and Answers
Grading - CORRECT ANSWER-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 - CORRECT ANSWER-Includes, where relevant, a person guilty of an omission
Elements of an offense - CORRECT ANSWER-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 - CORRECT ANSWER-Intentionally, Knowingly, Recklessly, and
Negligently
Tolling - CORRECT ANSWER-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 - CORRECT ANSWER-Any felony, or any misdemeanors in view of
officer, based on grading or exception to laws of arrest when authorized by law
Class+Grading - CORRECT ANSWER-The CLASS+GRADING of the offense
determines the required route of prosecution.
***Class of Offense and Grading of Offense are very important****
Summary Offense - CORRECT ANSWER-Not classified as a crime, but as an offense.
Imprisoned no more than 90 days, no more than $300 fine.
General Rule - CORRECT ANSWER-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 - CORRECT ANSWER-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 - CORRECT ANSWER-rule that determines whether a suspect's plea
for criminally insane is accepted or not. A test for criminal insanity.
Deadly Force - CORRECT ANSWER-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? - CORRECT ANSWER-"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 - CORRECT ANSWER-*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 - CORRECT ANSWER-crimes that are committed before or in
preparation for committing another crime
Offenses: - CORRECT ANSWER-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 - CORRECT ANSWER-a person that inflicts serious injury upon
another person or uses a deadly weapon.
*****a 1,2,9= Felony 1
a 3,4,5,6,7,8= Felony 2****
Exam - CORRECT ANSWER-***A person may violate both criminal and civil law***
Juvenile Court System - CORRECT ANSWER-Rehabilitation rather than Punish