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Sccja pr1

Sccja pr1

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SCCJA Pre-Academy Block 1-Domestic

Violence, Juvenile Procedures,

Victimology, Harassment and Stalking,

Criminal Gang Overview Exam

deadly weapon - Answer- Any pistol, dirk, slingshot, metal knuckles, razor, or other

instrument which can be used to inflict deadly force

great bodily injury - Answer- bodily injury which causes substantial risk of death or

which causes serious, permanent disfigurement or impairment of the function of a bodily

member or organ

moderate bodily injury - Answer- physical injury that involves prolonged loss of

consciousness or that causes temporary or moderate disfigurement or temporary loss of

the function of a bodily member or organ or injury that requires medical treatment when

the treatment requires the use of regional or general anesthesia or injury that results in

a fracture or dislocation; does not include one-time treatment and subsequent

observations of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor

injuries that do not ordinarily require extensive medical care

prior conviction of domestic violence - Answer- conviction of any crime, in any state,

containing among its elements the same elements or similar to those of SC law

Protection order - Answer- Any order of protection, restraining order, condition of bond,

or any other similar order issued in this state or another sate or foreign jurisdiction for

the purpose of protecting a household member

Firearm - Answer- Pistol, revolver, rifle, shotgun, machine gun, submachine gun. or an

assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition

"Household member" means - Answer- Spouse

Former spouse

Persons who have a child in common

A male and female who are cohabitating or have previously cohabitated

Obergefell v. Hodges - Answer- States obligated to recognize same-sex marriage from

other states.

Domestic violence third degree - Answer- -To cause, offer, or attempt physical harm

-with apparent present ability

-directed at a household member

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-creating fear of imminent peril

Domestic violence second degree - Answer- -To cause, offer, or attempt physical harm

-with apparent present ability

-directed at a household member

-creating fear of imminent peril

AND

-Moderate bodily injury results

-the offender violates a protection order

-the offender has a prior conviction for DV in the past 10 years

-In the process of committing DV third:

~the offense is committed in the presence of or perceived by a minor

~the victim is pregnant and the offender knew or should have known

~the DV is committed during the commission of a robbery, burglary, kidnapping, or theft

~the victim's breathing or air flow is impeded

~the offender physically restricts the victim from reporting to or calling emergency

services

Domestic violence first degree - Answer- -To cause, offer, or attempt physical harm

-with apparent present ability

-directed at a household member

-creating fear of imminent peril

AND

-Great bodily injury results

-the offender violates a protection order

-the offender has two prior convictions for DV in the past 10 years

-the offender uses or presents a firearm

-In the process of committing DV second:

~the offense is committed in the presence of or perceived by a minor

~the victim is pregnant and the offender knew or should have known

~the DV is committed during the commission of a robbery, burglary, kidnapping, or theft

~the victim's breathing or air flow is impeded

~the offender physically restricts the victim from reporting to or calling emergency

services

Domestic violence of a high and aggravated nature - Answer- -To offer or attempt

physical harm

-with apparent present ability

-directed at a household member

-creating fear of imminent peril

AND

-the offender manifests extreme indifference to the value of human life and great bodily

injury results or causes the victim to fear great bodily injury or death

-the offender violates a protection order in the process of committing DV first

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Circumstances manifesting extreme indifference to the value of human life - Answer- -

the offender uses a deadly weapon

-the offender knowingly and intentionally impedes the normal breathing or circulation of

blood of a household member by applying pressure to the throat or neck or by

obstructing the nose or mouth of a household member and thereby causing stupor or

loss of consciousness for any period of time

-the offense is committed in the presence of a minor

-the victim is pregnant and the offender knew or should have known

-the DV is committed during the commission of a robbery, burglary, kidnapping, or theft

-the offender physically restricts the victim from reporting to or calling emergency

services

When an officer can arrest for DV - Answer- If the offense is being committed or has

been freshly committed

Primary physical aggressor mandatory determiners - Answer- prior complaints of DV

severity of injuries

likelihood of future injury

whether someone acted in self-defense

household member accounts

Primary physical aggressor recommended determiners - Answer- size and strength

physical ability

ability to seek assistance without self defense

children present

criminal history

access to weapons

prior LE encounters

Mutual Combat - Answer- when the parties to a fight voluntarily engage in violence

self-defense - Answer- use of force that appears reasonably necessary for the self-

protection of an intended victim

what not to say to victim at a dv scene - Answer- they or everyone will get arrested

DSS will take the kids

why do you stay/you need to leave/you're dumb or crazy for staying

I wouldn't put up with that/why do you allow yourself to get hit/I wouldn't let this happen

in my family

what to say to victim at a dv scene - Answer- if you need us to come back just call

please call if offender comes back

I am afraid for your and your children's safety

you do not deserve this and it is not your fault

it will only get worse

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give information about dv resources

When is evidence obtained from a dv scene admissible? - Answer- -found in plain view

-found during a search conducted after a lawful arrest

-if it is evidence of a violation of dv law

Steps to take at a dv scene - Answer- gather information-find out the nature of the call,

number of people on scene, injuries, presence of weapons, call history of location, back

up unit availability; start the process of investigation

arrival at the scene-use cover and concealment, avoid parking in front of incident

location, turn off vehicle lights at night, wait for backup to arrive, activate in car and body

cameras

entering a residence-gain compliance to come in if possible, check on the safety and

welfare of everyone inside, expect danger even if you are invited in

State v. Abdullah - Answer- 4th Amendment does not bar LE from making warrant-less

entries and searrches when they REASONABLY BELIEVE (REASONABLE

ARTICULABLE SUSPICION)that a person within is in need of immediate aid.

LE responsibilities at a DV scene - Answer- separate persons by sight and sound

restore order and gain control

assess if there are any injuries and if medical response is needed

get written statements from everyone on scene

identify everyone on scene

be observant for all things

notified victim of the right to initiate criminal proceedings and to seek an order of

protection

advise parties of importance of preserving evidence

Reasons to separate parties at a dv scene - Answer- prevent contact between victim

and abuser

conduct interviews without the victim being under threat

prevent alteration of statements

restrict access to weapons

indicators of deception - Answer- choice of words

misdirecting questions

denial flags

changes in demeanor, posture, or behavior

stalling or repeating questions

common questions to ask a victim - Answer- identify themselves

what, if anything, happened

when did it happen

where did it happen

what, if anything, was said

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SCCJA Pre-Academy Block 1-Domestic Violence, Juvenile Procedures, Victimology, Harassment and Stalking, Criminal Gang Overview Exam deadly weapon - Answer- Any pistol, dirk, slingshot, metal knuckles, razor, or other instrument which can be used to inflict deadly force great bodily injury - Answer- bodily injury which causes substantial risk of death or which causes serious, permanent disfigurement or impairment of the function of a bodily member or organ moderate bodily injury - Answer- physical injury that involves prolonged loss of consciousness or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia or injury that results in a fracture or dislocation; does not include one-time treatment and subsequent observations of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care prior conviction of domestic violence - Answer- conviction of any crime, in any state, containing among its elements the same elements or similar to those of SC law Protection order - Answer- Any order of protection, restraining order, condition of bond, or any other similar order issued in this state or another sate or foreign jurisdiction for the purpose of protecting a household member Firearm - Answer- Pistol, revolver, rifle, shotgun, machine gun, submac ...
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