COLORADO POST STUDY GUIDE|| 500
ACTUAL QUESTIONS WITH CORRECT
VERIFIED ANSWERS || GRADED A
1. What are the two types of arrest?: Custodial
Non-custodial
2. What property crime can you use deadly force to defend against?: First
Degree Arson
3. Label each part of the following statute:
16-3-504(2.2)(a)(II)(A): 16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
4. 18-1-402. Presumption of Innocence: Every person is presumed innocent until
proved guilty
5. 18-1-403. Legal Assistance and Supporting Services: 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
6. 18-1-404 Preliminary hearing or waiver-dispositional hearing: 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
7. How long for a speedy trial?: 180 days from the date of entry of a not guilty plea
,18-1-405
8. How many jurors on a felony trial?: 12
9. How many jurors on a misdemeanor trial?: 6
10. 18-1-407 Affirmative Defense: 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
11. If the issue involved in an affirmative defense is raised, then the guilt of the
defendant must be...: established beyond a reasonable doubt as to that issue as
well as all other elements of the offense
12. Act: a bodily movement, and includes words and possession of property
,13. Conduct: an act or omission and its accompanying state of mind or, where
relevant, a series of acts of omissions
14. Criminal Negligence: 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
15. Culpable Mental State: Intentionally
Knowingly
Recklessly
Criminal negligence
16. Intentionally: when his conscious objective is to cause the specific result pro-
scribed by the statute defining the offense
17. Knowingly: 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
18. Omission: a failure to perform an act as to which a duty of performance is
imposed by law
19. Recklessly: when he consciously disregards a substantial and unjustifiable risk
that a result will occur or that a circumstance exists
20. Voluntary Act: an act performed consciously as a result of effort or determina-
tion, 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
21. Criminal Liability: 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
22. Strict Liability: when conduct alone is all that is required for the commission of
a particular offense
(ex: DUI)
23. Mental Culpability: when a culpable mental state on the part of the actor is
required with respect to any material element of an offense
(ex: Murder)
24. 18-1-603 Complicity: a person is legally accountable as principal for the behav-
ior 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
25. 18-1-702 Choice of Evils: Conduct 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
(Ex: you commit a crime to stop a crime)
(Ex: you shatter a car window to protect a baby in a hot car)
26. Who are those that are covered under the use of physical force - special
relations 18-1-703?: 1. Parent, guardian, or other person entrusted with the care
and supervision of a minor or incompetent person, or teacher
2. Detentions staff
3. Common Carrier
4. Preventing someone from suicide
5. Licensed physician or nurse
27. 18-1-704 Use of physical force in defense of a person: a person is justified in
using physical force upon another person in order to defend himself or a third person
from what he reasonably believes to be the use or imminent use of unlawful physical
force by that other person, and he may use a degree of force which he reasonably
believes to be necessary for that purpose
28. When can you use deadly physical force in the defense of a person per
18-1-707?: If a person believes a lesser degree of force is inadequate and:
-he or another person is in imminent danger of being killed or of receiving great
bodily injury
-the other person is using or reasonable appears about to use physical force against
an occupant of a dwelling or business establishment while committing or attempting
to commit a burglary
-the other person is committing or reasonable appears about to commit kidnapping,
robbery or sexual assault
29. When is a person NOT justified in using physical force?: -he provokes the
use of unlawful physical force by that other person
-he is the initial aggressor
-the physical force involved is the product of a combat by agreement not specifically
authorized by law
30. 18-1-704.5 Use of Deadly Physical Force against an intruder (Make My Day
Law): 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
ACTUAL QUESTIONS WITH CORRECT
VERIFIED ANSWERS || GRADED A
1. What are the two types of arrest?: Custodial
Non-custodial
2. What property crime can you use deadly force to defend against?: First
Degree Arson
3. Label each part of the following statute:
16-3-504(2.2)(a)(II)(A): 16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
4. 18-1-402. Presumption of Innocence: Every person is presumed innocent until
proved guilty
5. 18-1-403. Legal Assistance and Supporting Services: 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
6. 18-1-404 Preliminary hearing or waiver-dispositional hearing: 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
7. How long for a speedy trial?: 180 days from the date of entry of a not guilty plea
,18-1-405
8. How many jurors on a felony trial?: 12
9. How many jurors on a misdemeanor trial?: 6
10. 18-1-407 Affirmative Defense: 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
11. If the issue involved in an affirmative defense is raised, then the guilt of the
defendant must be...: established beyond a reasonable doubt as to that issue as
well as all other elements of the offense
12. Act: a bodily movement, and includes words and possession of property
,13. Conduct: an act or omission and its accompanying state of mind or, where
relevant, a series of acts of omissions
14. Criminal Negligence: 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
15. Culpable Mental State: Intentionally
Knowingly
Recklessly
Criminal negligence
16. Intentionally: when his conscious objective is to cause the specific result pro-
scribed by the statute defining the offense
17. Knowingly: 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
18. Omission: a failure to perform an act as to which a duty of performance is
imposed by law
19. Recklessly: when he consciously disregards a substantial and unjustifiable risk
that a result will occur or that a circumstance exists
20. Voluntary Act: an act performed consciously as a result of effort or determina-
tion, 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
21. Criminal Liability: 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
22. Strict Liability: when conduct alone is all that is required for the commission of
a particular offense
(ex: DUI)
23. Mental Culpability: when a culpable mental state on the part of the actor is
required with respect to any material element of an offense
(ex: Murder)
24. 18-1-603 Complicity: a person is legally accountable as principal for the behav-
ior 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
25. 18-1-702 Choice of Evils: Conduct 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
(Ex: you commit a crime to stop a crime)
(Ex: you shatter a car window to protect a baby in a hot car)
26. Who are those that are covered under the use of physical force - special
relations 18-1-703?: 1. Parent, guardian, or other person entrusted with the care
and supervision of a minor or incompetent person, or teacher
2. Detentions staff
3. Common Carrier
4. Preventing someone from suicide
5. Licensed physician or nurse
27. 18-1-704 Use of physical force in defense of a person: a person is justified in
using physical force upon another person in order to defend himself or a third person
from what he reasonably believes to be the use or imminent use of unlawful physical
force by that other person, and he may use a degree of force which he reasonably
believes to be necessary for that purpose
28. When can you use deadly physical force in the defense of a person per
18-1-707?: If a person believes a lesser degree of force is inadequate and:
-he or another person is in imminent danger of being killed or of receiving great
bodily injury
-the other person is using or reasonable appears about to use physical force against
an occupant of a dwelling or business establishment while committing or attempting
to commit a burglary
-the other person is committing or reasonable appears about to commit kidnapping,
robbery or sexual assault
29. When is a person NOT justified in using physical force?: -he provokes the
use of unlawful physical force by that other person
-he is the initial aggressor
-the physical force involved is the product of a combat by agreement not specifically
authorized by law
30. 18-1-704.5 Use of Deadly Physical Force against an intruder (Make My Day
Law): 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
