Exam (elaborations)
Colorado POST Study Guide Solutions
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- CO Post Practice Exam _ Review
Colorado POST Study Guide Solutions
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Colorado POST Study GuideSolutions
What are the two types of arrest? - ANS-Custodial
Non-custodial
What property crime can you use deadly force to defend against? - ANS-First Degree
Arson
Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) - ANS-16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
18-1-402. Presumption of Innocence - ANS-Every person is presumed innocent
until proved guilty
18-1-403. Legal Assistance and Supporting Services - ANS-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 - ANS-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? - ANS-180 days from the date of entry of a not guilty plea
,18-1-405
How many jurors on a felony trial? - ANS-12
How many jurors on a misdemeanor trial? - ANS-6
18-1-407 Affirmative Defense - ANS-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... - ANS-established beyond a reasonable doubt as to that issue as well as all
other elements of the offense
Act - ANS-a bodily movement, and includes words and possession of property
Conduct - ANS-an act or omission and its accompanying state of mind or, where
relevant, a series of acts of omissions
Criminal Negligence - ANS-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 - ANS-Intentionally
Knowingly
Recklessly
Criminal negligence
Intentionally - ANS-when his conscious objective is to cause the specific result
proscribed by the statute defining the offense
Knowingly - ANS-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 - ANS-a failure to perform an act as to which a duty of performance is
imposed by law
Recklessly - ANS-when he consciously disregards a substantial and unjustifiable risk
,that a result will occur or that a circumstance exists
Voluntary Act - ANS-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 - ANS-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 - ANS-when conduct alone is all that is required for the commission of a
particular offense
(ex: DUI)
Mental Culpability - ANS-when 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 - ANS-a 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 - ANS-Conduct 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? - ANS-1. 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
5. Licensed physician or nurse
18-1-704 Use of physical force in defense of a person - ANS-a person is justified in
using physical force upon another person in order to defend himself or a third person
from what he reasonably believes to be the use or imminent use of unlawful physical
force by that other person, and he may use a degree of force which he reasonably
believes to be necessary for that purpose
When can you use deadly physical force in the defense of a person per 18-1-707? -
ANS-If a person believes a lesser degree of force is inadequate and: -he or another
person is in imminent danger of being killed or of receiving great bodily injury
-the other person is using or reasonable appears about to use physical force against an
occupant of a dwelling or business establishment while committing or attempting to
commit a burglary
-the other person is committing or reasonable appears about to commit kidnapping,
robbery or sexual assault
When is a person NOT justified in using physical force? - ANS--he provokes the use of
unlawful physical force by that other person
-he is the initial aggressor
-the physical force involved is the product of a combat by agreement not specifically
authorized by law
18-1-704.5 Use of Deadly Physical Force against an intruder (Make My Day Law) -
ANS-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
18-1-705 Use of physical force in defense of premises - ANS-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
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