100% Correctly) Complete Solution Guide A+
Rated
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
Strict Liability - ANSWER>>when conduct alone is all that is required for the
commission of a particular offense
(ex: DUI)
, Mental Culpability - ANSWER>>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 - ANSWER>>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 - ANSWER>>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? - ANSWER>>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 - ANSWER>>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