SCCJA Legals Unit 3 Questions with solutions 2023

SCCJA Legals Unit 3 Questions with solutions 2023 Public Disorderly Conduct Elements: 1. The accused was on any highway or at a public gathering grossly intoxicated or otherwise conduction himself in a disorderly or boisterous manner or 2. The accused was using obscene or profane language in hearing distance of school, church, or any public place or 3. While under the influence or feigning to be, the accused discharge a firearm, without just cause or excuse, while upon or within 50 yards of any public road or highway, except upon his own premises Court: Summary Court Driving under the influence Elements: it is unlawful for a person to drive a motor vehicle within this state while under the: 1. influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired; or 2. influence of any other drug or combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or 3. combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired. Court: Summary court (1st offense) General Sessions Court (2nd offenses) Murder Elements: 1. unlawful killing of another person 2. with malice aforethought, either express or implied. Court: General Sessions Voluntary Manslaughter Elements: 1. unlawful killing of another person 2. without malice (in order to be without malice, the killing must e done in sudden heat of passion and upon adequate provocation.) Court: General Sessions Involuntary Manslaughter Elements: 1. unlawful killing of another person 2. resulting from criminal negligence (defined as reckless disregard for the safety of others). Court: General Sessions Reckless Vehicular Homicide Elements: 1. unlawful killing of another person 2. operation (by defendant) of a vehicle in reckless disregard of the safety of others. Court: General Sessions Felony DUI Elements: 1. the actor drives a vehicle while under the influence of alcohol and/or drugs; 2. the actor does an act forbidden by law or neglects a duty imposed by law; and 3. the act or neglect proximately causes great bodily injury or death to another person Court: General Sessions Attempted Murder Elements: A person who, with intent to kill, attempts to kill another person with malice aforethought, wither expressed or implied, commits the offense of attempted murder. a person who violates this section is guilty of a felony, and, upon conviction, must be imprisoned for not more than thirty years. a sentence imposed pursuant to this section may not be suspended nor may probation be granted. Court: General Sessions Resisting Arrest Elements: 1. a person knowingly and willfully 2. resist any lawful arrest Court: General Sessions Assault on officer while resisting arrest Element: 1. a person knowingly and willfully 2. assaults, beats, or wounds a law enforcement officer 3. when resisting any lawful arrest Court: General Sessions Resisting arrest with a deadly weapon Elements: 1. any person who uses or threatens use of a deadly weapon against the officer 2. when such person is in possession or claims to be in possession of a deadly weapon 3. while resisting lawful efforts of a law enforcement officer to arrest him or any other person. Court: General Sessions Illegal transportation of alcoholic liquors Elements: 1. one may not transport alcoholic liquors (meaning all distilled spirits regardless of the percentage of alcohol by volume) in a motor vehicle 2. if the cap or seal is open or broken 3. in any motor vehicle except in a trunk, luggage compartment or cargo area that is separate and distinct form the driver's and passengers' compartments Court: Magistrate's Court Open containers of beer or wine in vehicle Elements: 1. one may not possess an open container of beer or wine 2. in a motor vehicle of any kind while located upon the public highways or highway rights of way in this State, except in the trunk or luggage compartment Court: Magistrate's Court