COMPREHENSIVE EXAM PREP, PRACTICE
QUESTIONS, CORRECT ANSWERS AND
STUDY GUIDE
| GRADED A+ | GUARANTEED SUCCESS
Updated 2026 Questions and Answers
100% Verified Exam Prep
,Label each part of the following statute: 16 - Title
16-3-504(2.2)(a)(II)(A) 3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
18-1-402. Presumption of Innocence Every person is presumed innocent until proved guilty
18-1-403. Legal Assistance and Supporting Services 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
18-1-404 Preliminary hearing or waiver-dispositional hearing 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 long for a speedy trial? 180 days from the date of entry of a not guilty plea
18-1-405
How many jurors on a felony trial? 12
How many jurors on a misdemeanor trial? 6
18-1-407 Affirmative Defense 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 established beyond a reasonable doubt as to that issue as well as all other elements of
the guilt of the defendant must be... the offense
Act a bodily movement, and includes words and possession of property
,Conduct an act or omission and its accompanying state of mind or, where relevant, a series of acts
of omissions
Criminal Negligence through a gross deviation from the standard of care that a reasonable person would
exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or
that a circumstance exists
Culpable Mental State Intentionally
Knowingly
Recklessly
Criminal negligence
Intentionally when his conscious objective is to cause the specific result proscribed by the statute
defining the offense
Knowingly when he is aware that his conduct is of such nature or that such circumstance exists
when he is aware that his conduct is practically certain to cause the result
Omission a failure to perform an act as to which a duty of performance is imposed by law
Recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur
or that a circumstance exists
Voluntary Act an act performed consciously as a result of effort or determination, and includes the
possession of property if the actor was aware of his physical possession of property if
the actor was aware of his physical possession or control thereof for a sufficient period to
have been able to terminate it
Criminal Liability the performance by a person of conduct which includes a voluntary act or the omission
to perform an act which he is physically capable of performing
Strict Liability when conduct alone is all that is required for the commission of a particular offense
(ex: DUI)
, Mental Culpability when a culpable mental state on the part of the actor is required with respect to any
material element of an offense
(ex: Murder)
18-1-603 Complicity a person is legally accountable as principal for the behavior of another constituting a
criminal offense if, with the intent to promote or facilitate the commission of the offense,
he or she aids, abets, advises, or encourages the other person in planning or committing
the offense
*basically if they helped out in the crime
18-1-702 Choice of Evils Conduct which would otherwise constitute an offense is justifiable and not criminal when
it is necessary as an emergency measure to avoid an imminent public or private injury
which is about to occur
(Ex: you commit a crime to stop a crime)
(Ex: you shatter a car window to protect a baby in a hot car)
Who are those that are covered under the use of physical 1. Parent, guardian, or other person entrusted with the care and supervision of a minor or
force - special relations 18-1-703? incompetent person, or teacher
2. Detentions staff
3. Common Carrier
4. Preventing someone from suicide
5. Licensed physician or nurse
18-1-704 Use of physical force in defense of a person a person is justified in using physical force upon another person in order to defend
himself or a third person from what he reasonably believes to be the use or imminent use
of unlawful physical force by that other person, and he may use a degree of force which
he reasonably believes to be necessary for that purpose
When can you use deadly physical force in the defense of a If a person believes a lesser degree of force is inadequate and:
person per 18-1-707? -he or another person is in imminent danger of being killed or of receiving great bodily
injury
-the other person is using or reasonable appears about to use physical force against an
occupant of a dwelling or business establishment while committing or attempting to
commit a burglary
-the other person is committing or reasonable appears about to commit kidnapping,
robbery or sexual assault