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SCCJA BLOCK 1 STUDY GUIDE COMPLETE WITH CORRECT ANSWERS
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SCCJA BLOCK 1 STUDY GUIDE COMPLETE WITH CORRECT ANSWERS
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SCCJA BLOCK 1 STUDY GUIDE COMPLETE WITH CORRECT ANSWERS All domestic violence calls have the potential to be a -ANS_ Homicide Deadly weapon -ANS_ Means any pistol, dirk, slingshot, metal knunckles, razor, or other instruments which can be used to inflict deadl y force Great bodily injury -ANS_ Bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment or d the function of a bodily member or organ Moderate bodily injury -ANS_ Physica l 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. Doe sn't include one-time treatment Prior co nviction of domestic violence -ANS_ Includes conviction of any crime, in any state, containing among its elements those enumerated in, or substantially similar to those enumerated in. Within the ten years prior to the incident date of the current offense Protection order -ANS_ Any order of protection, straining order, condition of bond, or any other similar order issued in this state or another state or foreign jurisdiction for the purpose of protecting a household member Firearm -ANS_ Pistol, revolver, r ifle, shotgun, machine gun, au machine gun, or assault rifle which is dishonest to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive but does nothing include an antique firearm as defin ed in 18 USC 921 Household members -ANS_ Spouse, former spouse, person who have a child in common, male and female who are cohabiting or formerly have cohabited Obergefell v. Hodges (2015) -ANS_ Constitution grants rights to same sex married couples as are afforded to heterosexual couples through marriage. Enforcement of DV laws -ANS_ Officers make the decision for arrest since many victim decline prosecution. We do this in order to hold offenders accountable for their actions Domestic violence (it is u nlawful to) -ANS_ Cause physical harm or injury to a persons own household member; or offer or attempt to cause physical harm or injury to a persons own household member with apparent present ability under circumstances reasonably creating fear of imminent peril Person violates subsection (A) first part -ANS_ A person who violates this subsection is guilty about f a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more then two thousand five hundred dollars or imprison ed not more than ninety days or both. Person violates subsection (A) second part -ANS_ Domestic violence in the third degree is a lesser -included offense of domestic violence in the second degree, as defined in subsection (C), domestic violence in the fir st degree, as defined in subsection (B), and domestic violence of a high and aggravated nature. Person violates subsection (A) third part -ANS_ Assault and battery in the third degree pursuant to section 16 -3-600(E) is a lesser included offense of domestic violence in the third degree as defined in this subsection. A person who violates this subsecti on is eligible for pretrial intervention pursuant to chapter 22 title 17 I'm the process of committing DV in the 3rd degree one of the following also results -ANS_ a) the offense is committed in the presence of, or while being perceived by, a minor b) the offense is committed against a person known, or who reasonably should have been known, by the offender to be pregnant c) the offense is committed during the commission of a robbery, burglary, kidnapping, or theft d) the offense is committed by impeding t he victims breathing or air flow The offense is committed using physical force or the threatened use of force against another to block that persons access to any cell phone, telephone or electronic communication device with the purpose of preventing, obst ructing, or interfering with: -ANS_ The report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider Felony offense -general sessions court -ANS_ a) great bodily injury to the persons own household member results or the act is accomplished by means likely to result in great bodily injury to the persons own household member b) the person violates a protec tion order and in the process of violating the order commits domestic violence in the second degree c) has two or more prior convictions of domestic violence within ten years of the current offense d) the person uses a firearm in any manner while violatin g the provisions of subsection (A) DV 1st degree -ANS_ Great bodily injury/likely result violation OOP/RO -commits DV 2nd 2 or more convictions DV/10 years, uses firearm DV 2nd Degree -ANS_ Moderate bodily injury/likely result, Violation of OOP/RO - commit s 3rd, one prior conviction/10 years Person violates section 16 -25-20 and one of the following from section 16 -25-65 -ANS_ Commits the offense under circumstances manifesting extreme indifference to the value of human life & great bodily injury to the vic tim results; commits the offense, with or without an accompanying battery & under circumstances manifesting external indifference to the value of human life, & would reasonably cause a person to fear imminent great bodily injury or death; violates a protec tion order and, in the process to f violating the order, commits domestic violence in the first degree Circumstances manifesting extreme Indifference to the value of human life include, but are not limited to, the following; -ANS_ Using a deadly weapon, k nowingly & intentionally impeding the normal breathing or circulation of the blood of a HH member by applying pressure to the throat or neck or by obstructing the nose or mouth of a HH member & thereby causing stupor or loss of consciousness for any period of time, commuting the offense in the presence of a minor, commuting the offense against a person he knew, or should have known, to be pregnant; commuting the offense during the commission of a robbery, burglary, kidnapping, or theft Circumstances manife sting extreme Indifference to the value of human life include, but are not limited to, the following; -ANS_ Using physical force against another to block that persons access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with (a) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or (b) a request for an ambulance or emergency medical assistance to any law enforcement agency or emerge ncy medical provider 16-25-70 -ANS_ A law enforcement officer may arrest, with or without a warrant, a person at the persons place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committe d a misdemeanor or felony pursuant to the provisions of 16 -25-20, 16 -25-65,16 -25-125 Requirements of 16 -25-70 -ANS_ Law enforcement agency must complete an investigation of an alleged violation of this chapter even if the law enforcement agency was not no tified at the time the alleged violation occurred. The investigation must be documented on an incident report form which must be maintained by the investigating agency. Entering the premises (section 16 -25-70) -ANS_ In effecting an arrest under 16 -25-70, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member Factors law enforcement must consider in determining primary physical aggressor: -ANS_ Prior complaints of domestic or family violence, the relative severity of the injuries inflicted on each person talking into account injuries alleged which may not be ea sily visible at the time of the investigation, the likelihood of future injury to each person, whether one of the persons after in self defense and household member accounts regarding the history of domestic violence Officers, while not mandated to do so, may also want to consider: -ANS_ The relative size and strength of the parties, the relative physical abilities of the parties, the relative ability to seek assistance without having to inflict injury on the other party in self -defense, whether children were in the home that one party felt a need to protect, whether a party had access to a weapon to inflict harm on the other party even if harm was not inflicted with that weapon, prior law enforcement accounts of the parties behaviorsThe benefits of buying summaries with Stuvia:
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