CITP FLETC 2 EXAM Review 2024
Elements of a crime *** An Act
A Failure to Act
Intent
Criminal Statutes *** Each Statute has elements to it and needs to be proven beyond
a reasonable doubt
General intent *** Intent to do the prohibited act
No specific mental state (evil motive/intent to violate the law)
No requirement to prove harm was intended
Specific intent *** Requires proof the perpetrator desired the consequences of the
actions as set forth in the statute
Felony v. Misdemeanor *** Felony maximum term of imprisonment-more than 1 year
Misdemeanor maximum term of imprisonment- 1 year or less
Maximum term of Imprisonment for infraction *** No more than 5 days
3 types of jurisdiction *** Exclusive Jurisdiction
- ONLY Federal Law
Concurrent Jurisdiction
-Both Federal and State
-Either or both can investigate and prosecute crimes committed within area
Proprietary Jurisdiction
-U.S. has authority over the area like a private island owner or a tenant
-Federal Government has no particular right to execute LE activities in area
- Ex.) government building
Assimilative Crimes Act *** Authority to prosecute state crimes under Federal Law
-Assimilate crimes of state where federal property is located
-ex.) DUI or minor in possession
Federal government can only execute LE activity if: *** Exclusive Jurisdiction
Concurrent Jurisdiction
-NEVER APPLIES FOR A CRIME COMMITTED UNDER PROPRIETARY
JURISDICTION
3 different types of assault *** -Assault by Offer
-No contact however the actions put someone in fear or apprehension of their safety
-Assault by Attempted Battery
-Battery
, Title 18 U.S.C. § 111 *** Whoever forcibly assaults, opposes, impedes, intimidates,
interferes with any person designated in section 1114 of the title (while engaged or on
account of the performance of official duties-any federal employee in performance of
official duty or anyone assisting)and any person who formerly served as a person
designated in section 1114 (on account of the performance of official duties during such
person's term of service)
Protects Persons Identified in 18 USC 1114 from Assault *** · All Federal Employees
in the scope of their duties, and
· Any person assisting Federal Employees
· Extremely Broad Definition
What is knowledge and intent of 18 US 111 *** Title only requires intent to assault- not
intent to assault a federal officer and
The assault must be willful
-Defendant acted voluntarily and intentionally
-Not by mistake or accident
What is penalty of 18 US 111 *** · Simple Assault (no touching): Misdemeanor
· Assault that involves contact but no bodily injury: Not more than 8 years
· Assault resulting in bodily injury or involves deadly weapon: Not more than 20 years
Title 18 U.S.C. § 201 *** Bribery
Intent in Title 18 U.S.C. § 201 *** Offer or acceptance of something of value in
exchange for the performance of an official duty and a corrupt or evil motive behind the
acceptance
· Requires Proof of corrupt Criminal intent
· Generally, Bad or Evil purpose or Motive
Punishment in Title 18 U.S.C. § 201 *** · Imprisoned not more than 15 years
· Impossibility is not a defense (cant complete the bribe)
18 USC 201 ( c ): *** · Lesser included Offense
· Proof differs from Bribery
· Unlike Bribery, No requirement of corrupt offer of Acceptance
· Government Must Merely Prove:
- Something of value was Given to Public Official for or because of official act performed
or to be performed
Punishment 18 USC 201 ( c ) *** Imprisoned not more than 2 years
Principles of Memory *** · The mental record is not an exact replica of the event.
· The stored mental record may become altered as it comes into contact with other
stored information
Elements of a crime *** An Act
A Failure to Act
Intent
Criminal Statutes *** Each Statute has elements to it and needs to be proven beyond
a reasonable doubt
General intent *** Intent to do the prohibited act
No specific mental state (evil motive/intent to violate the law)
No requirement to prove harm was intended
Specific intent *** Requires proof the perpetrator desired the consequences of the
actions as set forth in the statute
Felony v. Misdemeanor *** Felony maximum term of imprisonment-more than 1 year
Misdemeanor maximum term of imprisonment- 1 year or less
Maximum term of Imprisonment for infraction *** No more than 5 days
3 types of jurisdiction *** Exclusive Jurisdiction
- ONLY Federal Law
Concurrent Jurisdiction
-Both Federal and State
-Either or both can investigate and prosecute crimes committed within area
Proprietary Jurisdiction
-U.S. has authority over the area like a private island owner or a tenant
-Federal Government has no particular right to execute LE activities in area
- Ex.) government building
Assimilative Crimes Act *** Authority to prosecute state crimes under Federal Law
-Assimilate crimes of state where federal property is located
-ex.) DUI or minor in possession
Federal government can only execute LE activity if: *** Exclusive Jurisdiction
Concurrent Jurisdiction
-NEVER APPLIES FOR A CRIME COMMITTED UNDER PROPRIETARY
JURISDICTION
3 different types of assault *** -Assault by Offer
-No contact however the actions put someone in fear or apprehension of their safety
-Assault by Attempted Battery
-Battery
, Title 18 U.S.C. § 111 *** Whoever forcibly assaults, opposes, impedes, intimidates,
interferes with any person designated in section 1114 of the title (while engaged or on
account of the performance of official duties-any federal employee in performance of
official duty or anyone assisting)and any person who formerly served as a person
designated in section 1114 (on account of the performance of official duties during such
person's term of service)
Protects Persons Identified in 18 USC 1114 from Assault *** · All Federal Employees
in the scope of their duties, and
· Any person assisting Federal Employees
· Extremely Broad Definition
What is knowledge and intent of 18 US 111 *** Title only requires intent to assault- not
intent to assault a federal officer and
The assault must be willful
-Defendant acted voluntarily and intentionally
-Not by mistake or accident
What is penalty of 18 US 111 *** · Simple Assault (no touching): Misdemeanor
· Assault that involves contact but no bodily injury: Not more than 8 years
· Assault resulting in bodily injury or involves deadly weapon: Not more than 20 years
Title 18 U.S.C. § 201 *** Bribery
Intent in Title 18 U.S.C. § 201 *** Offer or acceptance of something of value in
exchange for the performance of an official duty and a corrupt or evil motive behind the
acceptance
· Requires Proof of corrupt Criminal intent
· Generally, Bad or Evil purpose or Motive
Punishment in Title 18 U.S.C. § 201 *** · Imprisoned not more than 15 years
· Impossibility is not a defense (cant complete the bribe)
18 USC 201 ( c ): *** · Lesser included Offense
· Proof differs from Bribery
· Unlike Bribery, No requirement of corrupt offer of Acceptance
· Government Must Merely Prove:
- Something of value was Given to Public Official for or because of official act performed
or to be performed
Punishment 18 USC 201 ( c ) *** Imprisoned not more than 2 years
Principles of Memory *** · The mental record is not an exact replica of the event.
· The stored mental record may become altered as it comes into contact with other
stored information
