Colorado POST Study Guide |
Practice Questions with Verified
Answers | Graded A+
• Sexual assault . Answer: (§18-3-402) // any actor who knowingly
inflicts intrusion or penetration (F4) if: the actor causes submission of
victim OR the actor knows the victim is incapable of appraising the
nature of the conduct, OR actor knows there is erroneous submission
(believing to be their spouse), OR victim is under 15 and actor is at least
4 years older (M1), OR between 15 and 17 and actor is 10 yrs older, OR
victim is physically helpless (F3) // F2 aggravators: actor is assisted by
someone else, victim suffers SBI, involves use of deadly weapon (or
verbally represents)
• Photographic arrays . Answer: ID procedures are not necessary if the
witness knows the suspect (i.e. more than a short time or mere
acquaintances)
• Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) . Answer: 16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
,(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
• What are the two types of arrest? . Answer: Custodial
Non-Custodial
• An emergency protective order expires after _____? . Answer: Three
judicial days
• § 18-1-402. Presumption of Innocence . Answer: Every person is
presumed innocent until proved guilty
• § 18-1-403. Legal Assistance and Supporting Services . Answer: All
indigent persons who are charged with or held for the commission of a
crime are entitled to legal representation and supporting services at the
state's expense
• Dunaway v. New York said what? . Answer: an officer needs PC for
any arrest
• § 18-1-404 Preliminary hearing or waiver-dispositional hearing .
Answer: Every person accused of a class 1, 2, or 3 felony or level 1 or
level 2 drug felony has the right to demand and receive a preliminary
hearing within a reasonable time to determine whether PC exists
Only those persons charged with a class 4, 5, or 6 felony that requires
mandatory sentencing, or is charged with a crime of violence or sexual
,offense, shall have the right to demand and receive a preliminary hearing
within a reasonable time to determine whether PC exists
• How many jurors on a felony trial? . Answer: 12
• How many jurors on a misdemeanor trial? . Answer: 6
• How long for a speedy trial? . Answer: 180 days from the date of entry
of a not guilty plea
§ 18-1-405
• What property crime can you use deadly force to defend against? .
Answer: First Degree Arson
• § 18-1-407 Affirmative Defense . Answer: Means that unless the state's
evidence raises the issue involving the alleged defense, the defendant, to
raise the issue, shall present some credible evidence on that issue
• If the issue involved in an affirmative defense is raised, then the guilt
of the defendant must be... . Answer: Established beyond a reasonable
doubt as to that issue as well as all other elements of the offense
• When is an officer in detentions justified in using physical force? .
Answer: in all other circumstances when and to the extent that he
, reasonably believes it is necessary to prevent when he reasonably
believes to be the escape of a prisoner from a detention facility
• Detention Facility . Answer: any place maintained for the confinement,
pursuant to law, or persons charged with or convicted of an offense, held
for extradition, or otherwise confined pursuant to an order of a court
• § 18-1-707 Use of physical force in making an arrest or in preventing
an escape.
(Deadly force) . Answer: A peace officer is justified in using deadly
physical force upon another person when he reasonably believes that it is
necessary:
-to defend himself or a third person from what he reasonably believes to
be the use or imminent use of deadly physical force
-to effect an arrest or prevent an escape of a person whom he reasonably
believes
----has committed or attempted to commit a felony involving the use or
threatened use of a deadly weapon
----is attempting escape by the use of a deadly weapon
----otherwise indicates that he is likely to endanger human life or to
inflict SBI unless apprehended without delay
• § 18-1-706 Use of Physical Force in Defense of Property . Answer: A
person is justified in using reasonable and appropriate physical force
upon another person when and to the extent that he reasonably believes
it is necessary to prevent what he reasonably believes to be an attempt
Practice Questions with Verified
Answers | Graded A+
• Sexual assault . Answer: (§18-3-402) // any actor who knowingly
inflicts intrusion or penetration (F4) if: the actor causes submission of
victim OR the actor knows the victim is incapable of appraising the
nature of the conduct, OR actor knows there is erroneous submission
(believing to be their spouse), OR victim is under 15 and actor is at least
4 years older (M1), OR between 15 and 17 and actor is 10 yrs older, OR
victim is physically helpless (F3) // F2 aggravators: actor is assisted by
someone else, victim suffers SBI, involves use of deadly weapon (or
verbally represents)
• Photographic arrays . Answer: ID procedures are not necessary if the
witness knows the suspect (i.e. more than a short time or mere
acquaintances)
• Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) . Answer: 16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
,(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
• What are the two types of arrest? . Answer: Custodial
Non-Custodial
• An emergency protective order expires after _____? . Answer: Three
judicial days
• § 18-1-402. Presumption of Innocence . Answer: Every person is
presumed innocent until proved guilty
• § 18-1-403. Legal Assistance and Supporting Services . Answer: All
indigent persons who are charged with or held for the commission of a
crime are entitled to legal representation and supporting services at the
state's expense
• Dunaway v. New York said what? . Answer: an officer needs PC for
any arrest
• § 18-1-404 Preliminary hearing or waiver-dispositional hearing .
Answer: Every person accused of a class 1, 2, or 3 felony or level 1 or
level 2 drug felony has the right to demand and receive a preliminary
hearing within a reasonable time to determine whether PC exists
Only those persons charged with a class 4, 5, or 6 felony that requires
mandatory sentencing, or is charged with a crime of violence or sexual
,offense, shall have the right to demand and receive a preliminary hearing
within a reasonable time to determine whether PC exists
• How many jurors on a felony trial? . Answer: 12
• How many jurors on a misdemeanor trial? . Answer: 6
• How long for a speedy trial? . Answer: 180 days from the date of entry
of a not guilty plea
§ 18-1-405
• What property crime can you use deadly force to defend against? .
Answer: First Degree Arson
• § 18-1-407 Affirmative Defense . Answer: Means that unless the state's
evidence raises the issue involving the alleged defense, the defendant, to
raise the issue, shall present some credible evidence on that issue
• If the issue involved in an affirmative defense is raised, then the guilt
of the defendant must be... . Answer: Established beyond a reasonable
doubt as to that issue as well as all other elements of the offense
• When is an officer in detentions justified in using physical force? .
Answer: in all other circumstances when and to the extent that he
, reasonably believes it is necessary to prevent when he reasonably
believes to be the escape of a prisoner from a detention facility
• Detention Facility . Answer: any place maintained for the confinement,
pursuant to law, or persons charged with or convicted of an offense, held
for extradition, or otherwise confined pursuant to an order of a court
• § 18-1-707 Use of physical force in making an arrest or in preventing
an escape.
(Deadly force) . Answer: A peace officer is justified in using deadly
physical force upon another person when he reasonably believes that it is
necessary:
-to defend himself or a third person from what he reasonably believes to
be the use or imminent use of deadly physical force
-to effect an arrest or prevent an escape of a person whom he reasonably
believes
----has committed or attempted to commit a felony involving the use or
threatened use of a deadly weapon
----is attempting escape by the use of a deadly weapon
----otherwise indicates that he is likely to endanger human life or to
inflict SBI unless apprehended without delay
• § 18-1-706 Use of Physical Force in Defense of Property . Answer: A
person is justified in using reasonable and appropriate physical force
upon another person when and to the extent that he reasonably believes
it is necessary to prevent what he reasonably believes to be an attempt
