2023 COLORADO POST STUDY GUIDE with
questions and well researched solutions
Formal requirement for a victim to file a complaint: - CORRECT ANSWERS-Attempt to resolve the matter
at a local level
Sexual assault - CORRECT ANSWERS-(§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 - CORRECT ANSWERS-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) - CORRECT ANSWERS-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? - CORRECT ANSWERS-Custodial
Non-Custodial
An emergency protective order expires after _____? - CORRECT ANSWERS-Three judicial days
,§ 18-1-402. Presumption of Innocence - CORRECT ANSWERS-Every person is presumed innocent until
proved guilty
§ 18-1-403. Legal Assistance and Supporting Services - CORRECT ANSWERS-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? - CORRECT ANSWERS-an officer needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing - CORRECT ANSWERS-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? - CORRECT ANSWERS-12
How many jurors on a misdemeanor trial? - CORRECT ANSWERS-6
How long for a speedy trial? - CORRECT ANSWERS-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? - CORRECT ANSWERS-First Degree
Arson
,§ 18-1-407 Affirmative Defense - CORRECT ANSWERS-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... -
CORRECT ANSWERS-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? - CORRECT ANSWERS-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 - CORRECT ANSWERS-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) - CORRECT ANSWERS-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 - CORRECT ANSWERS-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 by the other
person to commit theft, criminal mischief, or criminal tampering involving property
§ 18-1-705 Use of physical force in defense of premises - CORRECT ANSWERS-A person is justified in
using reasonable and appropriate physical force upon another person when and to the extent that it is
reasonably necessary to prevent or terminate what he reasonably believes to be the commission or
attempted commission of an unlawful trespass by the other person in or upon the building, realty, or
premises
§ 18-1-704.5 Use of Deadly Physical Force against an intruder
(Make My Day Law) - CORRECT ANSWERS-Any occupant of a dwelling is justified in using any degree of
physical force, no matter how slight, against another person when that other person has made an
unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person
has committed a crime in that dwelling in addition to the uninvited entry, or is committing or intends to
commit a crime against a person or property
The occupant shall be immune from criminal prosecution and civil liability
A short rifle is defined as having a barrel length of less than ________ inches or an overall length of less
than 26 inches - CORRECT ANSWERS-16
A short shotgun is defined as having a overall length of less than - CORRECT ANSWERS-26 inches
§ 18-1-709 Entrapment - CORRECT ANSWERS-You can't convince someone to commit a crime and then
charge them with the crime
What age is insufficient age? - CORRECT ANSWERS-10 years old
Act - CORRECT ANSWERS-A bodily movement, and includes words and possession of property
questions and well researched solutions
Formal requirement for a victim to file a complaint: - CORRECT ANSWERS-Attempt to resolve the matter
at a local level
Sexual assault - CORRECT ANSWERS-(§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 - CORRECT ANSWERS-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) - CORRECT ANSWERS-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? - CORRECT ANSWERS-Custodial
Non-Custodial
An emergency protective order expires after _____? - CORRECT ANSWERS-Three judicial days
,§ 18-1-402. Presumption of Innocence - CORRECT ANSWERS-Every person is presumed innocent until
proved guilty
§ 18-1-403. Legal Assistance and Supporting Services - CORRECT ANSWERS-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? - CORRECT ANSWERS-an officer needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing - CORRECT ANSWERS-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? - CORRECT ANSWERS-12
How many jurors on a misdemeanor trial? - CORRECT ANSWERS-6
How long for a speedy trial? - CORRECT ANSWERS-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? - CORRECT ANSWERS-First Degree
Arson
,§ 18-1-407 Affirmative Defense - CORRECT ANSWERS-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... -
CORRECT ANSWERS-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? - CORRECT ANSWERS-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 - CORRECT ANSWERS-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) - CORRECT ANSWERS-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 - CORRECT ANSWERS-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 by the other
person to commit theft, criminal mischief, or criminal tampering involving property
§ 18-1-705 Use of physical force in defense of premises - CORRECT ANSWERS-A person is justified in
using reasonable and appropriate physical force upon another person when and to the extent that it is
reasonably necessary to prevent or terminate what he reasonably believes to be the commission or
attempted commission of an unlawful trespass by the other person in or upon the building, realty, or
premises
§ 18-1-704.5 Use of Deadly Physical Force against an intruder
(Make My Day Law) - CORRECT ANSWERS-Any occupant of a dwelling is justified in using any degree of
physical force, no matter how slight, against another person when that other person has made an
unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person
has committed a crime in that dwelling in addition to the uninvited entry, or is committing or intends to
commit a crime against a person or property
The occupant shall be immune from criminal prosecution and civil liability
A short rifle is defined as having a barrel length of less than ________ inches or an overall length of less
than 26 inches - CORRECT ANSWERS-16
A short shotgun is defined as having a overall length of less than - CORRECT ANSWERS-26 inches
§ 18-1-709 Entrapment - CORRECT ANSWERS-You can't convince someone to commit a crime and then
charge them with the crime
What age is insufficient age? - CORRECT ANSWERS-10 years old
Act - CORRECT ANSWERS-A bodily movement, and includes words and possession of property
