Colorado POST Study Guide.
What are the two types of arrest? - (correct answer) - Custodial
vc vc vc vc vc vc vc vc vc vc vcvc
Non-custodial
What property crime can you use deadly force to defend against? - (correct answer) -
vc vc vc vc vc vc vc vc vc vc vc vc vc vc
First Degree Arson
vcvc vc vc
Label each part of the following statute:
vc vc vc vc vc vc vc
16-3-504(2.2)(a)(II)(A) - (correct answer) - 16 - Title vc vc vc vc vcvc vc vc
3 - Article
vc vc
504 - Section vc vc
(2.2) - Subsection vc vc
(a) - Paragraphs
vc vc
(II) - Sub-Paragraphs
vc vc
(A) - Sub Sub-Paragraphs
vc vc vc
18-1-402. Presumption of Innocence - (correct answer) -vc vc vc vc vc vc vc
Every person is presumed innocent until proved guilty
vcvc vc vc vc vc vc vc vc
18-1-403. Legal Assistance and Supporting Services - (correct answer) -
vc vc vc vc vc vc vc vc vc
All indigent persons who are charged with or held for the commission of a crime are entitled to legal r
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
epresentation and supporting services at the state's expense vc vc vc vc vc vc vc
18-1-404 Preliminary hearing or waiver-dispositional hearing - (correct answer) -
vc vc vc vc vc vc vc vc vc
Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony has the right to deman
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
d and receive a preliminary hearing within a reasonable time to determine whether PC exists
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Only those persons charged with a class 4, 5, or 6 felony that requires mandatory sentencing, or is charg
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
ed with a crime of violence or sexual offense, shall have the right to demand and receive a preliminary h
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
earing within a reasonable time to determine whether PC exists
vc vc vc vc vc vc vc vc vc
,How long for a speedy trial? - (correct answer) - 180 days from the date of entry of a not guilty plea
vc vc vc vc vc vc vc vc vc vcvc vc vc vc vc vc vc vc vc vc vc vc vc
18-1-405
How many jurors on a felony trial? - (correct answer) - 12
vc vc vc vc vc vc vc vc vc vc vcvc
How many jurors on a misdemeanor trial? - (correct answer) - 6
vc vc vc vc vc vc vc vc vc vc vcvc
18-1-407 Affirmative Defense - (correct answer) -
vc vc vc vc vc vc
means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
raise the issue, shall present some credible evidence on that issue
vc vc vc vc vc vc vc vc vc vc vc
If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be... -
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
(correct answer) -
vc vc vc
established beyond a reasonable doubt as to that issue as well as all other elements of the offense
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Act - (correct answer) - a bodily movement, and includes words and possession of property
vc vc vc vc vcvc vc vc vc vc vc vc vc vc vc
Conduct - (correct answer) - vc vc vc vc
an act or omission and its accompanying state of mind or, where relevant, a series of acts of omissions
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Criminal Negligence - (correct answer) -
vc vc vc vc vc
through a gross deviation from the standard of care that a reasonable person would exercise, he fails t
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
o perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Culpable Mental State - (correct answer) - Intentionally
vc vc vc vc vc vc vcvc
Knowingly
Recklessly
Criminal negligence vc
Intentionally - (correct answer) - vc vc vc vc
when his conscious objective is to cause the specific result proscribed by the statute defining the offen
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
se
Knowingly - (correct answer) - vc vc vc vc
when he is aware that his conduct is of such nature or that such circumstance exists
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
when he is aware that his conduct is practically certain to cause the result
vc vc vc vc vc vc vc vc vc vc vc vc vc
Omission - (correct answer) - vc vc vc vc
a failure to perform an act as to which a duty of performance is imposed by law
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
,Recklessly - (correct answer) - vc vc vc vc
when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circ
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
umstance exists vc
Voluntary Act - (correct answer) - vc vc vc vc vc
an act performed consciously as a result of effort or determination, and includes the possession of pro
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
perty if the actor was aware of his physical possession of property if the actor was aware of his physical
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
possession or control thereof for a sufficient period to have been able to terminate it
vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Criminal Liability - (correct answer) - vc vc vc vc vc
the performance by a person of conduct which includes a voluntary act or the omission to perform an
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
act which he is physically capable of performing
vc vc vc vc vc vc vc
Strict Liability - (correct answer) -
vc vc vc vc vc
when conduct alone is all that is required for the commission of a particular offense
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
(ex: DUI) vc
Mental Culpability - (correct answer) -
vc vc vc vc vc
when a culpable mental state on the part of the actor is required with respect to any material element
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc v
of an offense
c vc vc vc
(ex: Murder) vc
18-1-603 Complicity - (correct answer) - vc vc vc vc vc
a person is legally accountable as principal for the behavior of another constituting a criminal offense if
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, o
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
r encourages the other person in planning or committing the offense
vc vc vc vc vc vc vc vc vc vc vc
*basically if they helped out in the crime vc vc vc vc vc vc vc
18-1-702 Choice of Evils - (correct answer) - vc vc vc vc vc vc vc
Conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessar
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
y as an emergency measure to avoid an imminent public or private injury which is about to occur
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
(Ex: you commit a crime to stop a crime)
vc vc vc vc vc vc vc vc
