COLORADO POST STUDY GUID 6 UPDATED ACTUAL EXAM QUESTIONS CORRECT ANSWERS
GRADED A PLUS
Question:
Sexual assault.
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)
Question:
Photographic arrays.
Answer:
ID procedures are not necessary if the witness knows the suspect (i.e. more than a short time or mere
acquaintances)
Question:
Label each part of the following statute: 16-3-504(2.2)(a)(II)(A).
Answer:
16 - Title 3 - Article 504 - Section (2.2) - Subsection (a) - Paragraphs (II) - Sub-Paragraphs (A) -
Sub Sub-Paragraphs
Question:
What are the two types of arrest?
Answer:
,Custodial Non-Custodial
Question:
An emergency protective order expires after _____?
Answer:
Three judicial days
Question:
§ 18-1-402. Presumption of Innocence.
Answer:
Every person is presumed innocent until proved guilty
Question:
§ 18-1-403. Legal Assistance and Supporting Services.
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
Question:
Dunaway v. New York said what?
Answer:
an officer needs PC for any arrest
Question:
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing.
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
Question:
How many jurors on a felony trial?
Answer:
12
Question:
How many jurors on a misdemeanor trial?
Answer:
6
Question:
How long for a speedy trial?
Answer:
180 days from the date of entry of a not guilty plea § 18-1-405
Question:
What property crime can you use deadly force to defend against?
Answer:
First Degree Arson
Question:
§ 18-1-407 Affirmative Defense.
, 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
Question:
If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be.
Answer:
Established beyond a reasonable doubt as to that issue as well as all other elements of the offense
Question:
When is an officer in detentions justified in using physical force?
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
Question:
Detention Facility.
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
Question:
§ 18-1-707 Use of physical force in making an arrest or in preventing an escape. (Deadly force).
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
GRADED A PLUS
Question:
Sexual assault.
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)
Question:
Photographic arrays.
Answer:
ID procedures are not necessary if the witness knows the suspect (i.e. more than a short time or mere
acquaintances)
Question:
Label each part of the following statute: 16-3-504(2.2)(a)(II)(A).
Answer:
16 - Title 3 - Article 504 - Section (2.2) - Subsection (a) - Paragraphs (II) - Sub-Paragraphs (A) -
Sub Sub-Paragraphs
Question:
What are the two types of arrest?
Answer:
,Custodial Non-Custodial
Question:
An emergency protective order expires after _____?
Answer:
Three judicial days
Question:
§ 18-1-402. Presumption of Innocence.
Answer:
Every person is presumed innocent until proved guilty
Question:
§ 18-1-403. Legal Assistance and Supporting Services.
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
Question:
Dunaway v. New York said what?
Answer:
an officer needs PC for any arrest
Question:
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing.
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
Question:
How many jurors on a felony trial?
Answer:
12
Question:
How many jurors on a misdemeanor trial?
Answer:
6
Question:
How long for a speedy trial?
Answer:
180 days from the date of entry of a not guilty plea § 18-1-405
Question:
What property crime can you use deadly force to defend against?
Answer:
First Degree Arson
Question:
§ 18-1-407 Affirmative Defense.
, 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
Question:
If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be.
Answer:
Established beyond a reasonable doubt as to that issue as well as all other elements of the offense
Question:
When is an officer in detentions justified in using physical force?
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
Question:
Detention Facility.
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
Question:
§ 18-1-707 Use of physical force in making an arrest or in preventing an escape. (Deadly force).
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
