2024 COLORADO POST STUDY GUIDE | Questions with Complete solution | Graded A+

Formal requirement for a victim to file a complaint: - ✔✔Attempt to resolve the matter at a local level Sexual assault - ✔✔(§18-3-402) // any actor who knowingly inflicts intrusion or penetration (F4) if: the actor ca ...

Formal requirement for a victim to file a complaint: - ✔✔Attempt to resolve the matter at a local level Sexual assault - ✔✔(§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 - ✔✔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) - ✔✔16 - Title 3 - Article 504 - Section (2.2) - Subsection (a) - Paragraphs (II) - Sub-Paragraphs (A) - Sub Sub-ParagraphsWhat are the two types of arrest? - ✔✔Custodial Non-Custodial An emergency protective order expires after _____? - ✔✔Three judicial days § 18-1-402. Presumption of Innocence - ✔✔Every person is presumed innocent until proved guilty § 18-1-403. Legal Assistance and Supporting Services - ✔✔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? - ✔✔an officer needs PC for any arrest § 18-1-404 Preliminary hearing or waiver-dispositional hearing - ✔✔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? - ✔✔12How many jurors on a misdemeanor trial? - ✔✔6 How long for a speedy trial? - ✔✔180 days from the date of entry of a not guilty plea § 18-1-405 What property crime can you use deadly force to defend against? - ✔✔First Degree Arson § 18-1-407 Affirmative Defense - ✔✔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... - ✔✔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? - ✔✔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 - ✔✔any place maintained for the confinement, pursuant to law, or persons charged with or convicted of 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) - ✔✔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 - ✔✔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 to commit theft, criminal mischief, or criminal tampering involving property § 18-1-705 Use of physical force in defense of premises - ✔✔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 § 18-1-704.5 Use of Deadly Physical Force against an intruder(Make My Day Law) - ✔✔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 A short rifle is defined as having a barrel length of less than ________ inches or an overall length of less than 26 inches - ✔✔16 A short shotgun is defined as having a overall length of less than - ✔✔26 inches § 18-1-709 Entrapment - ✔✔You can't convince someone to commit a crime and then charge them with the crime What age is insufficient age? - ✔✔10 years old Act - ✔✔A bodily movement, and includes words and possession of property Conduct - ✔✔an act or omission and its accompanying state of mind or, where relevant, a series of acts of omissionsCriminal Negligence - ✔✔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 - ✔✔Intentionally Knowingly Recklessly Criminal negligence Intentianally - ✔✔When his conscious objective is to cause the specific result proscribed by the statute defining the offense Knowingly - ✔✔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 - ✔✔A failure to perform an act as to which a duty of performance is imposed by law Recklessly - ✔✔When he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists Voluntary Act - ✔✔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 propertyif the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it Criminal Liability - ✔✔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 - ✔✔when conduct alone is all that is required for the commission of a particular offense (ex: DUI) Mental Culpability - ✔✔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 - ✔✔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 - ✔✔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? - ✔✔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 - ✔✔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? - ✔✔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 assaultWhen is a person NOT justified in using physical force? - ✔✔-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) - ✔✔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 What is Sensory Distortion? - ✔✔An Officer may hallucinate that an Offender has already shot him How Does an Officer React to a Threat to Another Person? - ✔✔Locate, React, Control and Identify The Simplest Way for an Officer to Relieve Stress? - ✔✔Deep Belly BreathingWhen is an Officer justified in putting a mentally ill person in Jail? - ✔✔When there is no room at an Institution and he is place in jail for safetey reasons. A menetally ill person can only be held in a Jail for a maximum of 24 hours When there is a Robbery in Progress and a suspect is in the area an Officer should? - ✔✔Proceed as rapidly as possible, but use extreme caution. Assume the suspect is still at the scene. When an Officer takes a tape recorder to the crime scene he must? - ✔✔Record any victim, witness and suspect statements