2023 Colorado Post Study Guide Questions with 100% Correct Answers

Formal requirement for a victim to file a complaint: Correct Answer Attempt to resolve the matter at a local level Sexual assault Correct 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) Photographic arrays Correct Answer ID procedures are not necessary if the witness knows the suspect (i.e. more than a short time or mere acquaintances) Label each part of the following statute: 16-3-504(2.2)(a)(II)(A) Correct Answer 16 - Title 3 - Article 504 - Section (2.2) - Subsection (a) - Paragraphs (II) - Sub-Paragraphs (A) - Sub Sub-Paragraphs What are the two types of arrest? Correct Answer Custodial Non-Custodial An emergency protective order expires after _____? Correct Answer Three judicial days § 18-1-402. Presumption of Innocence Correct Answer Every person is presumed innocent until proved guilty § 18-1-403. Legal Assistance and Supporting Services Correct 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 Dunaway v. New York said what? Correct Answer an officer needs PC for any arrest § 18-1-404 Preliminary hearing or waiver-dispositional hearing Correct 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 How many jurors on a felony trial? Correct Answer 12 How many jurors on a misdemeanor trial? Correct Answer 6 How long for a speedy trial? Correct Answer 180 days from the date of entry of a not guilty plea § 18-1-405 What property crime can you use deadly force to defend against? Correct Answer First Degree Arson § 18-1-407 Affirmative Defense Correct 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 If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be... Correct Answer Established beyond a reasonable doubt as to that issue as well as all other elements of the offense When is an officer in detentions justified in using physical force? Correct 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 Detention Facility Correct 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 § 18-1-707 Use of physical force in making an arrest or in preventing an escape. (Deadly force) Correct 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 ----otherwise indicates that he is likely to endanger human life or to inflict SBI unless apprehended without delay