2024 COLORADO POST STUDY GUIDE | Questions with
Complete solution | Graded A+
How long for a speedy trial? - ✔✔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? - ✔✔First Degree Arson
§ 18-1-407 Affirmative Defense - ✔✔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...
- ✔✔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? - ✔✔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 - ✔✔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) - ✔✔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
§ 18-1-706 Use of Physical Force in Defense of Property - ✔✔A person is justified in using
reasonable and appropriate physical force upon another person when and to the extent that he
reasonably believes it is necessary to prevent what he reasonably believes to be an attempt by the
other person to commit theft, criminal mischief, or criminal tampering involving property
§ 18-1-705 Use of physical force in defense of premises - ✔✔A person is justified in using
reasonable and appropriate physical force upon another person when and to the extent that it is
reasonably necessary to prevent or terminate what he reasonably believes to be the commission
or attempted commission of an unlawful trespass by the other person in or upon the building,
realty, or premises
,§ 18-1-704.5 Use of Deadly Physical Force against an intruder
(Make My Day Law) - ✔✔Any occupant of a dwelling is justified in using any degree of
physical force, no matter how slight, against another person when that other person has made an
unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other
person has committed a crime in that dwelling in addition to the uninvited entry, or is
committing or intends to commit a crime against a person or property
The occupant shall be immune from criminal prosecution and civil liability
A short rifle is defined as having a barrel length of less than ________ inches or an overall
length of less than 26 inches - ✔✔16
A short shotgun is defined as having a overall length of less than - ✔✔26 inches
§ 18-1-709 Entrapment - ✔✔You can't convince someone to commit a crime and then charge
them with the crime
What age is insufficient age? - ✔✔10 years old
Act - ✔✔A bodily movement, and includes words and possession of property
Conduct - ✔✔an act or omission and its accompanying state of mind or, where relevant, a series
of acts of omissions
, Criminal Negligence - ✔✔Through 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
Culpable Mental State - ✔✔Intentionally
Knowingly
Recklessly
Criminal negligence
Intentianally - ✔✔When his conscious objective is to cause the specific result proscribed by the
statute defining the offense
Knowingly - ✔✔When he is aware that his conduct is of such nature or that such circumstance
exists
When he is aware that his conduct is practically certain to cause the result
Omission - ✔✔A failure to perform an act as to which a duty of performance is imposed by law
Recklessly - ✔✔When he consciously disregards a substantial and unjustifiable risk that a result
will occur or that a circumstance exists
Complete solution | Graded A+
How long for a speedy trial? - ✔✔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? - ✔✔First Degree Arson
§ 18-1-407 Affirmative Defense - ✔✔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...
- ✔✔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? - ✔✔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 - ✔✔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) - ✔✔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
§ 18-1-706 Use of Physical Force in Defense of Property - ✔✔A person is justified in using
reasonable and appropriate physical force upon another person when and to the extent that he
reasonably believes it is necessary to prevent what he reasonably believes to be an attempt by the
other person to commit theft, criminal mischief, or criminal tampering involving property
§ 18-1-705 Use of physical force in defense of premises - ✔✔A person is justified in using
reasonable and appropriate physical force upon another person when and to the extent that it is
reasonably necessary to prevent or terminate what he reasonably believes to be the commission
or attempted commission of an unlawful trespass by the other person in or upon the building,
realty, or premises
,§ 18-1-704.5 Use of Deadly Physical Force against an intruder
(Make My Day Law) - ✔✔Any occupant of a dwelling is justified in using any degree of
physical force, no matter how slight, against another person when that other person has made an
unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other
person has committed a crime in that dwelling in addition to the uninvited entry, or is
committing or intends to commit a crime against a person or property
The occupant shall be immune from criminal prosecution and civil liability
A short rifle is defined as having a barrel length of less than ________ inches or an overall
length of less than 26 inches - ✔✔16
A short shotgun is defined as having a overall length of less than - ✔✔26 inches
§ 18-1-709 Entrapment - ✔✔You can't convince someone to commit a crime and then charge
them with the crime
What age is insufficient age? - ✔✔10 years old
Act - ✔✔A bodily movement, and includes words and possession of property
Conduct - ✔✔an act or omission and its accompanying state of mind or, where relevant, a series
of acts of omissions
, Criminal Negligence - ✔✔Through 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
Culpable Mental State - ✔✔Intentionally
Knowingly
Recklessly
Criminal negligence
Intentianally - ✔✔When his conscious objective is to cause the specific result proscribed by the
statute defining the offense
Knowingly - ✔✔When he is aware that his conduct is of such nature or that such circumstance
exists
When he is aware that his conduct is practically certain to cause the result
Omission - ✔✔A failure to perform an act as to which a duty of performance is imposed by law
Recklessly - ✔✔When he consciously disregards a substantial and unjustifiable risk that a result
will occur or that a circumstance exists
