SCCJA Pre-Academy Block 1-Domestic Violence, Juvenile Procedures, Victimology, Harassment and Stalking, Criminal Gang with complete solution

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SCCJA Pre-Academy Block 1-Domestic Violence, Juvenile Procedures, Victimology, Harassment and Stalking, Criminal Gang with complete solution deadly weapon ✔✔ Any pistol, dirk, slingshot, me... tal knuckles, razor, or other instrument which can be used to inflict deadly force great bodily injury ✔✔ 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 ✔✔ 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 ✔✔ conviction of any crime, in any state, containing among its elements the same elements or similar to those of SC law Protection order ✔✔ 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 ✔✔ 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 ✔✔ Spouse Former spouse Persons who have a child in common A male and female who are cohabitating or have previously cohabitated Obergefell v. Hodges ✔✔ States obligated to recognize same-sex marriage from other states. Domestic violence third degree ✔✔ -To cause, offer, or attempt physical harm -with apparent present ability -directed at a household member -creating fear of imminent peril Domestic violence second degree ✔✔ -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 OR -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 ✔✔ -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 OR -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 ✔✔ -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 Circumstances manifesting extreme indifference to the value of human life ✔✔ -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 ✔✔ If the offense is being committed or has been freshly committed Primary physical aggressor mandatory determiners ✔✔ 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 ✔✔ size and strength physical ability ability to seek assistance without self defense children present criminal history access to weapons prior LE encounters Mutual Combat ✔✔ when the parties to a fight voluntarily engage in violence self-defense ✔✔ 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 ✔✔ 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 ✔✔ 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 give information about dv resources When is evidence obtained from a dv scene admissible? ✔✔ -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 ✔✔ 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 ✔✔ 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 ✔✔ 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 ✔✔ 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 ✔✔ choice of words misdirecting questions denial flags changes in demeanor, posture, or behavior stalling or repeating questions common questions to ask a victim ✔✔ identify themselves what, if anything, happened when did it happen where did it happen what, if anything, was said non-visible injuries what, if anything, was used as a weapon who did it what were they thinking at the time if there is anything else they want to tell you close-ended questions ✔✔ questions a person must answer by choosing from a limited, predetermined set of responses measures and techniques to properly document a dv ✔✔ statements incident reports physical evidence pictures/images post arrest evidence signs and symptoms of strangulation ✔✔ headache vision changes sore neck/sore throat/trouble swallowing raspy/hoarse voice and breathing difficulty bruising behind the ear vomiting petechial hemorrhage loss of bowel control loss of memory social definition of dv ✔✔ a systematic, comprehensive method of controlling an intimate partner or family member through physical, sexual, emotional, psychological, or financial abuse warning signs in a relationship ✔✔ possessiveness and jealousy controlling behavior isolation from friends and family traditional or cultural beliefs family history of violence substance abuse low self-esteem fast moving relationship unbalanced financial arrangement 4 major forms of dv ✔✔ physical emotional/psychological sexual financial/economic cycle of violence theory phases ✔✔ tension building acute battering honeymoon Continuum of violence theory ✔✔ relationship will become more and more violent until someone eventually leaves the relationship or death occurs. indicators dv offender may use lethal force ✔✔ death threats against themselves or a family member access to weapons obsession with partner separation violence consumption of drugs or alcohol cruelty to animals escalation of risky activities separation violence ✔✔ an increase in violence that occurs when a victim tries to leave their batterer common characteristics of dv victims ✔✔ low self-esteem strong belief in family unity and gender roles accepts responsibility for batterer's actions denial severe stress reactions believe no one can help them ashamed or embarrassed to reveal injuries incoherent or hysterical bail batterer out of jail, accompany batterer to court, refuse to testify, or testify for the batterer still loves batterer and emotionally dependent believes batterer is all-powerful and can find them anywhere feel they are the only one who can help the batterer with their problem who is responsible for prosecuting dv ✔✔ the state factors impacting a victim's decision not to leave ✔✔ fear economic dependence isolation lack of alternative housing children cultural and religious restraints lack of job skills love/hope low self esteem special victim populations ✔✔ law enforcement children men elderly handicapped immigrants same sex 40% ✔✔ amount of police families that have experienced dv 2-4 ✔✔ times more likely that police families will experience dv 30-60 ✔✔ percentage that offenders who batter their spouses will also batter their children [Show More]

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