(Ex: you shatter a car window to protect a baby in a hot car)
vc vc vc vc vc vc vc vc vc vc vc vc vc
, Who are those that are covered under the use of physical force - special relations 18-1-703? -
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
(correct answer) -
vc vc vc
1. Parent, guardian, or other person entrusted with the care and supervision of a minor or incompeten
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
t person, or teacher
vc vc vc
2. Detentions staff
vc vc vc
3. Common Carrier
vc vc
4. Preventing someone from suicide
vc vc vc vc
5. Licensed physician or nurse
vc vc vc vc
18-1-704 Use of physical force in defense of a person - (correct answer) -
vc vc vc vc vc vc vc vc vc vc vc vc vc
a person is justified in using physical force upon another person in order to defend himself or a third p
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
erson from what he reasonably believes to be the use or imminent use of unlawful physical force by tha
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
t other person, and he may use a degree of force which he reasonably believes to be necessary for that
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
purpose
When can you use deadly physical force in the defense of a person per 18-1-707? - (correct answer) -
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
If a person believes a lesser degree of force is inadequate and:
vcvc vc vc vc vc vc vc vc vc vc vc vc vc
-he or another person is in imminent danger of being killed or of receiving great bodily injury
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
-
the other person is using or reasonable appears about to use physical force against an occupant of a dw
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
elling or business establishment while committing or attempting to commit a burglary
vc vc vc vc vc vc vc vc vc vc vc
-
the other person is committing or reasonable appears about to commit kidnapping, robbery or sexual as
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
sault
When is a person NOT justified in using physical force? - (correct answer) - -
vc vc vc vc vc vc vc vc vc vc vc vc vc vcvc
he provokes the use of unlawful physical force by that other person
vc vc vc vc vc vc vc vc vc vc vc vc
-he is the initial aggressor
vc vc vc vc
-the physical force involved is the product of a combat by agreement not specifically authorized by law
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
18-1-704.5 Use of Deadly Physical Force against an intruder (Make My Day Law) - (correct answer) -
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Any occupant of a dwelling is justified in using any degree of physical force, no matter how slight, agai
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
nst another person when that other person has made an unlawful entry into the dwelling, and when th
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
e occupant has a reasonable belief that such other person has committed a crime in that dwelling in ad
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
dition to the uninvited entry, or is committing or intends to commit a crime against a person or propert
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
y vc
What are the two types of arrest? - (correct answer) - Custodial
vc vc vc vc vc vc vc vc vc vc vcvc
Non-custodial
What property crime can you use deadly force to defend against? - (correct answer) -
vc vc vc vc vc vc vc vc vc vc vc vc vc vc
First Degree Arson
vcvc vc vc
Label each part of the following statute:
vc vc vc vc vc vc vc
16-3-504(2.2)(a)(II)(A) - (correct answer) - 16 - Title vc vc vc vc vcvc vc vc
3 - Article
vc vc
504 - Section vc vc
(2.2) - Subsection vc vc
(a) - Paragraphs
vc vc
(II) - Sub-Paragraphs
vc vc
(A) - Sub Sub-Paragraphs
vc vc vc
18-1-402. Presumption of Innocence - (correct answer) -vc vc vc vc vc vc vc
Every person is presumed innocent until proved guilty
vcvc vc vc vc vc vc vc vc
18-1-403. Legal Assistance and Supporting Services - (correct answer) -
vc vc vc vc vc vc vc vc vc
All indigent persons who are charged with or held for the commission of a crime are entitled to legal r
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
epresentation and supporting services at the state's expense vc vc vc vc vc vc vc
18-1-404 Preliminary hearing or waiver-dispositional hearing - (correct answer) -
vc vc vc vc vc vc vc vc vc
Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony has the right to deman
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
d and receive a preliminary hearing within a reasonable time to determine whether PC exists
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Only those persons charged with a class 4, 5, or 6 felony that requires mandatory sentencing, or is charg
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
ed with a crime of violence or sexual offense, shall have the right to demand and receive a preliminary h
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
earing within a reasonable time to determine whether PC exists
vc vc vc vc vc vc vc vc vc
,How long for a speedy trial? - (correct answer) - 180 days from the date of entry of a not guilty plea
vc vc vc vc vc vc vc vc vc vcvc vc vc vc vc vc vc vc vc vc vc vc vc
18-1-405
How many jurors on a felony trial? - (correct answer) - 12
vc vc vc vc vc vc vc vc vc vc vcvc
How many jurors on a misdemeanor trial? - (correct answer) - 6
vc vc vc vc vc vc vc vc vc vc vcvc
18-1-407 Affirmative Defense - (correct answer) -
vc vc vc vc vc vc
means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
raise the issue, shall present some credible evidence on that issue
vc vc vc vc vc vc vc vc vc vc vc
If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be... -
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
(correct answer) -
vc vc vc
established beyond a reasonable doubt as to that issue as well as all other elements of the offense
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Act - (correct answer) - a bodily movement, and includes words and possession of property
vc vc vc vc vcvc vc vc vc vc vc vc vc vc vc
Conduct - (correct answer) - vc vc vc vc
an act or omission and its accompanying state of mind or, where relevant, a series of acts of omissions
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Criminal Negligence - (correct answer) -
vc vc vc vc vc
through a gross deviation from the standard of care that a reasonable person would exercise, he fails t
