Colorado Post Exam Study Guide With
Complete Solution
Formal requirement for a victim to file a complaint: - Correct
Answer-Attempt to resolve the matter at a local level
Sexual assault - Correct Answer-(§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 - Correct Answer-ID 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) - Correct Answer-16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
What are the two types of arrest? - Correct Answer-Custodial
Non-Custodial
Vendarsol
,An emergency protective order expires after _____? - Correct
Answer-Three judicial days
§ 18-1-402. Presumption of Innocence - Correct Answer-Every
person is presumed innocent until proved guilty
§ 18-1-403. Legal Assistance and Supporting Services - Correct
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
Dunaway v. New York said what? - Correct Answer-an officer
needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing -
Correct 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 many jurors on a felony trial? - Correct Answer-12
How many jurors on a misdemeanor trial? - Correct Answer-6
How long for a speedy trial? - Correct Answer-
180 days from the date of entry of a not guilty
plea
Vendarsol
,§ 18-1-405
What property crime can you use deadly force
to defend against? - Correct Answer-First
Degree Arson
§ 18-1-407 Affirmative Defense - Correct
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... - Correct Answer-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? - Correct Answer-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 - Correct Answer-any place
maintained for the confinement, pursuant to
law, or persons charged with or convicted of
Vendarsol
, 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) - Correct Answer-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 - Correct Answer-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
Vendarsol
Complete Solution
Formal requirement for a victim to file a complaint: - Correct
Answer-Attempt to resolve the matter at a local level
Sexual assault - Correct Answer-(§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 - Correct Answer-ID 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) - Correct Answer-16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
What are the two types of arrest? - Correct Answer-Custodial
Non-Custodial
Vendarsol
,An emergency protective order expires after _____? - Correct
Answer-Three judicial days
§ 18-1-402. Presumption of Innocence - Correct Answer-Every
person is presumed innocent until proved guilty
§ 18-1-403. Legal Assistance and Supporting Services - Correct
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
Dunaway v. New York said what? - Correct Answer-an officer
needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing -
Correct 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 many jurors on a felony trial? - Correct Answer-12
How many jurors on a misdemeanor trial? - Correct Answer-6
How long for a speedy trial? - Correct Answer-
180 days from the date of entry of a not guilty
plea
Vendarsol
,§ 18-1-405
What property crime can you use deadly force
to defend against? - Correct Answer-First
Degree Arson
§ 18-1-407 Affirmative Defense - Correct
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... - Correct Answer-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? - Correct Answer-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 - Correct Answer-any place
maintained for the confinement, pursuant to
law, or persons charged with or convicted of
Vendarsol
, 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) - Correct Answer-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 - Correct Answer-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
Vendarsol
