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What is the priority of life scale?
- answer-1. hostages
2. other civilians
3. fire/EMS
4. LE
5. suspect
Warrants may be used to search for and seize any property that:
- answer-1. is stolen or embezzled
2. is designed or intended for use as a means of committing a criminal offense
3. is or has been used to commit an offense
4. is illegal to possess
Production of records
- answer-search warrant used for companies whose records are out of state (google,
yahoo, microsoft)
How many days does a production of records have to be served within?
- answer-14 days (fax or email is generally ok)
How many days does a company have to comply with a production of records?
- answer-30 days, but can ask for an extension
What is the priority of life scale?
- answer-1. hostages
2. other civilians
3. fire/EMS
4. LE
5. suspect
,Warrants may be used to search for and seize any property that:
- answer-1. is stolen or embezzled
2. is designed or intended for use as a means of committing a criminal offense
3. is or has been used to commit an offense
4. is illegal to possess
Production of records
- answer-search warrant used for companies whose records are out of state (google,
yahoo, microsoft)
How many days does a production of records have to be served within?
- answer-14 days (fax or email is generally ok)
How many days does a company have to comply with a production of records?
- answer-30 days, but can ask for an extension
What are the two types of arrest?
- answer-Custodial
Non-custodial
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