Colorado POST Study Guide 100% Accurate

What are the two types of arrest? - ANSWERCustodial Non-custodial What property crime can you use deadly force to defend against? - ANSWERFirst Degree Arson Label each part of the following statute: 16-3-504(2.2)(a)(II)(A) - ANSWER16 - Title 3 - Article 504 - Section (2.2) - Subsection (a) - Paragraphs (II) - Sub-Paragraphs (A) - Sub Sub-Paragraphs 18-1-402. Presumption of Innocence - ANSWEREvery person is presumed innocent until proved guilty 18-1-403. Legal Assistance and Supporting Services - ANSWERAll 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 - ANSWEREvery 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? - ANSWER180 days from the date of entry of a not guilty plea 18-1-405 How many jurors on a felony trial? - ANSWER12 How many jurors on a misdemeanor trial? - ANSWER6 18-1-407 Affirmative Defense - ANSWERmeans 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... - ANSWERestablished beyond a reasonable doubt as to that issue as well as all other elements of the offense Act - ANSWERa bodily movement, and includes words and possession of property Conduct - ANSWERan act or omission and its accompanying state of mind or, where relevant, a series of acts of omissions Criminal Negligence - ANSWERthrough 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 - ANSWERIntentionally Knowingly Recklessly Criminal negligence Intentionally - ANSWERwhen his conscious objective is to cause the specific result proscribed by the statute defining the offense Knowingly - ANSWERwhen 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 - ANSWERa failure to perform an act as to which a duty of performance is imposed by law Recklessly - ANSWERwhen he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists Voluntary Act - ANSWERan 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 - ANSWERthe 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 - ANSWERwhen conduct alone is all that is required for the commission of a particular offense (ex: DUI) Mental Culpability - ANSWERwhen 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 - ANSWERa 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 - ANSWERConduct 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 (