related to the crime. Do not cherry pick your witnesses An Officer's note taking at a crime scene is minimized by? - ✔✔The type of offense, conditions of the case, officer attitude, officer ability and the number of officers assigned to the case When going to the scene of a domestic dispute, there are four phases, what are they? - ✔✔1. Assess the situation 2. Take immediate corrective action 3. Listen & Observe 4. Follow up When doing a building search, what is the best way to approach? - ✔✔Diagonal deployment Skids that are broken without release of the brake pressure that occurs when a locked and sliding wheel bounced over a bump, rut rail, or hole in the road is called? - ✔✔A skip skid markWhich way do you turn the steering wheel when making a traffic stop? - ✔✔Turn wheel to the left On an unknown risk felony stop, what is the best way to approach with two officers - ✔✔One officer approaches and the other stays out of the kill zone. What are the characteristics of a hate crime? - ✔✔No gain is made, not property is taken, but usually involves harassment or assault. When you are testifying on the stand, once you are finished what should you do? - ✔✔Leave the court room and resume your normal duties What are TWO CORE Components of Community Policing? - ✔✔1. Community Partnership 2. Problem Solving What part of S.A.R.A. model is a police officer a part of? - ✔✔Assessment Under C.R.S. What can a victim request in writing? - ✔✔Release data of the offender, parole date By law who must report Child Abuse? - ✔✔Teachers, School authorities, child care personnel, physicians, therapists, any school employee i.e. janitorWhere is marijuana legal to consume in Colorado? - ✔✔Private Residence Amendment 64 allows adults 21 or over to legally possess how much marijuana or THC? - ✔✔1 ounce or 28 grams Legal limit for THC in your system when driving? - ✔✔5 Nanograms How much marijuana can someone grow in Colorado? - ✔✔6 plants only 3 of which are flowering Steps in Crime Scene Sketching - ✔✔1. Observe and Plan 2. Measure and outline the area 3. Plot objects of evidence 4. Take Notes 5. Identify the scene 6.Reassess the sketch What patterns are used in Crime Scene Searches? - ✔✔1. Grid 2. Zone 3. Parallel/line/lane, spiral What is the element of a hostile work environment? - ✔✔Adverse effect on work performanceWhat BAC will determine if someone if DUI? - ✔✔.08% or higher What is the objective of a DUI roadside? - ✔✔To divide the suspects attention (Rhomberg technique). What is the purpose of Interview and Interrogation? - ✔✔To divide those responsible for a crime and to eliminate the innocent from suspicion. When can an Officer arrest without a warrant? - ✔✔1. Crime is committed in Officer's Presence 2. Probable Cause Exists that the person committed the crime. 3. Upon a complaint from a victim/witness/citizen The most important chain of custody report is? - ✔✔The report should contain the precise route and timing of the movement of the evidence from the moment it was collected. When doing a physical lineup you should... - ✔✔At least 5 individuals (other than the suspect) should be about the same height, weight and of compatible race. When using an informants you should? - ✔✔Control the informant Make no promises you can not keepA person is in the hospital from an assault and dying you should? - ✔✔Seek a dying declaration from the victim that will aid in the identification & prosecution of the killer Where is the best place for an officer to write a ticket? - ✔✔Front seat of the patrol car keeping the ticket book at eye level. Where should the officer stand while talking to a suspect during a traffic stop? - ✔✔Over and behind their left shoulder Field notes should be - ✔✔Started at the beginning of the shift. Limited to brief notes, accurate, complete, legible When you arrive to a domestic dispute what should you do? - ✔✔1. Don't take sides 2. Make an Arrest when you have probable cause to believe a crime has been committed. When you arrive at a domestic and physical violence is evident you? - ✔✔Arrest the aggressor/perpetrator When you arrive at a domestic scene and no arrest is made you should - ✔✔1. Leave you contact card 2.Leave brochures about shelters If you set a fire to another building what is required under C.R.S to charge 1st Degree Arson? - ✔✔1. REAL Property of Another2. No Consent of the Owner When can a Juvenile be subject to direct filing (district court as an adult) - ✔✔When charged with a Class 1 of Class 2 Felony When directing traffic at an two way intersection where is the safest place to stand? - ✔✔In the middle of the intersection Using the "quiet" method in a building search, you should? - ✔✔Remove loose items that make noise, visual items that protrude out in front, no unnecessary odors like cologne that can give away your position. When doing building searches you should - ✔✔NOT Rub your body against the wall, but you SHOULD keep your back towards