MPOETC Exam #2 Questions Answered 100% correct

MPOETC Exam #2 Questions Answered 100% correct Grading The grading of the offense dictates whether a physical arrest can be made on scene, the actor is released and summoned, or an arrest warrant must be filed for prior to arrest Actor Includes, where relevant, a person guilty of an omission Elements of an offense such conduct or such attendant circumstances or such a result of conduct as: 1-is included in the description of the forbidden conduct in the definition of the offense. 2-establishes the required kind of culpability 3-negatives an excuse or justification for such conduct 4-negatives a defense under the statute of limitation, or 5-Establishes jurisdiction or venue 4 Kinds of Culpability Intentionally, Knowingly, Recklessly, and Negligently Tolling a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations on view arrest Any felony, or any misdemeanors in view of officer, based on grading or exception to laws of arrest when authorized by law Class+Grading The CLASS+GRADING of the offense determines the required route of prosecution. **Class of Offense and Grading of Offense are very important*** Summary Offense Not classified as a crime, but as an offense. Imprisoned no more than 90 days, no more than $300 fine. General Rule A person is not guilty of an offense unless his liability is based on CONDUCT which includes a VOLUNTARY ACT or the OMISSION to perform an act of which he is physically capable. General Requirements of Culpability An actor will only be guilty of a crime, if, as specifically required by that law, he commits an act: 1-Intentionally 2-Knowingly 3-Recklessly 4-Negligently M'Naghten's Rule rule that determines whether a suspect's plea for criminally insane is accepted or not. A test for criminal insanity. Deadly Force Capable of causing death/serious bodily injury 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) Inchoate Crimes crimes that are committed before or in preparation for committing another crime Offenses: Felony 1= 20 years $25,000 Fine Felony 2= 10 years $25,000 Fine Felony 3= 7 years $15,000 Fine Misdemeanor 1= 5 years $10,000 Fine Misdemeanor 2= 2 years $5,000 Fine Misdemeanor 3= 1 year $2,500 Fine Summary Offense= 90 days $300 Fine Murder 1= Death or Life Imprisonment $50,000 Fine Murder 2= Life Imprisonment $50,000 Fine Murder 3= 40 years $50,000 Fine 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**** Exam **A person may violate both criminal and civil law** Juvenile Court System Rehabilitation rather than Punish Municipal Police Jurisdiction Act (MPJA) "Primary Jurisdiction"-the geographical limits of the municipality or combination of municipalities that Employ the officer. Enforce laws of the commonwealth in respect to offenses observed and that the officer has probable cause to believe the crime was committed within the officers jurisdiction. Can go out of jurisdiction if in fresh pursuit Mutual Aid Agreement Officer asked to assist by another local, state, or federal law enforcement agency Pennsylvania Police Officers Primarily Enforce the state statutes (state law) MPOETC Certification Any individual failing to maintain their MPOETC certification shall cease to be empowered or authorized to function as a municipal Police Officer Title 18 Main title for consolidated statutes (Crimes Code) To charge a crime... All elements of the offense must be presented. Must prove ALL elements If not all elements you either have no crime or a lesser crime 4th Amendment Prevents against unreasonable searches/seizures Title 42 Chapter 55 pg 1855 in book Limitation of Time. Statute of Limitation pertaining to the amount of time to file charges. (Felony=5yrs, Misdemeanor=2yrs, Summary=30days) Statutes of Limitation Felony=5 years Misdemeanor=2 years Summary Offense=30 days No statue of limitation crimes Homicide/Murder, Rape, Voluntary Manslaughter, Assault on Law Enforcement Officer, different types of Sexual Assault How many people for a criminal conspiracy? 2 or more people Which case established use of deadly force? Tennessee v. Garner (Suspect ran, officers shot suspect while fleeing once in the back and once in the head) Which case established reasonable officer standard? Graham v. Connor Based on the same facts+circumstances, what would another officer most likely do in that same scenario. Instrument of a crime Instrument of a crime can be anything specially made or specially adapted for criminal use. Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have. How the tool was employed criminally. (Ex: Crowbar legal to have but if used to break into a house it becomes an Instrument of a crime) Defenses for Culpability Duress, Insanity or Guilty but Mentally Ill, Involuntary Intoxication ON THE CONTRARY: Ignorance of the law is never a defense, voluntary intoxication/voluntary drugged not a defense. Theft Offenses+Amount of Money Property stolen is a firearm=F2 Amount stolen is $100,000 or more but less than $500,000=F2 F3=Amount exceeds $2000 or property stolen is automobile or some type of vehicle F1=$500,000 or more M1=More than $200 but less than $2000 M2=$50-200 M3=Less than $50 Institution means: Department of corrections, County correctional authority, youth development center, youth forestry camp, State or country juvenile detention facilities, other licensed residential facility serving children and youth, or mental facility, child care/child placements, and elementary/middle/high schools Which offenses mandate arrest? Meghans law violations and domestic violence Title 42 Chapter 97 subsection I relates to continued registration of sex offenders In order for it to be a riot: It must be you and two other people. You+2=Riot (to be a riot you must be displaying disorderly conduct) Service Guide or Support Dog A dog that is trained to work or perform tasks to benefit of an individual with a disability consistent with federal and state law related to service animals. People who have these animals are not required to have markings/paper and do not have to tell you their disability. Only 2 animals allowed are dogs and miniature ponys Ex: Sight/hearing dogs. US Constitution There are 7 articles in US constitution. PA constitution Gives more protection of People's rights compared to US constitution. The PA constitution has been interpreted as more protective of individual rights than the US constitution. This is largely because of case law interpreting it as being more protective. Bill of RIghts Consists of 10 amendments Article 1 Section 6 Provides that the right to trial by jury applies both to the commonwealth and the accused. Article 1 Section 8 has been held to provide increased protection of the right to privacy in PA searches and seizures (ex: remedy for violation of knock and announce rule is exclusion) Article 1 Section 9 Provides strict standards for the rights of the accused in a criminal trial. It also provides for a speedy trial that has resulted in the 180 day rule. Sec. 9 also allows the accused to be impeached with his own suppressed voluntary statement. 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) Article 1 Section 21 Provides the right to bear arms Serious Bodily Injury Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Bodily Injury Impairment of physical condition or substantial pain Deadly Weapon Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury. 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) Criminal Attempt A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a SUBSTANTIAL STEP toward the commission of that crime Theft vs Robbery Robbery is theft by force (and it is still robbery even if you don't get anything.) Example of Theft of Services Leaving before paying for a haircut would constitute theft of services. Retail Theft Change price on items, walks out with merchandise, remove security tag, remove merchandise from container, under-ringing. Basically any intent to deprive merchant of cost of item or the item itself.Do not have to leave store. In order to charge grading of retail theft, it depends on the AMOUNT STOLEN+PRIOR CONVICTIONS for retail theft. 1st Offense which is less than $150 is a Summary Offense 2nd Offense of less than $150 is a Misdemeanor 2 What's the disposition we need for prior arrests and convictions? You need: The name of the Judge, the date of the case, and the case number to PROVE PRIOR CONVICTIONS