Education > QUESTIONS & ANSWERS > SCCJA Pre-Academy Block 1-Domestic Violence, Juvenile Procedures, Victimology, Harassment and Stalki (All)

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

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deadly weapon - Any pistol, dirk, slingshot, metal knuckles, razor, or other instrument which can be used to inflict deadly force great bodily injury - bodily injury which causes substantial risk o... f 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 [Show More]

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