MPOETC Exam 19 | Questions with Complete Solutions (2023/2024)

MPOETC Exam 19 | Questions with Complete Solutions (2023/2024) -Sentencing -Defendant has the right to Appeal Subpoena - ansCourt order requiring a person to testify in court Expressed consent - ansSpecifically unquestionable: -Verbally -Written Implied consent - ansConsent implied by actions: -Raising of hands -Implied by gestures Exigent Circumstances - ans-destruction of evidence -lives are threatened -suspect escape is imminent Search warrant must include - ansProof of probable cause Description of place to be searched Description of what will be seized Nineth Amendment - ansThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Tenth Amendment - ansThe powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people - ans First amendment - ansFreedom of speech, religion, and press and the right to petition is ensured Grading of crimes - ansFelony, misdemeanor, summary States of mind (Mens Rea) - ansMental intent to commit crime, must be done: Recklessly Intentionally Negligently Knowingly Where are statutes of limitations found - ansTitle 42 section 5552 Judiciary code Codification - ansProcess of organizing and arranging of all legislation Crimes codes - ansStatutes developed through legislation All crimes need what two elements - ansActus Reus (physical act of crime) Mens Rea (mental intent to do crime) Instrument of a crime - ansAny instrument that is intended to be used to commit a crime First degree murder requires - ansIntent and malice Felony - ansArson, burglary, robbery, rape, deviate sexual intercourse, kidnapping Voluntary manslaughter - ansFelony 3, Committed in the heat of passion Involuntary manslaughter - ansCriminal negligence felony 2 Simple assault - ansBodily injury, physical menace Aggravated Assault - ansSerious bodily injury or threat of Stalking - ansIntent of putting victim in fear of bodily injury, causing substantial emotional duress Kidnapping - ansConfine for a substantial period, move a substantial distance Rape - ansPenetration however slight, forcible without consent