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SCCJA Special Basic Study GuideHistorical Events occurring between 1776 and 1791 that lead to decisions that lead to the ratification of the Constitution and the Bill of Rights - correct answer Colonists declared independence from England, in order to create a central government without the abili...

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  • June 5, 2024
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SCCJA Special Basic Study Guide
Historical Events occurring between 1776 and 1791 that lead to decisions that
lead to the ratification of the Constitution and the Bill of Rights - correct
answer ✔✔ Colonists declared independence from England, in order to create
a central government without the ability to become a tyranny. Strong versus
Decentralized form of government battle where the Bill of Rights came in.


First Amendment - correct answer ✔✔ Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the government for a redress of
grievances.


4th Amendment - correct answer ✔✔ The right of people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no warrants shall issue, but upon probable
cause, supported by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be searched.


6th Amendment - correct answer ✔✔ In all criminal prosecutions, the
accused shall enjoy the right to a speedy and public trial, by an impartial jury
of the state and district wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be informed of
the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor,
and to have the assistance of counsel for his defense.


14th Amendment - correct answer ✔✔ All persons born or naturalized in the
United States and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall make or enforce
any law which shall abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of life, liberty, or

,property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws. This is the Due Process
amendment


What is the separation of powers concept - correct answer ✔✔ concept that
the division of government responsibilities among the various branches-
Legislative (writes-makes the laws), Executive (Enforces the law), Judicial
(Interprets the law)


What branch of government does law enforcement belong to - correct answer
✔✔ Executive Branch (Enforce the law)


What are Peels Principles of Modern Law Enforcement - correct answer ✔✔
Principles that are relevant for law enforcement to follow today. The big one-
The ability of the police to perform their duties is dependent on public
approval. Otherwise some others include remaining impartial, only use
physical force to the extent necessary, prevent crime is the basic mission


Recognize the importance of the South Carolina State constitution - correct
answer ✔✔ Identical concepts to the US Constitution however two
differences: In addition to the protections in the 4th amendment, and individual
is also protected against unreasonable invasions of privacy and in regards to
the particularity requirement, the information sought pursuant to a warrant be
stated significantly


Function and organization of the US Supreme Court - correct answer ✔✔
The SCOTUS is the court of last resort. There are 9 members of the court with
a Chief Justice.


What is "case law" - correct answer ✔✔ Written decision of appellate courts
deciding actual cases-- also known as precedent or common law

,What are elements of an offense - correct answer ✔✔ elements, or key
points that the state must prove for every offense in order to obtain a
conviction.


Structure of the US Court System - correct answer ✔✔ From Bottom to Top:
U.S. District Courts, US Court of Appeals, SCOTUS


Structure of the South Carolina Court system - correct answer ✔✔ Bottom to
Top: Summary Courts (Magistrate, Municipal, Probate Courts), Circuit Court
(Common pleas- CIVIL and General Sessions- CRIMINAL), Court of Appeals.


Also within are Family Court and Master-in-Equity court


How can a state case be reviewed in Federal Court - correct answer ✔✔
Cases may be appealed to the US Supreme Court by petitioning for a Writ of
Certiorari. This is the ONLY way. Has to deal with a US constitution issue.


What are the origins of criminal law - correct answer ✔✔ Comes from
Sumeria in modern day Iraq


Where does common law come from - correct answer ✔✔ Court Decisions


Where does statutory law come from? - correct answer ✔✔ Legislatively
created laws


What are the accused rights in the criminal trial - correct answer ✔✔ Right to
a speedy trial, a jury trial, in the county where the crime was committed, and
to be confronted by witnesses against him. Also entitled to counsel for the
defense, privilege against self incrimination, and a compulsory process for
obtaining witnesses in his behalf

, What is the burden of proof? - correct answer ✔✔ A party's duty to prove a
disputed assertion or charge. Burden of proving is solely on the state. When
trying someone for a crime to convict them we need "beyond a reasonable
doubt"


What is reasonable doubt - correct answer ✔✔ Doubt that prevents one from
being convinced of defendants guilt-- belief there is a real possibility that a
defendant is not guilty


What is double jeopardy? - correct answer ✔✔ The prosecution of a person
twice for the same offense.


What critical elements of proof are needed to be able to prove beyond a
reasonable doubt to convict someone of a crime - correct answer ✔✔ 1.
Jurisdiction- crime happened in court area
2. Identify the Defendant- prove Def. is actually the person who committed the
crime
3. Physical action (Actus Reus)- Defendant committed the necessary actions
that make up the crime
4. Mental intent- Def. had right mindset (intentionally, knowingly, recklessly,
negligently, and strict liability


What are the stages of a criminal case in South Carolina - correct answer ✔✔
crime occurs, arrest, bond hearing, preliminary hearing, Grand Jury,
arraignment where plea is given, pre-trail hearings and plea hearings, Trial.


What are diversionary programs - correct answer ✔✔ A program for the
disposition of a criminal charge without a criminal trial.

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