COLORADO POST QUESTIONS AND VERIFIED
ANSWERS
Components of the criminal justice system - Answers - law enforcement, courts/ judicial,
corrections
Major goals of the criminal justice system - Answers - Guarantee due process and equal
rights
Burden of Proof (Criminal) - Answers - beyond a reasonable doubt
Burden of proof (Civil) - Answers - preponderance of the evidence
Role of a DA - Answers - Represent victim and community- Pushes cases and charges
Purpose of a preliminary hearing - Answers - to determine the existence of probable
cause
6th Amendment rights - Answers - Right to..
Speedy Trial
impartial jury
to be advised of charges
confront witnesses
USC Section 1983 - Answers - Federal lawsuit brought against an LEO while acting
under color of authority - Civil case that allows damages to be paid out
Miranda triggers and two important rights - Answers - When someone is in custody AND
being interrogated
Remain silent and an attorney present
When can a statement be suppressed in court - Answers - When a suspect is
questioned and in custody without being mirandized
Leader - Answers - sets a vision and guides team
Manager - Answers - Day-today- day organization and executing tasks
CRS 16-03-103 (PG 298/ 299 in Blue book) - Answers - LEO are allowed to stop
anyone for reasonable suspicion, can ask for ID, and conduct a pat down (frisk) if safety
issues are a concern
,Priorities of a Preliminary Investigation - Answers - To gather evidence and secure the
scene
Identify witnesses/ victims
Determine PC to launch a full investigation
What is "Wellness" - Answers - The determination and active pursuit of a healthy life
style
Duties of a Postal Inspector - Answers - To handle mail fraud
What is Culpable mental status 18-01-501 - Answers - "Mens Rea" (guilty mind)- A
suspect's state of mind during their act of committing a crime
-Intentionally, or with intent, or knowingly, or willfully, or recklessly, or with criminal
negligence
Def. of Intentionally or with intent - Answers - conscious objective is to cause the
specific result prescribed by the statue defining the offense
Def. of Knowingly or willingly - Answers - General intent crimes
aware that his conduct is of such nature or that such circumstances exist (when a result
of his conduct is practically certain to cause the result)
Def. of Recklessly - Answers - Consciously disregards a substantial and unjustifiable
risk that a result will occur or that a circumstance exists.
Def. of a Voluntary Act - Answers - Result of effort or determination, and includes the
possession of property if the actor was aware of his physical possession or control
thereof a sufficient period to have been able to terminate it
Def. Criminal Negligence - Answers - 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
4th Amdendement - Answers - Prohibits unlawful search and seizure without Probable
Cause
Case Laws
- Terry V Ohio
- Stone v People
5th Amendment - Answers - Right to remain silent without self-incrimination
Right to not have double jeopardy
Right to Due process
Right to a Grand Jury
Case Law
- Miranda V Arizona
,14th Amendment - Answers - Right to Due Process and equal protection of the laws
Bill of Rights - Answers - First 10 amendments to the Constitution
6th Amendment - Answers - Rights to..
A speedy trial
Confronting a witness
Assistance of Counsel
Informed of charges
Venue
Compulsory Process (Subpoena a Witness)
8th Amendment - Answers - No excessive bail, no cruel and unusual punishment
Equal Protection Clause - Answers - A part of the 14th Amendment (1868) states no
state has the right to deny equal protection
1st Amendement - Answers - Freedom to..
Speech
Peacefully Assemble
Religion
Press
and Petition
all within reasonable limits
CRS 16-2.5-101 (PG 287 in Blue book) - Answers - Definition of a LEO-
Authority to enforce laws within scope, carry a firearm
Duties of an Elected Sheriff - Answers - Uphold state and criminal laws and maintain
peace
Jail operations
Court security
Fire warden
Search and Seizure
Permits
Concealed hand permits
Federal Court System and Jurisdiction - Answers - Can only hear cases from Federal
and constitutional statutes
- District Court - General Trial Courts / Handle criminal and civil trials
- US court of appeals- Handles appeals
- US Supreme court- Highest court / Discretionary court
Writ of Certiorari - Answers - A formal writ used to bring a case before the Supreme
Court.
