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MPOETC Exam #2 TEST QUESTIONS AND ANSWERS Criminal Law Open & Closed Book Exam

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MPOETC Exam #2 TEST QUESTIONS AND ANSWERS Criminal Law Open & Closed Book Exam

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MPOETC Exam #2 TEST QUESTIONS
AND ANSWERS

Criminal Law Open & Closed Book Exam




B
Grading - ANSWER 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




LU
for prior to arrest

Actor - ANSWER Includes, where relevant, a person guilty of an omission



YC
Elements of an offense - ANSWER 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
D
3-negatives an excuse or justification for such conduct
4-negatives a defense under the statute of limitation, or
TU

5-Establishes jurisdiction or venue

4 Kinds of Culpability - ANSWER Intentionally, Knowingly, Recklessly, and
ES



Negligently

Tolling - ANSWER 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
C




on view arrest - ANSWER Any felony, or any misdemeanors in view of officer, based
A




on grading or exception to laws of arrest when authorized by law

Class+Grading - ANSWER The CLASS+GRADING of the offense determines the
required route of prosecution.
***Class of Offense and Grading of Offense are very important****

, Summary Offense - ANSWER Not classified as a crime, but as an offense.
Imprisoned no more than 90 days, no more than $300 fine.

General Rule - ANSWER 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 - ANSWER An actor will only be guilty of a




B
crime, if, as specifically required by that law, he commits an act:
1-Intentionally




LU
2-Knowingly
3-Recklessly
4-Negligently




YC
M'Naghten's Rule - ANSWER rule that determines whether a suspect's plea for
criminally insane is accepted or not. A test for criminal insanity.

Deadly Force - ANSWER Capable of causing death/serious bodily injury
D
505 b(2) Use of Deadly Force/Chapter 5 When is a private citizen allowed to use deadly
TU

force? - ANSWER "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
ES



arrest ever even if you believe it to be unlawful

508 Use of Force In Law Enforcement - ANSWER *this section allows you to do
what you do as an officer* Defense+Control, controlling an actor for arrest. Deadly force
C




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
A




attempted or committed a forcible felony.
(Necessary force used to make arrest)

Inchoate Crimes - ANSWER crimes that are committed before or in preparation for
committing another crime

Offenses: - ANSWER Felony 1= 20 years $25,000 Fine

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