Term
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Definition
| Voluntary relinquishment of all right, title, claim, and possession, with the intention of not reclaiming it |
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Term
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Definition
| One who is not the chief actor in an offense, nor present at its perfomance, but in some way concerned therein, either before or after the act is committed |
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Term
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Definition
| A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation |
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Term
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Definition
| Procedure whereby the accused is brought before the court to plead to the criminal charge in the indictment or information |
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Term
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Definition
| The first 10 Amendments to the U.S. Constitution |
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Term
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Definition
| Administrative step taken after the arrested person is brought to the police station, which involves entry of the person's name, the crime for which the arrest was made, and other relevant facts on the police "blotter", and which may also include photographing, fingerprinting, and the like |
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Term
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Definition
| It is most commonly used to refer to the Supreme Court of the United States, which uses the writ of certiorari as a discretionary device to choose the cases it wishes to hear |
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Term
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Definition
| As distinguished from law created ... legislature ... derived their authority from usage and custom, particularly the ancient and unwritten law of England |
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Term
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Definition
| Property that is unlawful to produce or possess |
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Term
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Definition
Area immediately adjacent to the home ... used in the everyday enjoyment of the home
(U.S. v. Dunn) |
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Term
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Definition
| Force likely or intended to cause death or great bodily harm |
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Term
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Definition
The temporary seizure of a person who behaves suspiciously and appears to be armed
(Stop and Frisk) |
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Term
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Definition
Causing physical harm or injury, or offering to do so, to one's household member
(S.C. Code 16-25-10) |
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Term
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Definition
| Common law and constitutional (Fifth Amendment) prohibition against a second prosecution after a first trial for the same offense |
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Term
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Definition
| The concept of "due process of law" as it is embodied in the Fifth Amendment demands that a law shall not be unreasonable, arbitrary, or capricious and that the means selected shall have a reasonable and substantial relation to the object being sought (basically fair) |
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Term
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Definition
| Those constituent parts of a crime that must be proved by the prosecution to sustain a conviction |
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Term
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Definition
| The rule commands that where evidence has been obtained in violation of the privileges guaranteed by the U.S. Constitution, the evidence must be excluded at trial |
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Term
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Definition
| ...permits police to make warrantless entries to effect an arrest when exigencies (emergency)...make that course imperative |
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Term
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Definition
A crime so designated by the legislature. All other crimes are misdemeanors
(S.C. Code 16-1-90) |
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Term
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Definition
The temporary seizure of a person who behaves suspiciously and appears to be armed
(Stop and Frisk) |
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Term
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Definition
A body of citizens whose duties consist of determining whether probable cause exists
(18 in South Carolina) |
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Term
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Definition
Testimony by a witness in court as to what someone has told him
(The Evidence Handbook, Traffic Institute Northwestern University) |
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Term
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Definition
| A formal written accusation originating with the prosecutor and issued by a grand jury against a party charged with a crime |
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Term
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Definition
| The intentional doing of a wrongful act without just cause or excuse, with an intent to inflict an injury or under circumstances that the law will imply an evil intent |
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Term
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Definition
Prior to any custodial interrogation (that is, questioning initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his freedom in any significant way) the person must be warned:
- That he has the right to remain silent
- That any statement he does make may be used as evidence against him
- That he has the right to the presence of an attorney
- That if he cannot afford an attorney, one will be appointed for him prior to any questioning, if he so desires
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Term
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Definition
All crimes not classified as felonies
(S.C. Code 16-1-20) |
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Term
| Nolle Prosequi (Nol Pros) |
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Definition
| A formal entry upon the record, ...by the prosecutor by which he declares he "will no further prosecute" the case |
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Term
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Definition
A warrantless seizure of evidence may occur where:
- Officer is lawfully present
- Readily recognized, in plain view, contraband or evidence of a crime
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Term
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Definition
| The hearing by a judge to detemine whether a person charged with a crime should be held for trial |
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Term
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Definition
| Reasonable grounds for the belief that a person should be arrestd or searched |
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Term
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Definition
| That body of law created by acts of the legislature in contrast to law generated by judicial opinions (Common Law) |
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Term
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Definition
| The temporary seizure of a person who behaves suspiciously and appears to be armed |
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Term
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Definition
| The temporary seizure of a person who behaves suspiciously and appears to be armed |
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Term
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Definition
| The particular county, or geographical area, in which a court with jurisdiction may hear and determine a case |
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Term
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Definition
| Any force that is likely to cause great bodily harm or death |
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Term
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Definition
| Time it takes an officer to perceive a threat and then react to it physically |
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Term
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Definition
| The safety zone between the officer and the offender that affords the officer more time to react to an aggression |
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Term
| What is Tactical Positioning? |
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Definition
| Method of tactically analyzing an officer's position in relation to the offender |
