Missouri POST Test – 2023 (solved)

No time limitations on filing for these offenses - Answer- murder, 1st degree rape, forcible rape, attempted rape in the 1st degree, sodomy 1st, attempted forcible sodomy, any class A felony 5 years of the commission of the offense - Answer- arson first degree, arson second degree, knowingly burning or exploding - how long to commence prosecution? 6 months of its commission - Answer- any infraction must be filed within...? Chapters 556-580 - Answer- Chapters of the MO revised criminal code Class A Felony - Answer- 10-30 years or life in MDOC Class B Felony - Answer- 5-15 years in MDOC Class C Felony - Answer- 3-10 years in MDOC plus $1-10,000 fine Class D Felony - Answer- 1 day - 1 year in county jail, or up to 7 years in MDOC, and/or a fine of $1-10,000 Class E Felony - Answer- 1 day - 1 year in county jail, or up to 4 years in MDOC, and/or a fine of $1-10,000 Class A Misdemeanor - Answer- 1 day to 1 year in county jail and/or a fine of $1 to $2000 Class B Misdemeanor - Answer- 1 day to 6 months in county jail, fine from $1-1,000 Class C Misdemeanor - Answer- 1-15 days in county jail, and/or fine of $1-750 Class D Misdemeanor - Answer- fine of up to $500 prior offendor - Answer- one who has been found guilty of one prior felony persistent offender - Answer- one who has been found guilty or two or more felonies committed at different times dangerous offender - Answer- 1. being sentenced for a felony during which she knowingly murdered or threatened the life of another AND 2. has previously been convicted of a Class A or B felony or of a dangerous felony Suspended Execution of Sentence (SES) - Answer- record of a defendant's conviction but no jail time will be served if probation is satisfactorily completed Suspended Imposition of Sentence (SIS) - Answer- If probation is completed successfully, no record of conviction will persist Voluntary Act - Answer- Requirement in MO - A defendant is not guilty of a crime if she was forced to commit it True - Answer- True or False - Deadly force is not justified simply to protect personal property? Fresh Pursuit - Answer- A legal doctrine that permits a Law-Enforcement Officer to arrest a fleeing suspect who crosses jurisdictional lines. When must fresh pursuit stop? - Answer- When the pursuing officer loses contact with suspect and is no longer in their jurisdiction Elements of attempt - Answer- 1. she has a purpose to commit an offense AND 2. she does an act which is a substantial step toward the commission of the offense substantial step - Answer- a significant movement toward completion of an intended result Conspiracy elements - Answer- 1. intent to promote or facilitate the offense 2. agree with one or more people that they or one of them will engage in offensive conduct 3. at least one member of the group commits an overt act in furtherance of the agreement overt act - Answer- act done in furtherance of and designed to carry uot the purposes of a conspiracy False - Answer- T/F An overt act need be a substantial step as required for a conviction of an attempt to commit an offense Four types of abuse - Answer- physical, emotional, financial, sexual First Degree Murder in Missouri - Answer- Class A felony - knowingly causes the death of another after deliberation upon the matter False - it is not required - Answer- T/F - The State is required to seek death even if aggravating circumstances are present in 1st degree murder cases deliberation - Answer- cool reflection for any length of time no matter how brief No, they are not - Answer- Are mentally retarded people eligible to receive the death penalty? aggravating circumstances - Answer- Any circumstances accompanying the commission of a crime that may justify a harsher sentence i.e. attempted rape while committing the crime mitigating circumstances - Answer- Any circumstances accompanying the commission of a crime that may justify a lighter sentence - i.e. the age of the defendant, no prior convictions, etc. physical injury - Answer- slight impairment of any function of the body or temporary loss of use of any part of the body serious physical injury - Answer- A physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ Murder in the Second Degree - Answer- Class A felony. 1. knowingly causes the death of another human being OR causes the death of another human being with the purpose of causing serious physical injury OR 2. Causes the death of another person while attempting to commit any felony OR while in immediate flight from the perpetration of any felony or attempted felony Voluntary Mansalughter - Answer- Class B Felony Covers intentional killing, not justified or excusable, which are not covered by first or second degree murder because of sudden passion. OR knowingly assisting another in committing suicide Involuntary Manslaughter in the First Degree - Answer- Class C Felony - unless law enforcement is the victim and specifically targeted, in which case it is a Class B Recklessly causes the death of any person Involuntary Manslaughter in the Second Degree - Answer- Class E, unless targeted law enforcement victim, then Class D. Criminal negligence which causes the death of any person. Four degrees - Answer- how many degrees of Assault in MO? special victim - Answer- applicable in assault cases - law enforcement officer, emergency personnel, elderly person, disabled person, corrections officer, highway worker in construction zone, utility worker, cable worker, public transit worker deadly weapon - Answer- Any firearm, whether loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious injury, may be discharged, or a switchblade knife, dagger, billy club, blackjack, or metal knuckles dangerous instrument - Answer- any instrument, article, or substance capable of causing death or serious physical injury in the circumstances in which it is used Criminal Negligence - Answer- fails to be aware of a substantial and unjustifiable risk that circumstances exist, or as a result will follow, and such failure constitutes gross deviation from a reasonable standard of care for the situation Assault - 1st - Answer- Attempts to kill another person, knowingly causes or attempts to cause serious physical injury to another Assault - 2nd - Answer- Assault with sudden passion, deadly weapon, or reckless physical injury or reckless discharge of firearm causing injury Assault - 3rd - Answer- Knowingly causes physical injury to another person Assault - 4th - Answer- 1. attempts to cause or recklessly causes physical injury, pain or illness 2. with criminal negligence causes physical injury by firearm 3. purposefully places another person in apprehension of immediate physical injury; or 4. recklessly engages in conduct which creates a substantial risk or death or serious injury; or 5. contact with a disabled person which is offensive or provocative 6. knowing contact w another person who will regard the contact as offensive False - they usually may not - Answer- T/F - A victim may usually consent to serious physical injury