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
o perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Culpable Mental State - (correct answer) - Intentionally
vc vc vc vc vc vc vcvc
Knowingly
Recklessly
Criminal negligence vc
Intentionally - (correct answer) - vc vc vc vc
when his conscious objective is to cause the specific result proscribed by the statute defining the offen
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
se
Knowingly - (correct answer) - vc vc vc vc
when he is aware that his conduct is of such nature or that such circumstance exists
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
when he is aware that his conduct is practically certain to cause the result
vc vc vc vc vc vc vc vc vc vc vc vc vc
Omission - (correct answer) - vc vc vc vc
a failure to perform an act as to which a duty of performance is imposed by law
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
,Recklessly - (correct answer) - vc vc vc vc
when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circ
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
umstance exists vc
Voluntary Act - (correct answer) - vc vc vc vc vc
an act performed consciously as a result of effort or determination, and includes the possession of pro
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
perty if the actor was aware of his physical possession of property if the actor was aware of his physical
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
possession or control thereof for a sufficient period to have been able to terminate it
vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Criminal Liability - (correct answer) - vc vc vc vc vc
the performance by a person of conduct which includes a voluntary act or the omission to perform an
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
act which he is physically capable of performing
vc vc vc vc vc vc vc
Strict Liability - (correct answer) -
vc vc vc vc vc
when conduct alone is all that is required for the commission of a particular offense
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
(ex: DUI) vc
Mental Culpability - (correct answer) -
vc vc vc vc vc
when a culpable mental state on the part of the actor is required with respect to any material element
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc v
of an offense
c vc vc vc
(ex: Murder) vc
18-1-603 Complicity - (correct answer) - vc vc vc vc vc
a person is legally accountable as principal for the behavior of another constituting a criminal offense if
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, o
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
r encourages the other person in planning or committing the offense
vc vc vc vc vc vc vc vc vc vc vc
*basically if they helped out in the crime vc vc vc vc vc vc vc
18-1-702 Choice of Evils - (correct answer) - vc vc vc vc vc vc vc
Conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessar
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
y as an emergency measure to avoid an imminent public or private injury which is about to occur
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
(Ex: you commit a crime to stop a crime)
vc vc vc vc vc vc vc vc
(Ex: you shatter a car window to protect a baby in a hot car)
vc vc vc vc vc vc vc vc vc vc vc vc vc
, Who are those that are covered under the use of physical force - special relations 18-1-703? -
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
(correct answer) -
vc vc vc
1. Parent, guardian, or other person entrusted with the care and supervision of a minor or incompeten
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
t person, or teacher
vc vc vc
2. Detentions staff
vc vc vc
3. Common Carrier
vc vc
4. Preventing someone from suicide
vc vc vc vc
5. Licensed physician or nurse
vc vc vc vc
18-1-704 Use of physical force in defense of a person - (correct answer) -
vc vc vc vc vc vc vc vc vc vc vc vc vc
a person is justified in using physical force upon another person in order to defend himself or a third p
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
erson from what he reasonably believes to be the use or imminent use of unlawful physical force by tha
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
t other person, and he may use a degree of force which he reasonably believes to be necessary for that
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
purpose
When can you use deadly physical force in the defense of a person per 18-1-707? - (correct answer) -
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
If a person believes a lesser degree of force is inadequate and:
vcvc vc vc vc vc vc vc vc vc vc vc vc vc
-he or another person is in imminent danger of being killed or of receiving great bodily injury
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
-
the other person is using or reasonable appears about to use physical force against an occupant of a dw
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
elling or business establishment while committing or attempting to commit a burglary
vc vc vc vc vc vc vc vc vc vc vc
-
the other person is committing or reasonable appears about to commit kidnapping, robbery or sexual as
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
sault
When is a person NOT justified in using physical force? - (correct answer) - -
vc vc vc vc vc vc vc vc vc vc vc vc vc vcvc
he provokes the use of unlawful physical force by that other person
vc vc vc vc vc vc vc vc vc vc vc vc
-he is the initial aggressor
vc vc vc vc
-the physical force involved is the product of a combat by agreement not specifically authorized by law
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
18-1-704.5 Use of Deadly Physical Force against an intruder (Make My Day Law) - (correct answer) -
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
Any occupant of a dwelling is justified in using any degree of physical force, no matter how slight, agai
vcvc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
nst another person when that other person has made an unlawful entry into the dwelling, and when th
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
e occupant has a reasonable belief that such other person has committed a crime in that dwelling in ad
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
dition to the uninvited entry, or is committing or intends to commit a crime against a person or propert
vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc vc
y vc
