CPD EXAM 1 Questions and Answers(A+ Solution guide)

CPD EXAM 1 Act - ✔✔ includes a failure or omission to ta ke action. (720 ILCS 5/2 -2) Conduct - ✔✔ An act or a series of acts, and the accompanying mental state. (5/2 -4) Dwelling - ✔✔ An enclosed space used or intended for use as a human habitation, home, or residence. Ex: tent, mobile home, vehicle, house, apar tment , trailer. Felony - ✔✔ An offense punishable by one year or more in a penitentiary. Forcible Felony - ✔✔ The most serious of crimes. Includes: 1. murder 2. Agg. Battery: with great bodily harm or permanent disability or disfigurement. 3. Agg. Crimi nal sexual assault 4. Predatory criminal sexual assault of a child 5. Kidnapping, Agg. Kidnapping 6. Burglary, Residential Burglary 7. Arson, Agg. Arson 8. Robbery 9. Treason And any other felony which involves use of threat of physical force or violence against an individual. 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 Of fense - ✔✔ 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 b y 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 poli ce 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 du ty 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 hav e 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 perso n 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 a ct b. A mental state c. A result