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CPD EXAM 2025 Questions and 100% Correct Answers

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CPD EXAM 2025 Questions and 100% Correct Answers

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Uploaded on
January 15, 2025
Number of pages
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Written in
2024/2025
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CPD EXAM 2025 Questions and 100% Correct
Answers

Misdemeanor - ✔✔Any offense for which a sentence to a term of imprisonment in
other than a penitentiary for LESS than one year may be imposed.



Petty Offense - ✔✔An offense which is not punishable by imprisonment.



Offense - ✔✔Violation of any penal statute of this state. (each state has own criminal
code)



Peace Officer - ✔✔1. Any person who by virtue of his or her public office or
employment is vested by law with a duty to maintain public order or to make arrests for
offenses.


2. Any person who by statute, is granted and authorized to exercise powers similar to
those conferred upon. (employed by law enforcement agency of this state)
ex: university police



Penal Institution - ✔✔Includes a penitentiary, state farm, reformatory, prison, jail,
house of correction, or other institution for the incarceration or custody of persons
under sentence for offenses awaiting trial or sentence for offenses.



Reasonable Belief - ✔✔Means that person concerned, acting as a reasonable person,
believes that the described facts exist. ("totality of the facts")

,Voluntary Act - ✔✔A material element of every offense is a voluntary act, which
includes an omission to perform a duty which the law imposes on the offender and
which he is physically capable of performing.



Posession as a Voluntary Act - ✔✔If the offender knowingly procured or received the
thing posessed, or was aware of his control thereof for a sufficient time to have been
able to terminate his posession.



Place of Trial - ✔✔(a) Generally. Criminal offenses in Illinois shall be tried in the
county where the offense occurred, except otherwise provided by law.



Presumption of Innocence and proof of guilt - ✔✔Every person is presumed innocent
until proven guilty beyond a reasonable doubt.



General Limitations - ✔✔Limits the time period within which the state must
commence prosecution.
a. For certain offenses there is no time limit (ex: homicide, treason, arson, agg. arson,
and forgery)
b. Generally, prosecution for a felony must be commenced within 3 YEARS.
c. Generally, prosecution for a misdemeanor must be commenced within one year and 6
months after its comission.



Methods of Prosecution - ✔✔When authorized by law a prosecution may be
commenced by:
a. complaint
b. information
c. indictment

,Mental State - ✔✔State of mind under which the act was committed.
a. intent
b. knowledge
c. recklessness
d. negligence


An act does not make the doer guilty, unless the mind is guilty.



Result - ✔✔Effect or commission of the act accompanied by the criminal mental
element.


The nature of this injury often determinative of the crime charged.



Elements of a Crime - ✔✔a. A voluntary act
b. A mental state
c. A result



Intent - ✔✔When his or her conscious objective or purpose is to accomplish that
result or engage in that conduct.



Knowledge - ✔✔When he or she is consciously aware of the nature or result of his
conduct.



Recklessness - ✔✔When he or she consciously disregards a substantial and
unjustifiable risk.

, Negligence - ✔✔When he or she fails to be aware of a substantial and unjustifiable
risk.



Absolute Liability - ✔✔A person may be guilty of an offense without having one of
the mental states if the offense is a misdemeanor which is not punishable by
incarceration or by a fine exceeding $1000.



Accountability for conduct of another - ✔✔A person is responsible for conduct which
is an element of an offense if the conduct is either that of the person himself, or that of
another and he is legally accountable for such conduct.


Exists when a person:
a. Participates BEFORE the crime, with specific intent to promote or facilitate an offense.
b. Participates AFTER the crime.
c. With the intent that the offense be committed, solicits, aids, abets, agrees or
attempts to aid a person in the planning or commission of an offense.



Affirmative Defenses - ✔✔When he or she argues that, because of the existence of
factors, his or her conduct should be excused or not punished.


Law provides that certain circumstances create possible defenses. (must present
evidence).



Ignorance or mistake - ✔✔A defense if it negatives the existence of the mental state
which the statute prescribes with respect to an element of the offense.



Infancy - ✔✔No person shall be convicted of any offense unless he or she had
attained his 13th birthday at the time the offense was committed.

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