2023 COLORADO POST STUDY GUIDE

2023 COLORADO POST STUDY GUIDE Exam Question And Answers Formal requirement for a victim to file a complaint: - answersAttempt to resolve the matter at a local level Sexual assault - answers(§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 - answersID 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) - answers16 - Title 3 - Article 504 - Section (2.2) - Subsection (a) - Paragraphs (II) - Sub-Paragraphs (A) - Sub Sub-Paragraphs What are the two types of arrest? - answersCustodial Non-Custodial An emergency protective order expires after _____? - answersThree judicial days § 18-1-402. Presumption of Innocence - answersEvery person is presumed innocent until proved guilty § 18-1-403. Legal Assistance and Supporting Services - answersAll 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? - answersan officer needs PC for any arrest § 18-1-404 Preliminary hearing or waiver-dispositional hearing - answersEvery 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? - answers12 How many jurors on a misdemeanor trial? - answers6 How long for a speedy trial? - answers180 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? - answersFirst Degree Arson § 18-1-407 Affirmative Defense - answersMeans 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... - answersEstablished 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? - answersin 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 - answersany 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) - answersA 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 - answersA 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 - answersA 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) - answersAny 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 - answers16 A short shotgun is defined as having a overall length of less than - answers26 inches § 18-1-709 Entrapment - answersYou can't convince someone to commit a crime and then charge them with the crime What age is insufficient age? - answers10 years old Act - answersA bodily movement, and includes words and possession of property Conduct - answersan act or omission and its accompanying state of mind or, where relevant, a series of acts of omissions Criminal Negligence - answersThrough 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 - answersIntentionally Knowingly Recklessly Criminal negligence Intentianally - answersWhen his conscious objective is to cause the specific result proscribed by the statute defining the offense Knowingly - answersWhen 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 - answersA failure to perform an act as to which a duty of performance is imposed by law Recklessly - answersWhen he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists Voluntary Act - answersAn act performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his physical possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it Criminal Liability - answersThe performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing Strict Liability - answerswhen conduct alone is all that is required for the commission of a particular offense (ex: DUI) Mental Culpability - answersWhen a culpable mental state on the part of the actor is required with respect to any material element of an offense (ex: Murder) § 18-1-603 Complicity - answersA person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in planning or committing the offense *basically if they helped out in the crime § 18-1-702 Choice of Evils - answersConduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur (Ex: you commit a crime to stop a crime) (Ex: you shatter a car window to protect a baby in a hot car) Who are those that are covered under the use of physical force - special relations § 18-1-703? - answers1. Parent, guardian, or other person entrusted with the care and supervision of a minor or incompetent person, or teacher 2. Detentions staff 3. Common Carrier 4. Preventing someone from suicide