MPOETC Exam #2 Criminal Law Test, Questions and Answers

Grading - The grading of the offense dictates whether a physical arrest can be made on scene, the actor is released and summoned, or an arrest warrant must be filed for prior to arrest Actor - Includes, where relevant, a person guilty of an omission Elements of an offense - such conduct or such attendant circumstances or such a result of conduct as: 1-is included in the description of the forbidden conduct in the definition of the offense. 2-establishes the required kind of culpability 3-negatives an excuse or justification for such conduct 4-negatives a defense under the statute of limitation, or 5-Establishes jurisdiction or venue 4 Kinds of Culpability - Intentionally, Knowingly, Recklessly, and Negligently Tolling - a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations on view arrest - Any felony, or any misdemeanors in view of officer, based on grading or exception to laws of arrest when authorized by law Class+Grading - The CLASS+GRADING of the offense determines the required route of prosecution. ***Class of Offense and Grading of Offense are very important**** Summary Offense - Not classified as a crime, but as an offense. Imprisoned no more than 90 days, no more than $300 fine. General Rule - A person is not guilty of an offense unless his liability is based on CONDUCT which includes a VOLUNTARY ACT or the OMISSION to perform an act of which he is physically capable. General Requirements of Culpability - An actor will only be guilty of a crime, if, as specifically required by that law, he commits an act: 1-Intentionally 2-Knowingly 3-Recklessly 4-Negligently M'Naghten's Rule - rule that determines whether a suspect's plea for criminally insane is accepted or not. A test for criminal insanity. Deadly Force - Capable of causing death/serious bodily injury 505 b(2) Use of Deadly Force/Chapter 5 When is a private citizen allowed to use deadly force? - "The use of deadly force is not justifiable under this section UNLESS the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping, or sexual intercourse compelled by force or threat" CANNOT use force is you are the primary aggressor and you have NO right to resist arrest ever even if you believe it to be unlawful 508 Use of Force In Law Enforcement - *this section allows you to do what you do as an officer* Defense+Control, controlling an actor for arrest. Deadly force justified if preventing death or serious bodily injury to himself or such other person. Required to use deadly force-threat of serious bodily injury or death and the person has attempted or committed a forcible felony. (Necessary force used to make arrest) Inchoate Crimes - crimes that are committed before or in preparation for committing another crime Offenses: - Felony 1= 20 years $25,000 Fine Felony 2= 10 years $25,000 Fine Felony 3= 7 years $15,000 Fine Misdemeanor 1= 5 years $10,000 Fine Misdemeanor 2= 2 years $5,000 Fine Misdemeanor 3= 1 year $2,500 Fine Summary Offense= 90 days $300 Fine Murder 1= Death or Life Imprisonment $50,000 Fine Murder 2= Life Imprisonment $50,000 Fine Murder 3= 40 years $50,000 Fine Aggravated Assault - a person that inflicts serious injury upon another person or uses a deadly weapon.