the wall and stand 2"-4" away. Who investigates when an Officer is killed in the line of duty? - ✔✔FBI Terry vs. Ohio refers to? - ✔✔Search & Seizure case to stop and frisk for weapons. The officer must articulate the reasonable suspicion for a stop and frisk What is the difference between direct evidence and circumstantial evidence? - ✔✔Direct evidence - requires NO inferences to be made to reach a conclusion (security footage, eyewitness testimony, confession)Circumstantial evidence - requires an inference to be made to reach a conclusion (DNA, fingerprints) A common error in collecting evidence is? - ✔✔Not collecting enough of the sample for comparison by the prosecution and the defense The 4 States that DO NOT have HATE CRIMES are? - ✔✔Wyoming, Arkansas, South Carolina, Indiana § 18-1-707 Use of physical force in making an arrest or in preventing an escape. (physical force) - ✔✔A peace officer 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 effect an arrest or prevent and escape from custody -to defend himself or a third person from the imminent use of physical force while attempting to effect such arrest or preventing an escape § 18-1-707 Use of physical force in making an arrest or in preventing an escape. (Deadly force) - ✔✔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 Detention facility - ✔✔any place maintained for the confinement, pursuant to law, or persons charged with or convicted of an offense, held for extradition, or otherwise confined pursuant to an order of a court When a person writes or cashes a check without sufficient funds and is aware of it, (intends to defraud), what's the charge? - ✔✔Check Fraud (class 6 felony) Deadly physical force - ✔✔Force; the intended, natural, and probable consequence of which is to produce death, and which does in fact produce death Deadly Weapon - ✔✔a firearm, a knife, bludgeon, or any other weapon that is capable of producing death or SBI Firearm - ✔✔any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges Dwelling - ✔✔a building which is used, intended to be used, or usually used by a person for habitation Bodily Injury - ✔✔physical pain, illness, or any impairment of physical or mental condition§ 18-1-802 Insanity - ✔✔a person who is not responsible for his or her conduct defined as criminal Motor vehicle - ✔✔any self-propelled device by which persons or property may be moved, carried, or transported from one place to another by land, water, or air Pecuniary Benefit - ✔✔benefit in the form of money, property, commercial interests, or anything else, the primary significance of which is economic gain Serious Bodily Injury - ✔✔bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss of impairment of the function of any part or organ of the body, or breaks, or burns of the second or third degree Tamper - ✔✔to interfere with something improperly, to meddle with it, or to make unwarranted alterations in its condition The 3 Inchoate offenses - ✔✔Criminal Attempt Criminal Conspiracy Criminal Solicitation Criminal attempt - ✔✔he engages in conduct constituting a substantial step toward the commission of the offenseSubstantial Step - ✔✔any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense Arrest - ✔✔to keep a person in lawful custody Bail - ✔✔security being taken because the party is arrested, to procure the release of a person from legal custody, by undertaking that he shall appear at the time and place designated Arraignment - ✔✔appearance before court to hear the charges against him, and to enter a plea, might also be to determine bail Preliminary Hearing - ✔✔a proceeding where it is decided if a crime was committed and whether there is probable cause to believe that the defendant committed the crime Indictment - ✔✔a written accusation charging the individual of a crime Plea Bargaining - ✔✔process whereby a defendant and prosecutor reach a mutually satisfactory disposition, subject to court approval Trial - ✔✔a judicial examination and determination of facts and legal issues between parties Disposition - ✔✔the court's final determination of a lawsuit or criminal chargeMunicipal Courts handle: - ✔✔Violations of city laws (i.e. traffic, shoplifting, disturbances, etc.); NO civil cases County Courts handle: - ✔✔Civil cases under $15,000; misdemeanors, traffic, protection orders, small claims, felony initial proceedings District Court handles: - ✔✔Civil cases of any amount, felonies, custody hearings, divorce, juvenile, and mental health cases Court of Appeals Mission: - ✔✔To provide a clear, impartial, and timely resolution to appealed orders and judgements 22 judges, judges have 8 year terms; 3 judge panels decide cases Supreme Court - ✔✔The highest judicial court in a country or state. Can refuse to hear cases 7 justices Special Courts handle: - ✔✔Water courts (7); probate (oversee distribution of estates); juvenile (magistrates); problem solving courts (i.e. veterans, drug recover