Term
| What are the two types of law that make up the origin of Criminal Law? |
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Definition
| Statutory Law, and Common Law |
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Term
| What are the six classes of felonies, according to South Carolina law? |
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Definition
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Term
| What are the three classes of misdemeanors, according to South Carolina law? |
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Definition
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Term
| Starting with Class A felonies, what is the maximum time, in years, of imprisonment associated with each class? |
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Definition
| Class A - 30 years, Class B - 25 years, Class C - 20 years, Class D - 15 years, Class E - 10 years, Class F - 5 years |
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Term
| Starting with Class A misdemeanors, what is the maximum time, in years, of imprisonment associated with each class? |
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Definition
| Class A - 3 years, Class B - 2 years, Class C - 1 year |
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Term
| What are the four main parties to a criminal action? |
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Definition
| The State, the defendant, the principal, and the accessory |
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Term
| The responsibilty, or burden, of proving a defendant guilty of a crime always belongs to who? |
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Definition
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Term
| Municipal Courts have the same criminal powers as what? |
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Definition
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Term
| Juvenile criminal/delinquency cases are heard by who? |
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Definition
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Term
| What are the two divisions of the Circuit Court? |
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Definition
| Court of General Sessions, and the Court of Common Pleas |
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Term
| S.C. Court of Appeals can hear all criminal appeals except what? |
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Definition
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Term
| What are the two ways South Carolina Supreme Court hears cases? |
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Definition
| Direct Appeal, and Writ of Certiorari |
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Term
| What is the first step in the criminal procedure? |
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Definition
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Term
| What is the second step in the criminal procedure? |
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Definition
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Term
| What is the third step in the criminal procedure? |
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Definition
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Term
| What is the fourth step in the criminal procedure? |
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Definition
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Term
| What is the fifth step in the criminal procedure? |
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Definition
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Term
| Of the 18 jurors that make up the Grand Jury, how many must agree before there is a "true bill"? |
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Definition
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Term
| How many jurors are needed for a Bench Trial? |
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Definition
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Term
| How many jurors are needed for Circuit Court? |
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Definition
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Term
| Magistrate and Municipal courts require how many jurors? |
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Definition
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Term
| The acronym, PTI, stands for what? |
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Definition
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Term
| PTI applies to what type of crimes? |
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Definition
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Term
| What is the difference between statory law and common law? |
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Definition
- Statutory law is law enacted by the legislature
- Common law is the law as developed in England from customs, usage, and court decisions
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Term
| Name the 6 categories of felonies and the maximum imprisonment associate with each. |
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Definition
Felonies in South Carolina
- Class A - 30 years
- Class B - 25 years
- Class C - 20 years
- Class D - 15 years
- Class E - 10 years
- Class F - 5 years
(S.C. Code 16-1-20) |
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Term
| Name the 3 categories of misdemeanors and the maximum imprisionment associated with each. |
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Definition
Misdemeanors in South Carolina
- Class A - 3 years
- Class B - 2 years
- Class C - 1 year
(S.C. Code 16-1-20) |
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Term
| Name the 4 main parties to a criminal action and give a brief description. |
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Definition
- The State - prosecuting party
- The Defendant - person against whom the criminal action is brought
- Principal - chief actor in a crime
- Accessory - person involved in, to a certain degree, the committing of the crime
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Term
| Who bears the burden of proving the defendant guilty? |
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Definition
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Term
| Name the 7 different criminal courts in South Carolina. |
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Definition
- Summary Courts
- Magistrate Courts
- City or Municipal Courts
- Family Courts
- Circuit Court: General Sessions and Common Pleas
- South Carolina Court of Appeals
- South Carolina Supreme Court
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Term
| Name the two ways in which the South Carolina Supreme Court hears appeals and give a brief description. |
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Definition
- Direct Appeal - 5 categories (4 civil, 1 criminal), cases involving death penalty, public utility, public bonds, elections, and constitutional questions
- Writ of Certiorari - all other cases may be heared only if the Court agrees and will grant a Writ of Certiorari
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Term
| Name (in order) the 5 basic steps in a criminal procedure. |
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Definition
- Crime occurs
- Arrest/Bond hearing
- Preliminary hearing
- Grand Jury
- Arraignment
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Term
| Name the 5 different pleas a defendant may enter at arraignment. |
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Definition
- Guilty
- Nolo Contendere
- Not Guilty
- No Plea
- Double Jeopardy
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Term
Name the number of jurors required for each of the following courts.
- Circuit Court
- Magistrate and Municipal Courts
- Grand Jury
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Definition
- Circuit Court - 12 jurors
- Magistrate and Municipal Courts - 6 jurors
- Grand Jury - 18 jurors
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Term
- What does PTI stand for?
- Name at least 2 situtations that do not allow for participation in PTI.
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Definition
- PreTrial Intervention program
- Reasons for ineligibility: Previouly accepted into PTI, charged with DUI, charged with traffic offense punishable only by a fine or loss of points, charged with any crime of violence
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Term
| How many jurors must agree on a Grand Jury before there can be a "True Bill"? |
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Definition
| 12 jurors must agree for a "True Bill", if fewer than 12 jurors agree then there is a "No Bill" |
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Term
| How many jurors are required for a Bench Trial? |
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Definition
| 0. A bench trial is overseen by the judge, there is no jury. |
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Term
| A person charged with a bailable offense must have a bond hearing withing how many hours of his/her arrest? |
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Definition
| 24 hours and must be released within a reasonable amount of time |
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Term
| True or False: All felonies fall into the felony classification system as set forth by S.C. Code 16-1-20. |
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Definition
| False. There are approximately 40 felonies that are exempt from the classification system. These include crimes such as Murder, Homicide by Child Abuse, Burglary, First Degree, and numerouse offenses involving trafficking in illegal drugs, among other crimes |
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Term
| Misdemeanors that are exempt from the classification system carry a term of imprisonment of how long? |
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Definition
| Less than 1 year or greater than 3 years |
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