MPOETC Exam #2 Questions And Answers With Verified Solutions

4 Kinds of Culpability - Intentionally, Knowingly, Recklessly, and Negligently 4th Amendment - Prevents against unreasonable searches/seizures 505 b(2) Use of Deadly Force/Chapter 5 When is a private citizen allowed to use deadly force? - "The use of deadly force is not justifiable under this section UNLESS the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping, or sexual intercourse compelled by force or threat" CANNOT use force is you are the primary aggressor and you have NO right to resist arrest ever even if you believe it to be unlawful 508 Use of Force In Law Enforcement - *this section allows you to do what you do as an officer* Defense+Control, controlling an actor for arrest. Deadly force justified if preventing death or serious bodily injury to himself or such other person. Required to use deadly force-threat of serious bodily injury or death and the person has attempted or committed a forcible felony. (Necessary force used to make arrest) Actor - Includes, where relevant, a person guilty of an omission Ages regarding Rape/Statutory Sexual Assault - Rape of a Child=Less than 13 years of age Statutory Sexual Assault=Under the age of 16 years and that person is: 1). 4 years older but less than 8 years older than the complainant; or 2). 8 years older but less than 11 years older than the complainant. *F1 however if person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant.* (Considered to be a child under 13 years of age, under 16 still minor but not written as an offense of a child)Aggravated Assault - a person that inflicts serious injury upon another person or uses a deadly weapon. *****a 1,2,9= Felony 1 a 3,4,5,6,7,8= Felony 2**** Article 1 section 10 - Provides strict standards for double jeopardy, as well as the method by which criminal proceedings are to be initiated by information Article 1 section 13 - Provides that excessive bail shall not be allowed, nor excessive fines imposed Article 1 section 15 - Eliminates the creation of special tribunals or commissions to try certain types of crimes Article 1 section 17 - Disallows passage of ex past facto laws. (Only applies to penal statutes, and must impose a punishment for an act which was not punishable at the time it was committed, or impose additional punishment to that then prescribed)