenges the state's evidence.
128
What is a Motion for Direct Verdict?
A request to dismiss the case as a matter of law due to lack of evidence.
129
What is the purpose of Jury Instructions?
To inform jurors about the law applicable to the offenses charged.
130
What defines a child in child abuse cases?
A person under the age of 18.
131
What constitutes child abuse?
* Inflicting physical or mental injury
* Committing sexual offenses
* Failing to provide adequate food, clothing, shelter, or education.
132
What are the steps in a Child Abuse Investigation?
* Listen to caregivers
* Look at evidence
* Secure crime scene
* Collect and preserve evidence
* Take a big picture approach.
133
What is Physical Abuse?
Often involves unexplained injuries and may present no physical evidence.
134
What is the difference between a Child Molester and a Pedophile?
* Child Molester: Engages in sexual activity with children
* Pedophile: Has a sexual preference for children.
135
What are Initial Interview Techniques with children?
* Conduct in child-friendly settings
* Videotape interviews
* Make the child comfortable
* Use child terminology.
136
What is EPC in Child Abuse cases?
Emergency Protective Custody to protect the child from imminent danger.
137
What is the time frame for a DSS preliminary investigation after EPC?
Within 24 hours.