, State court system and jurisdiction - Answers - To represent the state courts
- Small claims court/ Muni ( less than $10,000)
- State trial courts/ county court- civil litigation, trials, family court, etc
- State court of appeals- must hear appeals from state trial cases
- Colorado Supreme court- Reviews appeals after State court of Appeals before going
to US Supreme court if it is a Federal case
Initial court process and stages - Answers - Arrested, Arraignment, Preliminary hearing,
trail, sentenced, appeal
Def. of Willful and wanton conduct of an officer - Answers - Doing an act that could lead
to harm while knowing the risk of harm is there
CRS 18-9-121- Bias motivated crimes - Answers - - with the intent to intimidate or
harass another person, in whole or in part, because of that person's actual or perceived
race, color, religion, ancestry, national origin, physical or mental disability, or sexual
orientation, he or she
- knowingly causes bodily injury to another person
Chimel v. California - Answers - An officer may search the person and the "area within
the immediate control" to prevent evidence destruction
- Home: room where arrest was made, not in adjoining rooms CAN search home if there
is R/S another person is in the home that poses a threat
- Vehicle: Passenger compartment only CAN search luggage and cargo but no locked
containers
- Person: Full search of arrestee
Consent Searches - Answers - Suspect gives voluntary consent for a search
Four Types of Evidence - Answers - real, documentary, testimonial, demonstrative
Purposes of Punishment - Answers - retribution, deterrence, rehabilitation,
incapacitation
Exceptions to a Search Warrant - Answers - Existent circumstances, plain view, cars,
Consent, Stop and frisk, search incident to arrest, protective sweep, inventory search
exclusionary rule - Answers - improperly gathered evidence may not be introduced in a
criminal trial
- AKA evidence that could have been found while violating the 4th amendment
ANSWERS
Components of the criminal justice system - Answers - law enforcement, courts/ judicial,
corrections
Major goals of the criminal justice system - Answers - Guarantee due process and equal
rights
Burden of Proof (Criminal) - Answers - beyond a reasonable doubt
Burden of proof (Civil) - Answers - preponderance of the evidence
Role of a DA - Answers - Represent victim and community- Pushes cases and charges
Purpose of a preliminary hearing - Answers - to determine the existence of probable
cause
6th Amendment rights - Answers - Right to..
Speedy Trial
impartial jury
to be advised of charges
confront witnesses
USC Section 1983 - Answers - Federal lawsuit brought against an LEO while acting
under color of authority - Civil case that allows damages to be paid out
Miranda triggers and two important rights - Answers - When someone is in custody AND
being interrogated
Remain silent and an attorney present
When can a statement be suppressed in court - Answers - When a suspect is
questioned and in custody without being mirandized
Leader - Answers - sets a vision and guides team
Manager - Answers - Day-today- day organization and executing tasks
CRS 16-03-103 (PG 298/ 299 in Blue book) - Answers - LEO are allowed to stop
anyone for reasonable suspicion, can ask for ID, and conduct a pat down (frisk) if safety
issues are a concern
,Priorities of a Preliminary Investigation - Answers - To gather evidence and secure the
scene
Identify witnesses/ victims
Determine PC to launch a full investigation
What is "Wellness" - Answers - The determination and active pursuit of a healthy life
style
Duties of a Postal Inspector - Answers - To handle mail fraud
What is Culpable mental status 18-01-501 - Answers - "Mens Rea" (guilty mind)- A
suspect's state of mind during their act of committing a crime
-Intentionally, or with intent, or knowingly, or willfully, or recklessly, or with criminal
negligence
Def. of Intentionally or with intent - Answers - conscious objective is to cause the
specific result prescribed by the statue defining the offense
Def. of Knowingly or willingly - Answers - General intent crimes
aware that his conduct is of such nature or that such circumstances exist (when a result
of his conduct is practically certain to cause the result)
Def. of Recklessly - Answers - Consciously disregards a substantial and unjustifiable
risk that a result will occur or that a circumstance exists.