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Term
| As it relates to CDV, give an example of who a household member might be. |
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Definition
- A spouse
- A former spouse
- Persons who have a child in common
- A male and female who are cohabitating or formerly have cohabitated
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Term
| Briefly explain what a Domestic Violence Shelter is under S.C. Code 16-25-125. |
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Definition
| A facility whose purpose is to serve as a shelter to receive and house persons who are victims of criminal domestic violence and that provides services as a shelter |
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Term
| Define Grounds as according to S.C. Code 16-25-125. |
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Definition
| Real property of the parcel of land upon which a domestic violence shelter or a domestic violence shelter's administrative offices are located, whether fenced or unfenced |
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Term
| Define Abuse as it is described by S.C. Code 20-4-20(a). |
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Definition
| Physical harm, bodily injury, assualt, or the threat of physical harm, or sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member |
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Term
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Definition
| Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention |
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Term
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Definition
| The effect of evidence; the establishment of a fact by evidence |
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Term
| Define Witness (in general). |
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Definition
| In general, one who, being present, personally sees or perceives a thing; a beholder, spectator, or eyewitness. One who testifies to what he has seen, heard, or otherwise observed |
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Term
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Definition
| (In the law of evidence),the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. |
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Term
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Definition
| A rule of law, statutory or judicial, by which finding of basic fact gives rise to existence of presumed fact, until presumption is rebutted |
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Term
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Definition
| (In the law of evidence), a truth or proposition drawn from another which is supposed or admitted to be true. A process of reasoning by which a fact or proposition sought to be established is deduced as a logical consequence from other facts, or a state of facts, already proved or admitted |
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Term
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Definition
| The congnizance (knowledge) of certain facts or laws which judges and jurors may properly take and act upon without proof, becuase they already know them, or the facts may be accurately and readily determined from sources not reasonably questioned |
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Term
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Definition
| Evidence given by a competent witness under oath or affirmation; as distinguished from evidence from writings, and other sources |
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Term
| What are "Leading" quesitons? |
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Definition
| Those that suggest a desired answer |
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Term
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Definition
| Witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise |
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Term
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Definition
| Evidence that directly proves a fact, without resorting to inferences or presumptions |
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Term
| What is Circumstantial Evidence? |
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Definition
| Evidence which tends to establish the fact in dispute by proving another fact |
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Term
| What is "Corpus Delicti" of a crime? |
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Definition
| The body or substance of the crime charged |
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Term
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Definition
| Physical objects such as guns, fingerprints, tire tracks, etc. |
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Term
| What is Testimonial Evidence? |
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Definition
| Sworn statements by witnesses in court |
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Term
| What is Documentary Evidence or Writings? |
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Definition
| Any written certified record, such as a drivers record |
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Term
| What is "Relevant Evidence" |
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Definition
| Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without evidence |
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Term
| What is Unfair prejudice? |
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Definition
| An undue tendency to suggest a decision on an improper basis, commonly, though not necessarily, an emotional one |
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Term
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Definition
| The evidence makes the facts more probable or less probable than without the evidence |
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Term
| What is Material Evidence? |
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Definition
| Evidence that relates to the existence of facts that are of consequence to the determination of the action |
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Term
| What is Competent evidence? |
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Definition
| Evidence that is generally admissible because it is duly qualified, answeres all requirements, has sufficient authority, and possesses the natural or legal qualifications to be admitted in court |
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Term
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Definition
| The value the jury assigns to the particular piece of evidence in reaching its verdict |
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Term
| Define Privilege, as applied in the rules of evidence. |
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Definition
| The right to have certain matters barred from disclosure |
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Term
| What is Hearsay, at it relates to evidence at trial? |
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Definition
| A statement, other than one made be the declarant while testifying at the trial or hearing, offered into evidence to prove the truth of the matter asserted |
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Term
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Definition
| The responsibility which an officer must bear for damages or injuries with the officer has caused another person to suffer |
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Term
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Definition
| A civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages |
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Term
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Definition
| The person who files or initiates the lawsuit |
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Term
| What does it mean if an officer is said to be negligent? |
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Definition
| The officer failed to do what a reasonable officer would be expected to do under the circumstances |
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Term
| In the context of Malicious prosecution, what does Malice mean? |
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Definition
| The intentional doing of a wrongful act without just cause or excuse |
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Term
| What does Parens Patriae mean? |
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Definition
| The empowerment of the state to act on behalf of the child, provide care and/or protection, or the equivalent to that of the parent |
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Term
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Definition
| Person who legally has the care and management of a child |
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Term
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Definition
| Biological parent, adoptive parent, step-parent, or person with legal custody |
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Term
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Definition
| An offense which would not be a misdemeanor or felony if committed by an adult |
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