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SC CRJU 314 - Placing Burning Flags and Crosses
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Public Justice:Placing Burning Flags and Crosses – cannot pace a burning flag or cross in a public place or on someone else’s land unless you get permission from the owner.Wearing Masks – in SC a person over the age of 16 cannot appear on a street or on public property wearing a mask that conceals his identity. Put this on the books to deal with the Ku Klux Klan.Exceptions:Traditional holiday costumeOr a mask that is necessary to employment (welder’s mask)Or if you’re going to a theatre or masquerade ballOr if it’s a gas mask and you are in a drill or actual emergencyResisting Unlawful Arrest – (a defense) no right to resist a lawful arrest. Even if you didn’t do the crime, they have probable cause to arrest you. That is a lawful arrest you aren’t allowed to resist. If they don’t have probable cause to arrest you, and they do, you can resist but must use reasonable force. Even to the point of death if necessary.Misprison of a Felony – law enforcement and prosecutors use this to force you to testify. The defendant neglects to stop a felony or neglects to tell la enforcement about a felony they know about.Example – a guy kills someone and you know that he killed someone and he says “if you tell, I’ll kill you too” so you don’t tell. You knew about the felony.Crimes are classified in a bunch of different ways:Crimes of Moral Turpitude – crimes that are base, vial, depraved acts that violate social duties between people.i.e. cheating, dishonesty crimes, cant trust somebody’s word.If convicted of this crime and then you get in trouble again they can ask you about that earlier crime, but to show that they cant trust/believe you. You do the stuff that everyone cant stand. If you have it on your record, some jobs will not have to hire you (some law enforcement agencies will not hire you/ an EMT will not hire you/ cannot get a permit to transfer infectious waste because they don’t trust you will handle it responsibly)Fraudulent checks, possession with the intent to distribute marijuana, peeping Tom, possession of cocaine (mere possession), arson, criminal sexual conduct, forgery, grand or petty larceny.Sex Offender Registry Crimes – some crimes that you commit will require you to register as a sex offender. If you commit one of these crimes and are convicted, have to register with the county sheriff where you live and where you own real estate and where you work and where you go to school. Have to register within 24 hours of getting out of prison and then reregister every 6 months for life and if you move or change whatever you have to register within 3 days. If you don’t they will put you in prison for a period of time.Convicted outside of SC and move here, you have 3 days to register. Also you cannot live in student housing if you are on the sex offender registry.Crimes that require you to get on the DNA data base registry – once you’ve been edited or arrested for a felony, eves dropping, peeping tom, stalking, or before parole or release from confinement or probation you have to provide saliva or DNA tissue for the data base.Felonies – more egregious, more serious. Generally carry 5 years on upMisdemeanors – less serious. Generally carry 3 years on down.Violent – doesn’t necessarily mean something violent actually happened.Murder, criminal sexual conduct, attempted murder, kidnapping, armed robbery, drug trafficking, burglary in the 1st degree and one of the burglaries in the 2nd degree. Interference with a railroad sign that results in death. Promoting the prostitution of a minor.If it’s a violent offense and not in the 85% category, then you will have to do 1/3 of the time before you are eligible for parole.If you don’t get parole when you ask for it, you have to wait 2 more years before you can ask for it again.If you get convicted of your 3rd violent offense, it’s life without parole.Non-violent – if its not listed as a non-violent offense then it’s a violent offense. if you get convicted of a non-violent offense, you have to do ¼ of time before you’re eligible for parole. If it is a non-violent offense, you will max out your sentence at 65% (if you get 10 you have to do max 6). You can ask every year for parole.No Parole Offenses – excluded by statute you cant get parole.ABC Felonies that carry 20 years or more are not paroleableDEF Felonies– are potentially paroleableMost Serious Offenses – if you’re in the most serious category if you get convicted of 2 most serious offenses, you’re sentenced for life without parole and there is no discretion. 2 strikes you’re out.In SC: murder, taking a hostage by inmate, trafficking in persons, kidnapping, arson in the 1st degree, burglary in the 1st degree, armed robbery, car jacking, gathering information for the enemy.Serious Offenses – 3 serious offenses and its life without parole. the prosecutor has the discretion to invoke life without parole. 3 strikes you’re out.Burglary in the 2nd degree, felony DUI that causes a death, PWID Drugs proximity, theft of a person using an automated teller machine (robbing someone at the ATM), acceptance of a bribe by an officer, or insurance fraud.*these categories are important because it determines how much time you will have to do.CRJU 314 1nd Edition Lecture 14Outline of Last Lecture I. Offenses Against Public Justice Outline of Current Lecture II. Placing Burning Flags and CrossesIII. Wearing MasksIV. Resisting Unlawful ArrestV. Misprison of a FelonyVI. Crimes Against Moral TurpitudeVII. Sex Offender Registry CrimesVIII.Crimes that required you to get on the DNA Data BaseIX. FeloniesX. MisdemeanorsXI. ViolentXII. Non-ViolentXIII.No Parole Offenses XIV. Most Serious OffensesXV. Serious OffensesCurrent Lecture  Public Justice: Placing Burning Flags and Crosses – cannot pace a burning flag or cross in a public place or on someone else’s land unless you get permission from the owner.  Wearing Masks – in SC a person over the age of 16 cannot appear on a street or on public property wearing a mask that conceals his identity. Put this on the books to deal with the Ku Klux Klan. These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Exceptions:o Traditional holiday costumeo Or a mask that is necessary to employment (welder’s mask)o Or if you’re going to a theatre or masquerade


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SC CRJU 314 - Placing Burning Flags and Crosses

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