Def. of a Voluntary Act - Answers - Result of effort or determination, and includes the
possession of property if the actor was aware of his physical possession or control
thereof a sufficient period to have been able to terminate it
Def. Criminal Negligence - Answers - 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
4th Amdendement - Answers - Prohibits unlawful search and seizure without Probable
Cause
Case Laws
- Terry V Ohio
- Stone v People
5th Amendment - Answers - Right to remain silent without self-incrimination
Right to not have double jeopardy
Right to Due process
Right to a Grand Jury
Case Law
- Miranda V Arizona
,14th Amendment - Answers - Right to Due Process and equal protection of the laws
Bill of Rights - Answers - First 10 amendments to the Constitution
6th Amendment - Answers - Rights to..
A speedy trial
Confronting a witness
Assistance of Counsel
Informed of charges
Venue
Compulsory Process (Subpoena a Witness)
8th Amendment - Answers - No excessive bail, no cruel and unusual punishment
Equal Protection Clause - Answers - A part of the 14th Amendment (1868) states no
state has the right to deny equal protection
1st Amendement - Answers - Freedom to..
Speech
Peacefully Assemble
Religion
Press
and Petition
all within reasonable limits
CRS 16-2.5-101 (PG 287 in Blue book) - Answers - Definition of a LEO-
Authority to enforce laws within scope, carry a firearm
Duties of an Elected Sheriff - Answers - Uphold state and criminal laws and maintain
peace
Jail operations
Court security
Fire warden
Search and Seizure
Permits
Concealed hand permits
Federal Court System and Jurisdiction - Answers - Can only hear cases from Federal
and constitutional statutes
- District Court - General Trial Courts / Handle criminal and civil trials
- US court of appeals- Handles appeals
- US Supreme court- Highest court / Discretionary court
Writ of Certiorari - Answers - A formal writ used to bring a case before the Supreme
Court.
, State court system and jurisdiction - Answers - To represent the state courts
- Small claims court/ Muni ( less than $10,000)
- State trial courts/ county court- civil litigation, trials, family court, etc
- State court of appeals- must hear appeals from state trial cases
- Colorado Supreme court- Reviews appeals after State court of Appeals before going
to US Supreme court if it is a Federal case
Initial court process and stages - Answers - Arrested, Arraignment, Preliminary hearing,
trail, sentenced, appeal
Def. of Willful and wanton conduct of an officer - Answers - Doing an act that could lead
to harm while knowing the risk of harm is there
CRS 18-9-121- Bias motivated crimes - Answers - - with the intent to intimidate or
harass another person, in whole or in part, because of that person's actual or perceived
race, color, religion, ancestry, national origin, physical or mental disability, or sexual
orientation, he or she
- knowingly causes bodily injury to another person
Chimel v. California - Answers - An officer may search the person and the "area within
the immediate control" to prevent evidence destruction
- Home: room where arrest was made, not in adjoining rooms CAN search home if there
is R/S another person is in the home that poses a threat
- Vehicle: Passenger compartment only CAN search luggage and cargo but no locked
containers
- Person: Full search of arrestee
Consent Searches - Answers - Suspect gives voluntary consent for a search
Four Types of Evidence - Answers - real, documentary, testimonial, demonstrative
Purposes of Punishment - Answers - retribution, deterrence, rehabilitation,
incapacitation
Exceptions to a Search Warrant - Answers - Existent circumstances, plain view, cars,
Consent, Stop and frisk, search incident to arrest, protective sweep, inventory search
exclusionary rule - Answers - improperly gathered evidence may not be introduced in a
criminal trial
- AKA evidence that could have been found while violating the 4th amendment
