Colorado POST Study Guide |
Complete Q&A Review | Graded
A+
‣ What property crime can you use deadly force to defend against?
Answer: First Degree Arson
‣ Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) Answer: 16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
‣ 18-1-402. Presumption of Innocence Answer: Every person is
presumed innocent until proved guilty
‣ 18-1-403. Legal Assistance and Supporting Services 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
,‣ 18-1-404 Preliminary hearing or waiver-dispositional hearing 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 long for a speedy trial? Answer: 180 days from the date of entry
of a not guilty plea
18-1-405
‣ How many jurors on a felony trial? Answer: 12
‣ How many jurors on a misdemeanor trial? Answer: 6
‣ 18-1-407 Affirmative Defense 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... Answer: established beyond a reasonable
doubt as to that issue as well as all other elements of the offense
‣ Act Answer: a bodily movement, and includes words and possession of
property
‣ Conduct Answer: an act or omission and its accompanying state of
mind or, where relevant, a series of acts of omissions
‣ Criminal Negligence Answer: 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 Answer: Intentionally
Knowingly
Recklessly
Criminal negligence
‣ Intentionally Answer: when his conscious objective is to cause the
specific result proscribed by the statute defining the offense
‣ Knowingly Answer: 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 Answer: a failure to perform an act as to which a duty of
performance is imposed by law
‣ Recklessly Answer: when he consciously disregards a substantial and
unjustifiable risk that a result will occur or that a circumstance exists
‣ Voluntary Act Answer: an 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 Answer: the 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 Answer: when conduct alone is all that is required for
the commission of a particular offense
(ex: DUI)
‣ Mental Culpability Answer: when a culpable mental state on the part of
the actor is required with respect to any material element of an offense
Complete Q&A Review | Graded
A+
‣ What property crime can you use deadly force to defend against?
Answer: First Degree Arson
‣ Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) Answer: 16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
‣ 18-1-402. Presumption of Innocence Answer: Every person is
presumed innocent until proved guilty
‣ 18-1-403. Legal Assistance and Supporting Services 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
,‣ 18-1-404 Preliminary hearing or waiver-dispositional hearing 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 long for a speedy trial? Answer: 180 days from the date of entry
of a not guilty plea
18-1-405
‣ How many jurors on a felony trial? Answer: 12
‣ How many jurors on a misdemeanor trial? Answer: 6
‣ 18-1-407 Affirmative Defense 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... Answer: established beyond a reasonable
doubt as to that issue as well as all other elements of the offense
‣ Act Answer: a bodily movement, and includes words and possession of
property
‣ Conduct Answer: an act or omission and its accompanying state of
mind or, where relevant, a series of acts of omissions
‣ Criminal Negligence Answer: 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 Answer: Intentionally
Knowingly
Recklessly
Criminal negligence
‣ Intentionally Answer: when his conscious objective is to cause the
specific result proscribed by the statute defining the offense
‣ Knowingly Answer: 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 Answer: a failure to perform an act as to which a duty of
performance is imposed by law
‣ Recklessly Answer: when he consciously disregards a substantial and
unjustifiable risk that a result will occur or that a circumstance exists
‣ Voluntary Act Answer: an 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 Answer: the 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 Answer: when conduct alone is all that is required for
the commission of a particular offense
(ex: DUI)
‣ Mental Culpability Answer: when a culpable mental state on the part of
the actor is required with respect to any material element of an offense
