2023 COLORADO POST STUDY GUIDE VERIFIED
QUESTIONS AND CORRECT ANSWERS.
Formal requirement for a victim to file a complaint: - Correct Answer-Attempt to
resolve the matter at a local level
Sexual assault - Correct Answer-(§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 Answer-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 Answer-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 Answer-Custodial
,Non-Custodial
An emergency protective order expires after _____? - Correct Answer-Three
judicial days
§ 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
Dunaway v. New York said what? - Correct Answer-an officer needs PC for any
arrest
§ 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 many jurors on a felony trial? - Correct Answer-12
How many jurors on a misdemeanor trial? - Correct Answer-6
,How long for a speedy trial? - Correct Answer-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
Answer-First Degree Arson
§ 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
When is an officer in detentions justified in using physical force? - Correct
Answer-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 Answer-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 Answer-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 Answer-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 Answer-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 Answer-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
QUESTIONS AND CORRECT ANSWERS.
Formal requirement for a victim to file a complaint: - Correct Answer-Attempt to
resolve the matter at a local level
Sexual assault - Correct Answer-(§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 Answer-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 Answer-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 Answer-Custodial
,Non-Custodial
An emergency protective order expires after _____? - Correct Answer-Three
judicial days
§ 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
Dunaway v. New York said what? - Correct Answer-an officer needs PC for any
arrest
§ 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 many jurors on a felony trial? - Correct Answer-12
How many jurors on a misdemeanor trial? - Correct Answer-6
,How long for a speedy trial? - Correct Answer-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
Answer-First Degree Arson
§ 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
When is an officer in detentions justified in using physical force? - Correct
Answer-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 Answer-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 Answer-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 Answer-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 Answer-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 Answer-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
