Colorado POST Study Guide Questions with 100% Correct Answers

What are the two types of arrest? Correct Answer Custodial Non-custodial What property crime can you use deadly force to defend against? Correct Answer First Degree Arson Label each part of the following statute: 16-3-504(2.2)(a)(II)(A) Correct Answer 16 - Title 3 - Article 504 - Section (2.2) - Subsection (a) - Paragraphs (II) - Sub-Paragraphs (A) - Sub Sub-Paragraphs 18-1-402. Presumption of Innocence Correct Answer Every person is presumed innocent until proved guilty 18-1-403. Legal Assistance and Supporting Services Correct 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 18-1-404 Preliminary hearing or waiver-dispositional hearing Correct 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 long for a speedy trial? Correct Answer 180 days from the date of entry of a not guilty plea 18-1-405 How many jurors on a felony trial? Correct Answer 12 How many jurors on a misdemeanor trial? Correct Answer 6 18-1-407 Affirmative Defense Correct 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... Correct Answer established beyond a reasonable doubt as to that issue as well as all other elements of the offense Act Correct Answer a bodily movement, and includes words and possession of property Conduct Correct Answer an act or omission and its accompanying state of mind or, where relevant, a series of acts of omissions Criminal Negligence Correct Answer 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 Correct Answer Intentionally Knowingly Recklessly Criminal negligence Intentionally Correct Answer when his conscious objective is to cause the specific result proscribed by the statute defining the offense Knowingly Correct Answer 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 Correct Answer a failure to perform an act as to which a duty of performance is imposed by law Recklessly Correct Answer when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists Voluntary Act Correct Answer 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 Correct Answer 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